Judiciary all notes and exercise

Judiciary

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. There are 3 types of court in Nepal namely District Court, Appellate Court and Supreme Court. Judiciary is the guardian of the constitution because it protects and promotes the constitution through different remedies as well as punishments.

 

Types of Judiciary

a. District Court

There are 75 district courts in Nepal (one in each district) and it consists of a chief judge and a judge. It is the smallest court where the personal case of the people is registered. The chief judge and judge are appointed by the chief justice on the recommendation of the Judicial Council. The following are the qualifications required to be a judge of a district court:

i. A Nepali citizen having passed Bachelor's Degree from a recognized university in law.

ii. He/ She must have worked as a second class officer in the judicial field.

iii. He/ She must have practiced law for 8 years as an advocate.

 

b. Appellate Court

There are 16 Appellate courts in Nepal in different places like Illam, Biratnagar, Dhankuta, Patan, Hetauda, etc. and consists of 1 chief judge and 6 or more judges as per requirement. The people who are dissatisfied by the decision of District Court can file the same case. The chief judge and judge are appointed by the chief justice of the Supreme Court under the recommendation of Judicial Council. The following criteria should be fulfilled to be appointed as a chief judge or other judges:

i. A Nepali citizen with sound mentality.

ii. Graduate degree in law from a recognized university and experience of working as a judge of District Court for 7 years or first class officer in the judicial field for 7 years.

iii. A law graduate with 10 years of experience as a senior advocate.

iv. Teaching or research experience at least for 10 years in the legal and judicial service.

 

c. Supreme Court

It is the highest and independent court of Nepal. People file their case here if they are not satisfied by the decision of both District and Appellate Court. The cases of national issues are directly filed here and the decision of this court is final and should be followed by all. The only Supreme Court of Nepal is located in Kathmandu and consists of a Chief Justice and 14 permanent judges.

According to the Interim Constitution 2063, the chief judge is appointed by the President under the recommendation of Constitutional Council. The tenure of the Chief Justice is 6 years and the retirement age is 65 years. The other judges of the Supreme Court are appointed by chief justice under the recommendation of Judicial Council. It is called the court of records as it keeps records of all the courts.

The qualifications for the chief justice and the judges are:

 

Chief Justice:

A Nepali citizen who has worked as a judge of the Supreme Court for at least 3 years.

Judges:

i. A Nepali citizen who has worked as a judge of the Appellate Court for 7 years.

ii. He/ She has worked as a first class officer in the judicial field for 15 years.

iii. Bachelor Degree from a recognized university in law, etc.

 

Functions of Judiciary

a. Advisory functions:

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

b. Judicial functions:

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

c. Interpretation of law and the constitution:

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

d. 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.

Exercise

           

1.  There may be men and women in your community happy from the decision of a court. How is the feeling of case applicant and opponent in such case? What is the difference between the feelings of the both?              

There was a case between two people in my locally regarding the water. Khadga Bahadur had to give water for two hours a week to Jaya Bahadur but he didn't. This compelled Jay Bahadur to appear at the district court. The court settled the case after one year. According to the decision, Jay Bahadur could use six hours a week. It made Jay Bahadur very happy. The decision did not annoy Khadga Bahadur either. The reason behind this was that he had to give the amount of water to Jay Bahadur Sooner or later.

 2. You might have heart that "Law is blind" or "No one can escape from long paws of law". Do you agree? Why? Why not? 

Yes, I do agree because it cares only for proofs which may be reproduced by police or lawyer rather than eyewitness or self-observed. It isn't always sure that police or lawyer or eye witnesses, whoever they are, speak the truth. In such a circumstance, an innocent person gets punishments, but a culprit escapes.
It is also true that the culprits try their best to escape punishment but they fail and fall in the claws of the law.

3.Judiciary has an important role in a democratic country. Why? Explain.        

Judiciary maintains law and order in the country. It interprets the law enforced by executive and made by legislature. It investigates, indentifies and punishes wrong doers. It establishes precedence which later on becomes law. It solves the various legal obstacles. Judiciary provides legal advices 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.

4. What rights should judiciary is proved with in democratic system for the preservation of freedom of the people? Write in points.

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.                                             

5. Explain various functions of judiciary.  

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 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 court gives decision on any case, it explains the meaning of spirit of 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 practices by the countries like India, Australia, and Sweden and so on.

• 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 , Supreme court.
    • Functions of Judiciary is divided into Advisory functions, Judicial functions, Interpretation of law and the constitution and Protector of peoples right and freedom.