judiciary system part 1 is about how the Nepal system are function and there duty too.

1. JUDICIARY OF NEPAL
PARISTA DESAR

2. JUDICIARY
• The judiciary is the system of court that
interprets and applies the law in the name of the
state .
• This branch of the state is often tasked with
ensuring equal justice.
• It is the system of courts that interprets and
applies the law in the name of the state .
• The mechanism for the resolution of disputes

3. INDEPENDENCE
OF JUDICIARY
 In every modern state ,there has been a constant
struggle to achieve the independence of the
judiciary .
 It id because of the feeling that the protection of
the right of the individual citizens require a
government based on law applied by judge who are
independent in every way.
 It is implies judicial freedom which maintains and
continues supremacy of law and rule of law

4. INDEPENDENCE
OF JUDICIARY
• Judiciary subas chandra gupta defining “the
term independence is an abstract term which
cannot be defined in exact form .however
,independence means not to depend upon other
branches of government to carry it by
constitution .Thus, the judicial immunity from
executive influences which have potential of
vitiating the even handed administration of
justice ”

5. INDEPENDENCE OF JUDICIARY
• Independence of judiciary can be divided into 3 part .They are
1.structural independence
2. functional independence
3.circurmustantial independence

6. JUDICIAL ACCOUNTABILITY
• No, person however high is above the law.
• No institution is exempt from accountability, including the judiciary.
• Accountability of the judiciary in respect of its judicial function and orders is
vouchsafed by provisions of appeal, reversion and review of orders.

7. JUDICIAL ACCOUNTABILITY
• Our constitution provides for removal of a judge of the supreme court for proved
misbehavior or proved incapacity, what is popularly called the process of
impeachment, where under two thirds of the members of each house of parliament
can vote for the removal of the judge.
• It is generally accepted that the preset impeachment process is cumbersome, time
consuming and tend to get politicized

8. POWER OF HEARING WRIT PETITIONS
• The Supreme Court is the guardian of the Constitution.
• Basically, it is responsible for the protection of human right of people.
• legal and judicial remedies against the violation of the fundament al right
are provided under the original writ jurisdiction of the Supreme Court .

9. • The writ jurisdiction is commonly known as extraordinary jurisdiction of the
court.
• Article 133(3) of the Constitution has powered the Supreme Court to issue
writ (applicable to the respective issues) such as the writs of Habeas Corpus,
Mandamus, Certiorari, Quo warranto and Prohibition.
• The writs are issued particularly in the following conditions:

10. CERTIORARI
• The term “certiorari” is derived from Latin word “certiorare” which means to
“to inform”.
• A writ of certiorari is issued by a Supreme court to an inferior court to an
inferior court or body exercising judicial or quasi-judicial function to remove
a suit from such inferior court or body and adjudicate upon the validity of
the proceeding or body exercising judicial or quasi-judicial function under
following grounds:

11. CERTIORARI
a) Lack of jurisdiction
b) Excess of jurisdiction
c) Abuse of jurisdiction
d) Violation of Principles of Natural justice.
e) Error of law apparent on the face of the record
f) Procured by fund collusion or perjury.

12. MANDAMUS
• The word “mandamus” means the “order”.
• The writ of mandamus is thus an order by a superior court commanding a
person or a pubic authority to do or forbear to do something in the nature
of pubic duty or in certain case of statutory duty.
• Remedy of mandamus :
a) Constitutional or fundamental right
b) Legal right
c) Public Interest Right

13. MANADAMUS
• Condition to issue of mandamus
a. Legal right of substantial interest
b. Legal duty of opposition
c. Having no alternative remedy
d. Demand and refusal
e. Possibility of effective enforcement

14. HABEAS CORPUS
• “Habeas Corpus ” is a Latin term which mean “you may have the body ”.
• The writ is issued in a form of an order calling upon a person by whom
another person is detained to bring that person before the court and let the
court know by what authority he has detained that person.
• If it seems that detained person has been detained illegally the court will
order that to be released.

15. PROHIBITION
• Prohibition prohibits an unlawful act which a public authority is proposing to
perform.
• It is issued under following grounds:
i. Excess if jurisdiction
ii. Abuse of jurisdiction
iii. Departure from the rule of natural justice

16. QUO WARRANTO
• The word “Quo warranto ” means “what is your authority”.
• By this a writ holder of an office is called upon to show to court under what
authority he hold the office.
• The object of the writ of quo warranto is prevent a person to hold an office
which he is not legally entitled to hold.

17. QUO WARRANTO
• If any illegal restriction is made against the fundament right of the people,
• If any legal remedy is not available under any law or the remedy available
under the law is inadequate or ineffective, and
• If any issue relating to public right or interest requires constitution or legal
resolution.

18. POWER TO DECIDE CONSTITUTIONALITY
OF THE LAW
• Article 133(1) of the constitution confers power upon the Supreme Court to
declare void either ab-initio or from the date of its decision any statutory
provision on the ground of inconsistency with the constitution or
unreasonable restriction on the enjoyment of the fundamental right of the
citizen.

