Tourism Legislation Notes (Law Notes)

                                                                                                  Unit 1

Introduction of law

Meaning, nature and sources of law

Nature of law

Sources of law

Kinds of law

Court system

 

LAW: An Introduction

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible.It shapes politics,economics and society in numerous ways and serves as a social mediator of relations between people. It is impractical to give universal and common definition of law since it is a social science and grows and develops with the society. It is after a word ‘lag’ which means something that lied fixed or evenly, or in other words, it is uniform.

Various jurists make their efforts to define law and their approach varies with their ideologies.Some positive jurists believe only the state made laws to be laws and do not recognize the laws not recognized and applied by the state. John Austin, law is the aggregate of rules set by men politically superior, or sovereign, to men as politically subject.”

Holland’s pragmatic view reflects, “Law is a rule of external human action imposed by the sovereign political authority.”

Salmond, “Law is a perfect union of the right or might; it is the body of the principles recognized and applied by the state in administration of justice.”

Writing in 350 BC, the Greek philosopher Aristotle declared, “The rule of law is better than the rule of any individual.”

Black’s Law Dictionary, “Law is the regime that orders human activities and relations through systematic application of the force of politically organized society or through social pressure, backed by force, in such a society.”

Cambridge Advance Dictionary, “Law is a rule, usually made by the government, that is used to order the way in which a society behaves or the whole system.”

In Nepal, various terms are used as synonyms of law. The interpretation of laws Act defines ‘Nepal Law’. Nepal law refers to any Nepal Act or any enactment, rules or regulation, order or by-laws to be implemented as good as laws in any part of Nepal. This act defines expression ‘act’ or ‘enactment’. This expression shall mean an act and any provision contained in any act. Rules and regulation means rule made in exercise of a power conferred by an act, and shall include a by-law made as good as rule of regulation made under any act.

 

Evolution and Development of Law

There is a direct relationship between a society and the law being applied in that society. In one hand, law is a system of legal rules that relate to rights, duties, powers, immunities and liabilities of the state and that regulate the relationships between the members of the society. On the other, it is made according to the need of a society and to address the need of a society.

When people live together dispute is sure.  People living together have different interests. The interests of one person conflict with the interest of others. Disputes being arisen need to be solved, conflicting interests, to be resolved. Law is the means to resolve the disputes as well conflicting interests.

A society is not a static thing. Always changing is one of the characteristics. When change takes place in a society that needs to be managed. The society itself expects tools to regulate newly developed behavior. Law is accepted tool to manage the changes occurring in a society. For the purpose law comes into existence by formal process.

In medieval times (1000-1450 AD) in Europe, trade was carried on at fairs. Much of trade was of an international character. Any disputes arose between merchants in those trades were settled at special courts according to the customs and practices of merchants. As merchants were from different country and cultures, no party's law could be applied. These came to be described as lexmercatoria (law merchant)in 15th century. Later state courts recognized the practices as law and those laws are the roots of principles of commercial law.

Industrial revolution of the West insisted to evolved laws to regulate the relation between industrialists and workers. Law relating to trade union and laws relation to child labour were also emerged because of the same event. Growing number of female in workplace and treating the discriminately, became the cause for the evolution of law against sexual harassment.

After people's movement 2062/63 we are making laws addressing the demand relating to social inclusion.

Need of society is the cause of the evolution of law. if an existing law cannot address the problem of society, the law should be revised. This is the process how law develops.

In present days, new laws are enacted and existing laws are amended to fulfill the international obligations accepted by a country also.

Sources of Law

Source of law mean the place of material from where a rule of law originates or gets its force and validity. There are various sources of law, some sources are authoritative sources and some are non-authoritative. Authoritative sources are also called legal sources as well as formal sources. Legally enforceable rules and norms of a society in a political order, which are recognized by judiciary, are the sources of law. Non-authoritative sources are historical sources as well as non formal sources.

