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Provided that the Government of Nepal may, in consultation with the Judicial
Council, depute a Justice of the Supreme Court to work concerning judicial inquiry, or
to legal or judicial investigation or research for a specified period.
(2) No person who has once held the office of Chief Justice or a Justice of the
Supreme Court shall be eligible for appointment to any government office, except as
otherwise provided for in this Constitution.
133.
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 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 Provincial 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 Rural
Municipal Assembly declared void because it is inconsistent with a law made by the
Federal Parliament or the Provincial Assembly; the Supreme Court shall have an
extra-ordinary power to declare such law to be void either ab initio or from the date of
its decision in case the law in question 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 for 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 referred to in 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 absence of jurisdiction, the Supreme
Court shall not under this clause interfere with any internal proceedings of the Federal
Parliament or Provincial Assembly, and with any proceedings instituted by the Federal
Parliament or Provincial Assembly concerning violation of its privileges and penalties
imposed therefor.
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