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Nepal

 
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Nepal

The Judiciary

An independent judiciary, unencumbered by the executive branch of the government and palace interference, was a stated goal of all political parties. Of the many changes which have taken place since the fall of the Ranas in 1951, among the most striking have been the growing autonomy of the courts and the gradual liberalization of many basic judicial principles. Despite major improvements, however, the judicial system has suffered from serious impediments in providing speedy, expeditious, and equal justice. The independence and integrity of the judiciary were repeatedly questioned in the press; intervention of political figures and government officials in the judicial process was a frequent occurrence; and caste and economic status were important determinants of the availability of justice.

The court system formerly was one of many instruments used by the prime minister to maintain the authoritarian rule of the Rana family, and the concepts of law it applied were arbitrary, punitive, and oppressive. After an initial attempt to keep the judiciary subordinate when the monarchy was restored, it was allowed to become a relatively independent branch of government. Reforms in the legal system rendered both substantive and procedural law progressively more systematic.

Never clearly demarcated, the jurisdiction of the courts became further complicated with the introduction of the panchayat system, which at the local level exercised some quasijudicial functions. Therefore, the fundamental role of the judiciary and its position within the government became a subject of national focus during the prodemocracy movement.

According to the constitution, the courts comprise three tiers: the Supreme Court, appellate courts, and district courts. In addition, courts or tribunals may be constituted for the purpose of hearing special types of cases (see The Police System , ch. 5).

The Supreme Court is the highest court. All other courts and institutions exercising judicial powers, except the military courts, are under its jurisdiction. The Supreme Court has the authority to inspect, supervise, and give directives to all subordinate courts and all other institutions that exercise judicial powers. The Supreme Court has both original and appellate jurisdiction and consists of a chief justice and fourteen other judges.

The chief justice is appointed on the recommendation of the Constitutional Council. Other judges of the Supreme Court, appellate courts, and district courts are appointed on the recommendation of the Judicial Council. All appointments are made by the king. The tenure of office of the chief justice is limited to seven years from the date of appointment. Supreme Court justices can be impeached in the House of Representatives for reasons of incapacity, misbehavior, or malafide acts while in office. The Judicial Council, presided over by the chief justice of the Supreme Court, makes recommendations and advises on appointments, transfers, and disciplinary actions of the judges and other matters relating to judicial administration.

All appointments, promotions, transfers, and disciplinary actions of the judges of the appellate and district courts are under the jurisdiction of the Judicial Council. An independent Judicial Service Commission, appointed by the king, and with the chief justice of the Supreme Court serving as ex-officio chairman, appoints, transfers, promotes, and provides departmental punishment of the gazetted officers of the civil service.

An Abuse of Authority Investigating Commission is empowered to investigate the misuse of authority or corruption by public officials. Members of the commission have no specific party affiliation and are appointed by the king on the recommendation of the Constitutional Council.

The Supreme Court is the supreme judicial authority of the nation. All orders and decisions made by the court are binding. Any interpretation of a law or any legal principle laid down by the court is binding on all, including the king.

As a guarantor of personal liberty and fundamental rights conferred by the constitution, the Supreme Court has the authority to declare a law as void ab initio if it finds that the impugned law contravenes the provisions of the constitution. The Supreme Court also has the power to issue appropriate orders and writs, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto.

Data as of September 1991

Nepal - TABLE OF CONTENTS

  • NEPAL: Government and Politic


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