4.3 Fundamental, General and Specific Laws

The curriculum's own three-fold division of Nepali law by hierarchy of application: CategoryMeaningNepali examplesFundamental lawThe supreme framework law from which all other laws draw validity; it cannot be overriddenThe Constitution of Nepal 2072 (Art. 1: any law inconsistent with it is void)General lawLaw of uniform application to all persons and the whole territory, made under the ConstitutionThe Muluki Civil Code 2074, Muluki Criminal Code 2074, Civil Procedure Code 2074, Criminal Procedure Code 2074 — the modern successors of the Muluki AinSpecific (special) lawLaw governing a particular subject, person-group or territory, overriding general law in its own field (lex specialis derogat legi generali)Labour Act 2074; Children's Act 2075; Banking Offences and Punishment Act 2064; Consumer Protection Act 2075; Evidence Act 2031; provincial and local laws under the Schedules Why the distinction matters (exam favourite): 1. It fixes the hierarchy of norms: fundamental > general > specific in validity, though specific > general in application. 2. It answers the classic litigation question — which law governs this dispute? The court first checks the special statute, then falls back on the Codes. 3. It shows the technique of the 2074 reform: general principles went into the Codes, while technical subjects (companies, securities, banking, environment, children) stayed in special Acts.