Fundamental Rights And Mechanism Of Enforcing Fundamental Rights

 

What are Fundamental rights guaranted under existing constitution of Nepal? What is the mechanism for enforcing?

=Fundamental rights guaranted under existing constitution of Nepal are given below:
Right to live with dignity (Article 16)

Right to freedom

Right to equality

Right to communication

Right to justice

Right of a victim of a crime

Right against torture

Right against preventive detention

Right against untouchability and discrimination

Right to property

Right to freedom of religion

Right to information

Right to privacy

Right against exploitation

Right to clean environment

Right to education

Right to language and culture

Right to employment

Right to labour

Right to health

Right to food

Right to shelter

Right of women

Right of children

Right of Dalit

Right of senior citizen

Right to social justice

Right to social security

Right of consumer

Right against banishment

Right to constitutional remedies



ENFORCEMENT OF FUNDAMENTAL RIGHTS

Article 133 under clause(2) of the Constitution states:

The Supreme Court will have the capacity to issue bearings or requests or writs, incorporating writs in the idea of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be suitable for the requirement of any of rights given by this Part.

Article 133(2) vests the Supreme Court of Nepal with the jurisdiction to entertain matters bordering on the enforcement of Fundamental Rights. Thus, by virtue of Article 133, an aggrieved Nepali citizen has the right to file a fundamental right enforcement action directly at the Supreme Court.It was observed that Article 133 constitutes the Supreme Court as the guarantor and protector of fundamental rights.

Article 133 is somewhat restrictive in scope. This is because the Supreme Court can only exercise jurisdiction over fundamental rights.

The High Courts of Nepal, also have the jurisdiction to entertain matters on enforcement of Fundamental Rights. Article 144 of the Nepali Constitution provides as follows:

Notwithstanding anything in Article 133, every High Court shall have powers throughout the territories in relation to which it exercise jurisdiction to issue to any person or authority, including in appropriate cases, any Government, within those territories, directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights and for any other purpose”

The scope of the High Court’s jurisdiction is much wider than that of the Supreme Court. However, unlike the Supreme Court which has jurisdiction over the whole of Nepal ,territorial jurisdiction limits the scope of the High Court.

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