Legal or authoritative or formal source

 The sources of law that have the force or authority come under this category. There are four types of legal sources: Legislation, Precedent, Custom and Convention.

Legislation- Legislation is the declaration of legal rules by a competent authority. Legislation is made of two Latin words legis and latum which means making or setting of law. Legislation is the most important source of law. It means the process of law making by a legislative body or parliament. Generally, legislation is enacted under the authority of constitution. Therefore, legislation should be consistent with the constitution in our context, the legislature/parliament has the authority to make law that is called statute or Act of Parliament. These statutes must not be contradicted to the constitution. In case of contradiction any Nepali Citizen can file a case calling the court of declare that law void.

Constitution:  It is the fundamental law of the land which governs all other laws of the land. Countries with written constitution have the constitutional provisions as means of controlling the constitutionality of other laws. Constitutional provisions are special legislation with greater status and authority.

Statute: Statute means enactment. It is a law made by legislature, therefore called legislation. Direct legislature is the law made by the legislature itself and indirect legislation refers to the rules made by an authority other than legislature but having delegated power of the legislature. Example is regulation made by the Ministry or any other department under the legislature. In England, legislations passed by the Parliament are supreme legislation.

Precedent /Judicial decision-A body of rule is developed by courts, also called case law, judge made law or precedent.Precedent means a rule lay down by the court in the process of deciding a case. It is a principle contained in the judicial decision. This body of rule based on the principles of stare decisis which refers to ‘let the decision stand’. Judicial decision has the authority to be bound constitutionally in Nepalese legal system until it is overruled by judiciary itself of by the enactment. When the Supreme Court establishes principles in its decision, it has the authority of law.

Custom- If is the particular behavior is observed by individuals, in the long run, it becomes a rule which is known as custom. These practices are recognized by the court and becomes binding. If certain behavior is followed by the traders for a long time it becomes rule among the business communities and later it is recognized by law. To be valid, custom must be followed from immemorial period. In other words, society develops customs from the time immemorial and such rules of the society can be accepted and recognized by the state as law. Customary rules can be applied to fill the gap of law by the court while dispensing justice.

Convention or Usage- It is a uniform and certain reasonable lawful practice existing in a particular locality or occupation and binding persons entering into transactions chiefly on the basis of presumed familiarity. When two parties enter an agreement, they cannot set out in words the whole terms of that agreement. Most agreement consists of two parts; the terms expressed and the terms implied larger part of that agreement. When two parties enter into contract in any particular market they are presumed to intend to contract in accordance with the established usage of the market.

International treaties and conventions: When the state is a party of the international treaties and conventions, such treaties and conventions are sources of law but needs ratification by the legislature. They are at par to constitutional law, although the practice varies.

Enforceable agreements: Contracts, deeds, conventional law having its source in agreements like partnership agreements etc are sources of law.

Delegated legislation/administrative law: Different kinds of rules and regulations made by authorities other than legislature are also sources of law. These laws are made with the authority parliamentary act.

 Historical or non authoritative or non formal sources

These sources do not have the authority of law but contribute for the development law in the long run. They are indirect sources of law. Some of them are writing of legal scholars, decision of foreign courts, law of other countries etc.

Persuasive source: These are not binding sources but help to fill the gaps in law. Some types are:

·         Comparative law- foreign rules, precedents and customs looked up to find the solution when there are some grey areas in Nepalese legal system.

·         Minimum standards of international Human Rights and Humanitarian law if Nepal is yet to become a party

·         Opinions, expressions, arguments and writings of legal experts.

Classification of law

Law can be classified in different ways. The basis of the classification is its nature, function, purpose and scope. No classification can be considered exclusive. Some type of law can fall on different classification. Some of the classification of law is:

Constitutional Law and General Law

Constitutional law is the body o those legal rules which governs the government. It established the government organs, describes their structure, power and functions. It regulates state-citizen relationship. It provides fundamental rights to the citizens. Constitutional law is the supreme law of a country. Laws other than constitution are General laws. General law of a country is made under the authority provided by the constitution. General law must be consistent to the constitution. If there is inconsistency the constitution prevails and the law inconsistent with the constitution is invalid.

