Nepal

Legal tradition

Nepal belongs to the mixed common law and hindu customary tradition tradition. A system built on the Muluki Ain, the country code first promulgated in 1854 and comprehensively replaced by the Civil Code and Criminal Code of 2017, which came into force in August 2018 and modernised private and criminal law together. Common-law method predominates in adjudication: the Supreme Court's decisions bind lower courts and are a recognised source of law. The 2015 Constitution converted a unitary Hindu kingdom into a secular federal republic with three tiers of government, and its implementation is still the dominant question in Nepali public law.

How power is divided

Federal with three tiers: one federal government, seven provinces and 753 local units, each with its own elected assembly and schedule of exclusive powers. This is a genuine constitutional division rather than delegation — local units have taxing and legislative competence — and much post-2015 litigation concerns the boundaries between tiers and the slow transfer of staff and revenue.

Where law comes from

The Constitution of 2015

Supreme; inconsistent law is void under Article 133.

Federal, provincial and local legislation

Three legislative tiers with allocated competences.

The Civil Code and Criminal Code 2017

Replaced the Muluki Ain; in force since August 2018.

Supreme Court precedent

Binding on subordinate courts and a formal source of law.

Custom

Recognised where consistent with the Constitution and codified law.

The legal profession

Advocates are licensed by the Nepal Bar Council after a law degree and the Council's examination, with tiers of pleader, advocate and senior advocate. A single licence permits appearance at all levels, and the Nepal Bar Association is the professional body. Legal aid is provided under the Legal Aid Act 1997 through district committees, and the Constitution guarantees free legal aid to indigent parties.