Legal Development in Nepal

The Truth is Judiciary not Independent

The Judiciary of Nepal is not independent, is not effective and is not functioning properly. This is the truth with which all common Nepalese People were aware from long time. Now, it seems that even our judiciary has realised this fact, though bit late.
Kantipur reports here about this news. We just to hope to see effective judiciary in this country to make Democracy and Justice viable in Nepal.

The Supreme Court, while identifying its problems, has said the judiciary has not been independent, competent and effective at par with international standard.
The judiciary has not been as independent, competent and effective as it should be as per the principle of separation of power and universally accepted values,” the Supreme Court stated in its annual report made public on Sunday.
It further said the judiciary has been facing serious challenges in establishing a justice system as envisioned in the constitution.
The court, however, has not stated the reasons that have made the judiciary such a weak institution. But, it may be recalled that the judiciary has long been complaining against constitutional provisions requiring judges to face parliament before appointment and requiring the judiciary to present its report to the Prime Minister, who is head of the executive. Judges have maintained that the provisions have undermined the very principle of judicial independence.

Besides, the apex court has also complained that the judiciary has not featured in the national plan of the country with priority.

According to the report, there are 52,098 backlogs in all courts across the country. In the Supreme Court alone, there are 13,476 pending cases whereas the figure at the district courts is 30,819. Similarly, the backlogs at the appellate courts is 7,803.

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