Municipal and international law

Municipal law is any law applied internally within the nation. It regulates the relations of individuals of the state and the relation between the state and the individuals. It includes codes, ordinances, and regulations including bylaws. These are made and recognized by the governing bodies for maintaining public order and peace in society. Violation of these laws is subjected to various penalties, fines or imprisonment. People, state and its supreme as well as subordinate authorities are bound to follow this.

International law is a body of rules with its origin in treaties, resolutions, declarations of international organizations, equity and writings of judges and legal scholars, customary norms of international law and general principles of international law. It regulates relation between the states, international organizations with states, between international organizations, states with individuals, their own citizens or aliens within their territory or subject to their jurisdiction. Two basic types of international law:

·         Public international law: conflict of laws, deals with relationship between different nations, or between nation and persons from another country.

·         Private international law: deals with individual concerns, such as civil or human rights issues, not only between a government and its own citizens but also in treatment of citizens by other nations.

Private and Public Law

Private law deals with such aspects of relationship between individuals which do not concern directly to the state. It governs the relations of citizens among themselves. . In private law system, the laws are enforced by individual people who bring lawsuits against violators. The government does not prosecute in violations of private law and the violator is not sent to jail for violating private laws. The penalty is normally monetary. Examples are: family law, property laws, obligatory laws, law of contract, and law of torts.

Public law concerns with the state, either in international relations, or the relationship between the state and the individual. It governs the behavior of people and in enforced by the state. It deals with the formation and functions of the organs of the central and local government. It relates to an individual’s obligations to the state and society as a whole. It includes constitutional law, criminal law, administrative law, tax law and international law.

 Substantive and Procedural law

Substantive law deals with rights, duties, obligations and all other matters that are not matters purely of practice and procedures, of individuals and collective bodies. It creates, defines, or regulates rights and duties of the person. It defines crimes, prescribes appropriate punishments or provides sentence guidelines, along with discussions about legal relationships between people as well as entities. Substantive law includes civil and criminal law. So, it refers to all categories of public and private law. This has been enacted by legislature in various areas of law subjected to frequent changes as per the need of the society.

Procedural law is the body of legal rules that govern the process for determining the rights of parties. It prescribes the procedures and methods for enforcing rights and duties and for getting legal remedies through a law suit. It is a set of established forms for conducting a trial and regulating the events that precede and follow it. It prescribes rules relating to jurisdiction, pleading and practice, representation of counsel, prosecution of crime, collection of evidence, witness examination, adjudication, appeal, and execution of judgments. Procedural law governs the process by which substantive law is applied.

Substantive law and procedural law are thus inseparable in sense that procedural law prescribes necessary procedures to exercise and defend the provisions of substantive law.

Civil and Criminal law

Civil law provides rules for the conduct of relations and dealings between persons. Civil proceedings are brought by private parties with grievance. Thus, civil law is a part of private law that deals with rights, duties and obligations of individuals including family law, property law, contract law, labour law etc. Violation of civil law and civil liabilities will be followed by plaintiff usually settled by financial compensation.

Criminal law concerns wrongs against the community as a whole. It deals with crimes against human body, property, reputation, state and public rights. Guilty of criminal cases (breach of public duty) prosecuted and punished by the state. It works for maintaining the order in the society. 

Native and Foreign law

Native law refers to internal or domestic law of state which is also called municipal and national law.

Foreign law refers to the law of foreign country distinct from international law. Foreign laws are considered as facts, not law by the domestic court of law of the particular country. Laws of India, China, Japan are foreign laws for Nepal and Nepalese

Overview of Nepalese Legal System:

The legal system of Nepal is basically of indigenous origin. Before the territorial unification of Nepal in the eighteenth century, it was divided into a number of independent principalities each having its separate administrative set up with ruling monarch. Some principalities and city states such as Kathmandu, Lalitpur and Bhadgaon recognized the Hindu Dharma Shastras, the holy book of scriptures, including Vedas, Purans, and Smriti’s as the main sources of their law. After the territorial modification of the country, Nepalese legal development and the Dharma Shastra became supplementary and complementary to each other. Nepal is a country with a strong influence of Hinduism can be seen on its legal system. Hindu religion is based predominantly on patriarchal norms and values.

