2024/10/13 by Giri, Naresh
#FOS: Law #Law
paper · doi:10.17605/osf.io/v5mwc
The Nepali legal system has a unique component of the Constitutional Bench, which we cannot see in other countries. The provision of the Constitutional Bench within the Supreme Court forms a hybrid system reminiscent of the American Model, where the Supreme Court holds the power of constitutional interpretation, and the Austrian Model, where the Constitutional Court possesses final power in constitutional interpretation. As the Constitutional Bench is a new practice in Nepal, there are several hurdles for its smooth functioning, which raise questions about its relevance. This research aims to analyze the constitutional provisions regarding the Constitutional Bench with reference to debates in the Constituent Assembly during the constitution-making process. Methodologically, the research employs a mixed approach, combining a doctrinal approach focusing on legal doctrines with a non-doctrinal approach examining empirical data. The researcher draws upon the constitutions of various countries, reports of the Constituent Assembly, decisions of the Supreme Court, decisions of foreign courts, data obtained from the Constitutional Bench Section and the Supreme Court's editing department and Supreme Court IT section, various journal articles, lecture notes, group discussion with the officers of Constitutional Bench and internet sources. This paper argues that the inclusion of the Constitutional Bench provision in the constitution is the result of comprehensive deliberations within the Constituent Assembly, aimed at addressing the requisites of the Nepali federal framework. With requisite revisions to mitigate existing deficiencies, it possesses the potential to emerge as a distinctive model within legal systems globally, owing to its singular status as a unique practice unparalleled elsewhere.