(1) Any citizen of Nepal may file a petition in
the Supreme Court to have any law or any part thereof declared void on the
ground of inconsistency with this Constitution because it imposes an unreasonable
restriction on the enjoyment of any fundamental right conferred by this
Constitution or on any other ground, or to have any law or any part thereof made
by a State Assembly declared void because it is inconsistent with any law made by
the Federal Parliament or to have any law or any part thereof made by a Municipal
Assembly or Village Assembly declared void because it is inconsistent with a law
made by the Federal Parliament or the State Assembly, and the Supreme Court
shall have an extra-ordinary power to declare that law to be void either ab initio or
from the date of its decision if the law appears to be so inconsistent.
(2) The Supreme Court shall, for the enforcement of the fundamental
rights conferred by this Constitution or of any other legal right for which no other
remedy has been provided or for which the remedy even though provided appears
to be inadequate or ineffective or for the settlement of any constitutional or legal
question involved in any dispute of public interest or concern, have the
extraordinary power to issue necessary and appropriate orders, provide appropriate
remedies, enforce such right or settle such dispute.
(3) Under the extra-ordinary jurisdiction under clause (2), the Supreme
Court may issue appropriate orders and writs including the writs of habeas corpus,
mandamus, certiorari, prohibition and quo warranto.
Provided that except on the ground of lack of jurisdiction, the Supreme
Court shall not under this clause interfere with any internal proceedings of the
Federal Parliament or State Assembly, and with any proceedings instituted by the
Federal Parliament or State Assembly concerning violation of its privileges and
penalties imposed there for.
(4) Subject to this Constitution, the Supreme Court shall, as provided in
a Federal law, have the power to originally try and settle cases, hear appeals, test
judgments referred for confirmation, revise cases, hear petitions or review its
judgments or final orders. Judges other than those having handed down the
previous judgment shall make such review.
(5) The Supreme Court shall settle appeals from cases originally tried
and settled by a High Court and matters of public importance involving questions
of interpretation of the Constitution and law or cases recommended by a High
Court, accompanied by its opinion that it is reasonable that decision be made by
the Supreme Court.
(6) Other powers and procedures of the Supreme Court shall be as
provided for in the Federal law.