The notion of rule of law has been part of Nepalese legal system. All necessary laws are enacted by the Parliament itself or by judiciary in course of interpretation on the basis of valued judgment. The rule of law contains the principles of procedural fairness of natural justice on the basis of equality and liberty.

The main features of Nepalese legal system are follows:

Written law:

The Constitution of Nepal is fundamental law of land and all laws inconsistent with it shall, to the extent of such inconsistency, be void. Nepal accepts the principle of constitutional supremacy. Parliament makes necessary laws for the governance of the country.

Codification:

It is one of the main features of Nepalese legal system. The Country Code is a general code, which serves the purpose of civil and criminal law incorporating the respective procedures. The Country Code includes the substantive as well as procedural law related to court proceedings, property, inheritance, adoption, marriage, divorce, maintenance, homicide, rape, incest, bestiality. However, in case of conflict between the provision of Country Code and provisions made under a particular statute, the latter prevails over the Country Code.

Precedent:

Precedents are other binding sources of law. Only decision of the Supreme Court of Nepal is considered as precedent which is binding unless the parliament nullifies its effect by enacting new Act or the Supreme Court overrules its previous judgment.

International Treaties and Convention:

Any international treaty of convention which Nepal is a party is enforceable as a National Law.

Custom:

Custom as an unwritten law has influenced the Nepalese legal system from times immemorial, even during the Vedic period. Customs were given the place superior to other source of law. Lots of customs are incorporated in Country Code.

Juristic Writing:

Lawyers and judges during their dealing with cases quote many jurists. They try to improve their statement through juristic writings by giving reference of it, e.g. Modi jurisprudence is cited in the criminal cases as an authentic resource material.

Criminal Justice System:

Nepalese criminal justice system is mainly influenced by the adversary model developed in England but without jury system. The investigation crime is carried out by police. Government attorneys are involved in registration of case in court interrogation pleading etc. The accused has constitutional right to silence.

Justice System:

Civil Justice System is also an adversary when there is dispute between two litigation parties, one making claim or seeking relief against other and the other opposing such claim or resisting such relief.

Court

Black’s Law Dictionary, “It is a government body, consisting of one or more judges who sit to adjudicate disputes and administer justice.”

William J Hughes, Federal Practice, Jurisdiction and Procedure (1931) says, “A court is a permanently organized body, with independent judicial powers defined by law, meeting at a time and place, fixed by law for the judicial public administration of justice.

Nepalese Court consists of the following three types of courts:

• Supreme Court,
• High Court, and
• District Court

In addition to these courts, the law also allows establishment of special types of courts such as court of tribunals for the purpose of hearing special types of cases. Provided that no special court of tribunal is allowed to be constituted for the purpose of hearing a particular case, the Supreme Court is the apex court of Nepal. All other courts are under the Supreme Court. The Supreme Court is a court of record. Any interpretation given to law, any legal principle laid down by the Supreme Court in the course of hearing of a suit is binding on GoN and all offices and courts, the first instance court i.e. the district court is the trial court which decides on the basis of fact in both criminal and civil cases. Appeal court hear appeals against the decision of first distance court i.e. district court. However, Nepal is one of the few countries which have not accepted the rule of public participation for the judicial settlement of dispute. Except lawyers and witness no outsiders have any role to do something to get better judgment. The independence and neutrality of the court is guaranteed by the Constitution itself. Legal progression has acquired as prominent position in Nepalese legal system.