19. POWER OF HEARING APPEAL
• Article 133 (4,5) of the Constitution has given the power to hear appeals (as
specified by the law) against the final decisions of the court of appeal.
• According to section 9 of the administration of justice act, 2048 the
following case fall under the appellate jurisdiction of the supreme court.

20. POWER OF HEARING APPEAL
• Case decide by the Court of Appeal under their
original jurisdiction,
• If the Court of Appeal overrules the decision of the
District Court with a substantially different effect,
• Cases in which more than 10 years of imprisonment
was imposed by a subordinate court and,
• Case referred to the Supreme Court by the Court of
Appeal( i.e. in case of sentencing for life
imprisonment or life imprisonment with confiscation
of properties).

21. POWER TO REVIEW ITS OWN
JUDGMENTS
• Article 133(4) of the Constitution has given the review its
own judgment as specified by the law.
• According to section 11 of the Administration of Justice
Act, 2048 judgment delivered by the Supreme Court may
be reviewed on any of the following grounds.
i. If any new evidence which could make substantial
difference to the decision is found after the delivery of
judgment.
ii. If the decision is found country to the precedent or
legal principle established by the Supreme Court

22. POWER TO REVISE THE DECISION OF
THE COURT OF APPEAL
• Under Section 12 of the Administration of Justice Act,1991 the Supreme
Court has power to revise the final decisions of the Court of Appeal on the
following grounds.
 In case there is a serious error in the interpretation of any provision of the
Constitution or any other law,
 In case the decision is made in contrary to the precedents or it has been
misinterpreted,

23. POWER TO REVISE THE DECISION OF
THE COURT OF APPEAL
 If public (right of) property was affected due to misinterpretation of
evidence(in the process of formulating decision) and,
 If substantive difference in the judgment is deemed to have occurred due to
the absence of proper legal representation, in a case where a party is a
minor or old or disable or mentally incapacitated person.

24. POWER TO DECIDE CONSTITUTIONAL
DISPUTES
• Constitution bench under Supreme Court is composed of Chief
judge and 4 other judges.
• Article 137 (2) of the constitution confers power under
Supreme Court to originally try and cases relating to
a. Disputes relating to jurisdiction between the Federation and
a State, between States, between a state and a local level
and between Local levels,
b. Disputes relating to election to members of the Federal
parliament or state assembly and matter relating to
disqualification of a member of the Federal Parliament or
the State Assembly.

25. COURT OF RECORD
• Article 128(2) make the Supreme Court a “court of record”.
• A court of record is a court whose record is a court whose records are
admitted to be of evidentiary value and they are not to be questioned when
they are produced before the court.

26. TO TRY CERTAIN CASES
• In accordance with Article 128 (4) of the Constitution section 7 of the
Supreme Court Act, 2048the Supreme Court could try certain cases.
• Exceptionally this power is limited to hear the case relating to contempt of
the Supreme Court and its supreme court and its subordinate courts.
• Section 7 (1) of the Supreme Court Act 2048 has provided that the authority
to penalize wrongdoers with an amount of up to NRs 10,000 or
imprisonment of maximum period of one year or both if the court find an
accused is in contempt.

27. POWER OF MAKING RULE
• The Supreme Court has power to make rules on the procedural, managerial
and administrative function of the Supreme Court, the Court of Appeal and
the District Court.
• Section 11 of the Supreme Court Act, 2048 B.S has authorized the Supreme
court to make rule relating to the Supreme Court, while section 31 of the
Administration of Justice Act has empowered it to make rule relating to the
court of Appeal and the District Courts.

28. POWER OF MAKING RULE
• Under the said statutory authority the Supreme Court has issued the
Supreme Court rule and Court of Appeal Rule in 2048 and the District Court
Rules in 2052.
• Rulemaking power is exercised by the Full court of the Supreme Court.

29. POWER TO FORMULATE JUDICIAL
POLICIES
• Full Court is the principal policy making body of the Nepalese judiciary
which consist of all the justices of the Supreme Court.
• On many occasions the Supreme Court has formulated policies and
developed plans and programmers towards judicial reforms and court
management system.
• Besides, the Chief justice and the Registrar have also key role in formulating
judicial policies.

30. CONTEMPT OF COURT
• If an act or behavior of an individual of party hinders or disturbs the court or
judicial bodies in the court or judicial bodies in the process of administration
of justice that is contempt of court.
• Cases relating to contempt of court are take in special way.
• Court has right to hear and decide cases relating to contempt of court.
• Court can use its discretionary power while deciding such cases.
• As court is a common, respected and trusted agency its prestige is attached
to prestige of all people.

31. CONTEMPT OF COURT
• In a broad sense contempt of court includes following things.
1. Creating obstacles to judges and official in working freely.
2. Disobeying the order of court.
3. Making vulgar words to lawyer, witness, plaintiff or defendant.
4. Disobeying rule and regulation of court not answering the question
asked by judges or court.
5. Publishing new and article to mislead people about court, judges,
lawyers and judicial system. Discussing, supporting or criticizing any
matter which is sub justice in court.
6. Not allowing the witness to tell truth.
7. To enter forcefully inside the court, threatening, corrupting and trying to
misleading judges, lawyer, official and witness.

32. •To be continue
in part 2 of
judiciary of
Nepal