The Judiciary of Nepal

Subject: Social Studies and Population Education

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Overview

Judiciary is the independent organ of the government whose function is to provide justice to the innocent, punishment to the culprit and safeguard the rights and duties of the citizen. This note provides us the information about judiciary and its functions.
The Judiciary of Nepal

Judiciary is the independent organ of the government whose function is to provide justice for the innocent, punishment for the culprit and safeguard the rights and duties of the citizen.

The Judiciary of Nepal has been composed of the following tiers:

  • District court: There are 75 district courts in our country, each in a district. It consists of one chief judge and a judge who are appointed by the Chief Justice of Supreme Court under the recommendation of Judicial Council.
  • Appellate Court: There are 16 Appellate Courts in our country. It consists of a chief judge and other judges. If people are not satisfied with the judgment given by district court, they can file the case in this court.
  • Supreme Court: The Supreme Court is the final tier and the decision given by the Supreme Court are final and is applicable to all. It consists of a chief justice appointed by President on the recommendation of Constitutional Council and 14 permanent judges along with more judges as per requirement. The tenure of the Chief Justice is 6 years and the maximum age is 65 years.Supreme Court is the court of records. It has the power to interpret the constitution and it is also responsible for safeguarding the rights of the people.

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Functions of Judiciary

i. Advisory functions:

Judiciary gives advice to the other organs and constitutional organs when required. Suggestion on national issues is the work of judiciary and also finds remedies for complicated legal matters.

ii. Judicial functions:

The main function of judiciary is to punish the culprit and give a proper verdict in support of innocent on the basis of the existing law. It decides the punishment for criminals and gives a decision regarding national issues.

iii. Interpretation of law and the constitution:

Another main function of the Judiciary is to explain the laws made by the legislature and implemented by the executive. It supervises the laws and clarifies the meaning of the laws and their provisions.

iv. Protector of people's rights and freedom:

The rights granted by the state are protected by the constitution as judiciary gives clear decisions about the rights and duties of an individual. It gives justice or verdict if any rights are violated.

Things to remember
  • Judiciary is an independent, highly honorable and impartial organ of government which applies and explains the laws formulated by legislature and enforced by the executive.
  • Types of Judiciary are: District Court, Appellate Court and Supreme court.
  • Functions of the Supreme Court is to protect people's rights and freedoms, to ask the courts subordinate to revise their own decision, interpreate the constitution etc...
  • It includes every relationship which established among the people.
  • There can be more than one community in a society. Community smaller than society.
  • It is a network of social relationships which cannot see or touched.
  • common interests and common objectives are not necessary for society.
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Questions and Answers

Judiciary is called the Guardian of the Constitution because it protects preserves and promotes the constitution through interpretations, remedies and punishment.

Judiciary maintains law and order in the country. It interprets the law enforced by executive and made by the legislature. It investigates, identifies and punishes wrongdoers. It establishes precedence which later on becomes law. It solves the various legal obstacles. Judiciary provides legal advice to the government and its employees. Moreover, it safeguards the fundamental rights as provides by the constitution. Indeed, judiciary plays an important role to maintain the rule of law in the state.

People are considered as the supreme power in the democratic country. Sovereignty is manifested in the people. Therefore, people are state power. In this context, judiciary should have the following rights.

  1. Rights to interpret the existing laws.
  2. Right to frame laws and by-laws.
  3. Right to punish any type of criminal.
  4. Right to preserve the human right at any cost.

Judiciary does the following works:

  1. Judicial work: the main function of judiciary is to provide equal justice to the citizen. It saves the innocent and punishes the law breakers. It gives a verdict on both civil and criminal cases.
  2. Interpretation of law and law-making: Another important function of the judiciary is to interpret the laws practiced in the country. When the court gives the decision of any case, it explains the meaning of the spirit of the law.
  3. Protection of people rights and freedom: The constitution provides rights to the citizens their right. Judiciary is the only organ to protect people's fundamental rights and freedom.
  4. Advisory works: It provides suggestions and advises the legislature and the executive in critical legal matters. Generally, head of the state and the government takes advice from the judiciary regarding constitutional and legal problem. This system is practiced by the countries like India, Australia, and Sweden and so on.
Law, justice, and order are the components of the truth associated with judiciary body. These things are reflected by the judges at different tiers of the judiciary body of Nepal. In regard to the judge cases of various imparted by the judges. It is considered that the judges should be true, competent and impartial if they ignore these ideologies in the temptations of money; it corrupts and pollutes the glory of the court. The judges should always have their religion of truth, fairness, and impartiality. This strengthens the country, the legal system and the high attitude of people towards the judiciary body.

Supreme court is the only central level of court in Nepal. Under it there are 16 Appellate and 75 district courts all over Nepal. It is called the court of records as well. The powers and functions are: it exercises original, appellate, extraordinary powers, advisory power, legislative power etc.

Within these power, this court co-operate the executive body or with the serious issues concerned with the country, legal treatment of the people discussed in another level of court.

The Supreme Court is called the court of record because it keeps the record of all its decisions for perpetual use and testimony.

We have three types of court in our country. They are: District court, Appellate court, and the Supreme Court.

The other types of the court are: Military court to deal with the affairs of armies and their activities and other is the special court which is to deal with the corruption case.

There are 16 Appellate Courts are in Nepal.

Judiciary is one of the important organs of the government which has got the role to apply the laws made by the judiciary and enforced by the executive.

Normally, the Supreme Court consist one chief judge and other 14 judges.

The ideal values of the judiciary are to be impartial, independent and competent.

A person to be judge of a supreme court must have reached 45 years old, he/she should have worked as a judge of the Appellate court or contributed to the legal service of about 20 years or he/she must have either worked as senior law advocate for 15 years.
It is called the guardian of the constitution because it protects the constitution by defining or interpreting at certain issues.
The chief justice of the Supreme Court is appointed by the prime minister on the recommendation of the constitutional council for the tenure of 6 years.
The rights of Supreme Court are of two types: simple and special.
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