One of the main aspects of legal system is the observance legal rules sanctioning mechanism of state is important to observe the implementation of legal rules. Needless to say that penal system has been developed to punish law violators; otherwise the legal system may not survive. Nepalese penal system is more than reformative. Generally, the penalty impose on the accused involves the use of a lot of discretionary power of the judge. Capital punishment has been abolished in the country.

To conclude, the 1950 revolution which ousted the autocratic Rana regime and restored state power on King, marked the fresh beginning of new legal system. Having studied the laws and legal practice, after 1950, basically a combination of the common law, and Hindu law resulted in the development of indigenous system of justice. However, the trends of westernization especially in line with the Anglo-American system of law, is on the rise.

In the process of change and development the present constitution promulgated in 2007 and brought home drastic change into the existing judicial system of Nepal, some of which are basic human rights, independence of judiciary and rule of law which form the basic structure of the constitution; extraordinary jurisdiction of the Supreme Court is to test the validity of the laws on the touch stone of judicial review, the judicial council as an administrative mechanism to run the administration of judges; the tenure of service of judges of all levels. Except some of the articles on citizenship, the constitution is based on the principle of equality. However, the Country Code 1963 as well as various laws, which are inconsistent to the constitution, still exists and enforceable.

Court Hierarchy System of Nepal

Supreme Court: (1) There shall be a Supreme Court in Nepal.

(2) The Supreme Court shall be a court of record. All courts and judicial

bodies shall, except as otherwise provided in this Constitution, be under the

Supreme Court. The Supreme Court shall have the final authority to interpret this

Constitution and laws.

(3) The Supreme Court may inspect, supervise and give necessary

directives to, it and courts, specialized courts or other bodies under its

jurisdiction, in relation to matters relating to judicial administration orjudicial

management.

(4) All must abide by any interpretation of the Constitution or a law

made by or any legal principle laid down by the Supreme Court in the course of

trying a lawsuit. If anyone makes obstruction in the dispensation of justice by, or

disregard any order or judgment handed down by, it or any of its subordinate

courts, the Supreme Court may, in accordance with law, initiate proceedings and

impose punishment for contempt.

Jurisdiction of Supreme Court: (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.

Power to transfer of cases: (1) If cases which involve substantially the same

questions are sub judicebefore the Supreme Court and a High Court, and the

Supreme Court is satisfied on its own or on application by the Attorney General or

parties to such cases that such questions are of public importance, the Supreme

Court shall have the power to procure and adjudge the cases together.

(2) If there exists a special situation where judicial impartiality can be

questioned if a case filed in a High Court is tried by that Court, the Supreme Court

may, for reasons and grounds to be recorded, order such case to be transferred

from such High Court to another High Court and tried by the latter High Court, in

accordance with law.

High Courts: (1) There shall be a High Court in each State.

(2) If anyone makes obstruction in the dispensation of justice by, or

disregard any order or judgment handed down by, it or any of its subordinate

courts or judicial bodies, the High Court may initiate proceedings on and impose

punishment for contempt, as provided for in the Federal law.

(3) Each High Court shall consist of such number of Judges, in addition

to the Chief Judge, as provided for in the Federal law.

Jurisdiction of High Court: (1) The High Court shall have the power to issue

necessary and appropriate orders, for the enforcement of the fundamental rights

conferred by this Constitution or for the enforcement 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 legal

question involved in any dispute of public interest or concern,

(2) For the purposes of clause (1), the High 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 absence of jurisdiction, the High

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 therefor.

(3) The High Court shall, in accordance with the Federal law, have the

power to originally try and settle cases; hear appeals and test judgments referred

for confirmation.

(4) Other powers and procedures of the High Court shall be as provided

by the Federal law.

145. Power to transfer cases: (1) If a High Court is of the opinion that a case which

is sub judicein a subordinate court within its jurisdiction involves a question

relating to a State law and it is essential to settle that question in order to decide

the case, the High Court may procure the case and dispose the case wholly or

decide only such question and remand the case to the court of first instance.

