The document discusses the three branches of power in Nepal - legislative, executive, and judicial. The legislative branch makes laws through the Constituent Assembly. The executive branch is headed by a Prime Minister and Council of Ministers. The judicial branch is headed by the Supreme Court, and interprets laws and hears civil and criminal cases. Each branch has separate powers and provides checks and balances on the other branches under Nepal's system of governance.

1. THE THREE DIVISION OF POWER
IN NEPAL
* Legislative
* Executive
* Judicial

2. INTRODUCTION
• Separation of powers is a political doctrine
originating in the writings of Montesquieu in
The Spirit of the Laws where he urged for a
constitutional government with three
separate branches of government. Each of the
three branches would have defined abilities to
check the powers of the other branches. This
idea was called separation of powers.

3. HISTORY
• The separation of powers, also known as trias
politica, is a model of the governance of democratic
states. The model was first developed in ancient
Greece. Under this model, the state is divided into
branches, each with separate and independent
powers and areas of responsibility so that the powers
of one branch are not in conflict with the powers
associated with the other branches. The typical
division of branches is into a legislature, an executive,
and a judiciary. It can be contrasted with the fusion of
powers in a parliamentary system where the executive
and legislature (and sometimes parts of the judiciary)
are unified.

4. Checks and Balances
Executive
Branch
Legislative
Branch
Judicial
Branch
Constituent Assembly/Parliament
Prime Minister Council of Ministers Constitutional Council
Supreme Court

5. THE LEGISLATIVE BRANCH
House of Representatives and Senate

6. • A legislature is the law-making body of a political
unit, usually a national government, that has
power to amend and repeal public policy. Laws
enacted by legislatures are known as legislation.
Legislatures observe and steer governing actions
and usually have exclusive authority to amend
the budget or budgets involved in the process.
Names for national legislatures include
"parliament", "congress", "diet" and "assembly".
The members of a legislature are called
legislators.

7. • The legislative is the law making body of the
country. To make law is the most important
function of the state. The country functions
under the laws made by the legislature. The
legislative came as an organ of state in 18th and
19th century. In most of the countries the
members of the legislative are elected by the
people. Constituent assembly is working as thee
legislature of Nepal at present. Legislative is
composed of 601 members. Among them, 240
members are directly elected by the people from
240 constituencies. 335 members are elected
through proportional basis and 26 members are
nominated by the cabinet.

8. Power and Functions of the
Legislative
• All the bills are presented in the parliament. After
passing the bills by the majority. After his approval, it
becomes the law. In this way, all the laws are made in
the parliament.
• The legislative controls over the finance of the country.
Legislative passes the annual budget according to
which the government spends money in various tasks.
• Legislative can raise questions to any work of the
government. If the government does not work
properly, legislative can withdraw its support and
government is dissolved. In this way the legislative has
control over the executive.

9. • If the Chief Justice or any judge of the
Supreme Court is found involved in
misconduct or does not perform duties
properly, two-thirds majority of the
parliament can remove of such judge or Chief
Justice. In this way, legislative controls the
judiciary also.
• Legislative can also amend the laws and
constitution.

10. THE EXECUTIVE BRANCH

11. Under the Interim Constitution, executive power is vested in
a Council of Ministers headed by a Prime Minister. The Prime
Minister and other members of the Council of Ministers are
chosen through a ‘political consensus’ among the seven main
political parties, failing which a leader commanding
majority support in parliament is appointed as the Prime
Minister. The Prime Minister and the Council of Ministers are
collectively responsible to Parliament while individual
ministers are responsible to both Parliament and the Prime
Minister.

12. Power and Functions of the Executive
The function of executive is increasing day by day in
this modern age. There is a lot of work that the
executive has to perform. It is the duty of the e
executive to maintain law and order in the country.
Executive has to fulfil the basic needs of the people like
food, shelter, clothing, education and health services.
The following are the major functions of the executive:

13. •To run the administration of the country
efficiently and provide basic service to the
people. Executive makes important
appointments and transfers, and controls and
supervises all civil and military departments and
their subordinates.
•To maintain law and order and protect the
country from foreign invasion.
•To impose taxes and run various development
works.
•To sign treaties and make good diplomatic
relations, depute ambassadors to foreign
countries.

14. •To present the budget in the parliament and
operate it after the approval of the
parliament.
•To summon, adjourn or postpone the
session of the parliament.
•To table the draft bill in the parliament for
appropriate laws.

15. THE JUDICIAL BRANCH

16. The court system of Nepal is made up of a Supreme Court
(Sarbochha Adalat), Appellate Courts, District Courts, and special
courts established by law. The Supreme Court is the highest court
with the power to inspect, supervise, and give directives to the
lower courts. It has original and appellate jurisdiction over cases
involving the constitution and federal laws. It may declare laws
unconstitutional and enforce fundamental rights. The Supreme
Court is composed of 15 members, including a Chief Justice. The
Prime Minster appoints the Chief Justice on the recommendation
of the Constitutional Council, and the Chief Justice in turn
appoints the other Justices on the recommendation of the Judicial
Council. The Justices in Supreme Court retire at the age of 65 and
judges in lower courts at the age of 63. A supreme court judge
may resign or be impeached by a two-thirds vote of the
legislature.

17. JUDICIAL BRANCH
Chief Justice
Head of supreme Court
Supreme court
14 Justices
Circuit Courts
Court of Appeals
State vs. State
District Courts
Trial Courts
Civil cases
Criminal cases

18. JUDICIAL BRANCH
• Civil Cases - sue, divorce, contracts, any case
that does not involve a crime
• Criminal Cases - commit a crime
• Defendant - the person on trial
• Plaintiff - person who brought case to court
• Prosecutor - represents city, state, people in a
criminal case

19. The Powers of the Judicial Branch
 The power given to courts to interpret the law is called jurisdiction.
The jurisdiction granted to the judicial branch is limited to federal
and constitutional laws. The federal courts hear cases where a
person or group disobeyed the constitution, violated a treaty,
committed a crime on federal property, or broke a federal law. They
also hear cases when a citizen from one state sues a citizen of
another state. The federal courts also hear cases when a foreign
country accuses a government official or Nepali citizen of a crime
against their nation.
 The lower courts' decisions in these cases set precedent. The
lower court judges are required to give legal reasons for their
decisions. Precedent sets an example to follow for future cases with
related subjects. The decisions reached in these courts can have a
significant effect on the citizens of our country.