THE JUDICIARY BODY OF NEPAL

The judiciary is one of the most important organs of the government which gives equal justice to the people using the existing laws. The legislative formulates law, the executive executes the law whereas the judiciary interprets the law and punishes the law breakers. Judiciary is an authentic organ to interpret the constitution. Judiciary protects the fundamental rights of people and maintains the rule of law in the country. If there is competent legislative and executive in a country but the judiciary is not independent and impartial, the constitution cannot function. Democracy will be effective and successful where judiciary is powerful and impartial because judiciary is the protector of rights and interests of common citizens. In fact, judiciary is the soul of any political system in modern age. The concept of democratic state with rule of law will not be materialized without strong judicial system. The judiciary plays an important role to make Loktantra successful and prosperous. For this, the judiciary must be independent, impartial and competent.

There is the provision of judiciary in part 10 of the Interim Constitution of Nepal-2063. According to the article 100 of the constitution the judicial power of Nepal is exercised by the courts and judicial institutions. There are three types of court in Nepal. They are:
a. Supreme Court
b. Appellate Court
c. District Court

a. Supreme Court
Supreme Court is the highest court in the judicial system of Nepal. All the courts and judicial institutions except military court are under the Supreme Court. Supreme Court
is the court of Record in the sense that its decisions are recorded for perpetual memory and testimony. There are fifteen judges including Chief Justice in the Supreme Court. There is a provision of appointing other judges for temporary period if the number of cases is high.

Appointment: Chief Justice is appointed by the President on the recommendation of the Constitutional Council. Other judges of the Supreme Court are appointed by the Chief Justice on the recommendation of the Judicial Council.

Qualifications: The person who has worked as a judge in the Supreme Count at least three years is eligible for the appointment of the Chief Justice. The Chief Justice and other judges of the Supreme Court remain in their posts for six years from the date of their appointment and retire at the age of 65.

b. Appellate Court
There are 16 Appellate Courts in Nepal.

Appointment: The Chief judges and judge of the Appellate Court are appointed by the Chief Justice on the recommendation of the Judicial Council.

Qualification: The person having the following qualifications are eligible for the appointment of a judge in the Appellate Court:

1. Graduated in law and worked as the judge of District Court or worked at least for seven years as the first class gazette officer in judicial service or
2. Graduate in law and at least ten year experience as senior advocate.
3. At least ten years teaching experience in law, research or worked in any other field of judicial service.
4. Nepali citizens.

c. District Court
There are 75 district courts, one in each district in Nepal. The judges of District Court are also appointed by the Chief Justice on the recommendation of the Judicial Council. A Nepal citizen who is graduated in law and has worked at least for three years as a gazette second class officer in judicial service or graduated in law and worked as an advocate at least for eight years is eligible for the appointment of the judge of the District Court.

Functions of the Judiciary
The Judiciary is an independent organ. Democracy becomes stronger if there is an impartial judiciary in the country. Everyone must obey the orders issued by that each judiciary whether it is a common person, organization, or government. The chief functions of the judiciary are:
• To give equal justice to the people.
• To protect people’s fundamental rights.
• To punish the guilty and save the innocent.
• To issue orders to the legislative and executive bodies for any breach of law.
• To interpret the constitution if there is any controversy.
• To suggest to the head of state on legal and constitutional matters.