(2) If it is satisfied with the reason that there exists a situation where

judicial impartiality can be questioned if a case filed in a District Court is tried by

that Court, the High Court may, for reasons and grounds to be recorded, order

such case to be transferred from such District Court to another District Court

under its jurisdiction and tried by the latter District Court, as provided for in the Federal Law.

District Courts: (1) There shall be a District Court in each District.

(2) The Local level judicial bodies established in accordance with the

State law shall be subordinate to the District Court. The District Court may inspect

as well as supervise and give necessary direction to its subordinate judicial bodies.

Jurisdiction of District Court: (1) Except as otherwise provided by the Federal

law, a District Court shall have the power to originally try and settle all cases

under its jurisdiction, to try petitions under law, including petitions of habeas

corpus and prohibition, hear appeals under law from decisions made by quasijudicial

bodies, hear appeals from decisions made by Local level judicial bodies

formed under the State law, institute contempt proceedings and punish for

contempt under the Federal law if anyone makes obstruction in the dispensation of

justice by, or disregards any order or judgment by, it or any of its subordinate

courts.

(2) Other provisions relating to the jurisdiction and procedures of the

District Courts shall be as provided for in the Federal law.

152. Specialized courts: (1) Other specialized courts, judicial bodies or tribunals may

be formed to try and settle specific types and nature of cases other than those

mentioned in Article 127, as provided for in the Federal law.

Provided that no specialized court, judicial body or tribunal shall be formed

for any specific case.

(2) No criminal offence involving imprisonment for a term of more than

one year shall fall under the jurisdiction of a body other than a court, specialized

court, military court or judicial body.

The interim constitution of Nepal, 2063 has provision that the powers relating to justice, in Nepal, are exercised by courts and other judicial bodies. According to constitutional provision. Nepal has three tiered court system. A. Supreme Court. B. Court of Appeal. C. District Court. These courts can be called regular courts.

The Supreme Court is the apex court and is composed of the Chief Justice of Nepal, fourteen justices and adhoc judges. The Chief Justice is appointed by the President on the recommendation of the constitutional council. The supreme court has judicial powers as follows:

1.      Extraordinary Jurisdiction:

i.                    Power of Hearing Writ Petitions

The supreme Court is the guardian of the constitution. It is responsible for the protection of human right of the people. Legal and judicial remedies against the violation of the fundamental rights are provided under the original writ jurisdiction of the Supreme Court. The writ jurisdiction is commonly known as extraordinary jurisdiction of the court.

ii.                  Power of decide constitutionality of a Law: Constitution confers power upon the Supreme Court to declare void either ab initio (Fro the beginning) or from the date of its decision any statutory provision on the ground of inconsistency with the constitution or unreasonable restriction on the enjoyments of the fundamental rights of the citizen.

2.      Ordinary Jurisdiction:

i.                    Power of Hearing Appeal

Constitution has given the power to hear appeals (as specified by the law) against the final decisions of the court of Appeal.

ii.                  Power Review its Own Judgments

Judgments delivered by the Supreme Court may be reviewed no any of the following grounds.

▪     If any new evidence which could make substantial difference to the decision is found after the delivery of judgment.

▪     If the decision is found contrary to the precedent or legal principle established by the supreme court.

iii.                Power to Revise the Decisions of the Court of Appeal

Supreme Court has power to revise the final decision (Which are non-appealable) of the court of Appeal on the prescribed grounds.

Apart from these courts of regular jurisdiction, based on the constitutional provision, there are special courts and tribunals to hear special types of disputed. They are as follows:

1.      Special Court to hear corruption cases,

2.      Labour Court to hear labour disputes,

3.      Commercial benches to hear cases relating to commercial matter,

4.      Administrative Court to hear disputes concerning disciplinary actions against civil servant,

5.      Foreign employment tribunal to her cases relating to foreign employment.

Apart from those legally constituted special courts there is also provision of arbitral tribunal for the settlement commercial and contractual disputes and mediation system for civil (Including commercial and contractual) Case.