judiciary system part 2 is about how the Nepal system are function and there duty too.

1. JUDICIARY OF NEPAL
PART 2
Parista Desar

2. Introduction
 Judiciary is the organ of the state which
decides justice to the victim and punishment to
the culprit using the existing law of nation.
 It make the interpretation of laws in reference
to the constitution and protects the
fundamental and human rights of citizens.
 The concept of democratic state with rule of
law cannot be materialized in the absence of
judiciary.
 It protects the lives of people, their freedom
and provides them security.

3. Court in Nepal
No •Name of Court
1 •Supreme Court
7 •High Court
77 •District Court

4. Supreme
court

5. Introduction
 This is the highest level of court in the judicial
system of Nepal.
 The Supreme Court is also called the court of
record because the decisions given by the
decisions given by the Supreme Court are kept as
the perpetual testimony and memory for future.
 All the courts except those having separate
provision in the constitution are under the
supreme court.
 The final interpretation of constitution and other
laws is made by the supreme court.

6. No of justice in Supreme court
 The supreme court has chief justice and other
20 permanent judges.
1 20 21

7. Appointment
 The president shall appoint the Chief Justice,
on recommendation of the Constitutional
Council, and other judges of the Supreme
Court, on recommendation of the Judicial
Council.

8. Qualification of Justice of Supreme
Court
1) any citizen of Nepal who has obtained a bachelor’s
degree in law
2) Chief Judge/Judge at High Court for 5 year
3) Law practitioner having continued experience of law
for 15 years
4) one who has achieved specialized reputation in the
field of law
5) Gazetted officer of first class for at last 12 years in
judicial service
6) A higher post of the judicial service for at least twelve
years

9. Removal
 The office often Chief justice or a justice of the Supreme
Court shall be vacant in any of the following circumstances:
1) If she tenders resignation in writing before the President,
2) If she attains the age of 65 years
3) If a motion of impeachment is passed against her/him under
article 101
4) If the President removes from office the Chief justice, on
recommendation of the Constitution council, and the judicial
council, on the ground that he or she is unable to discharge
her/his duties because of physical or mental illness
5) If s/he is punished by a court for a criminal offence involving
moral turpitude
6) If s/he dies

10. Jurisdiction of supreme court
I. Power of Hearing Writ Petitions
II. Power to decide Constitutionality of the Law
III. Power of Hearing Appeal
IV. Power to Review its Own Judgments
V. Power to Revise the Decisions of the Court of
Appeal
VI. Power to Decide Constitutional Disputes
VII. Court of Record
VIII. To try Certain Cases
IX. Power of making rules
X. Power to Formulate Judicial Policies

11. Term
 The term of justice including the Chief justice
has 6 years.

12. Article related to supreme court
Article no
128 Supreme court
129 Appointment and Qualification of Justice
130 Conditions of service and benefits of Justice
131 Vacation of chief Justice and other Justice
132 Chief Justice and justice not be engaged in any other
assignment
133 Jurisdiction of the supreme court
134 Transfer of case
135 Not to be part of pleading of court case
136 Responsibility of the Chief Justice
137 Formation of the constitutional Bench
138 Annual report

13. High
court

14. Introduction
 The constitution of Nepal has made a
provision of High Court in each province.
 In the Court, there is a Chief Judge and other
judges who are appointed by the Chief Justice
on the recommendation of the judicial Council.
 Every High Court has judges in the number as
provided in the Federal law.

15. Appointment
 The Chief Justice appoint the judges on the
recommendation of the Judicial Council.

16. Qualifications
1) any citizen of Nepal who has obtained a
bachelor’s degree in law
2) Chief Judge/Judge at District Court for 5 year
3) Law practitioner having continued experience
of law for 10 years
4) one who has achieved specialized reputation
in the field of law
5) Gazetted officer of first class for at last 5
years in judicial service

17. Removal
I. If s/he submits written resignation to the Chief
Justice,
II. If s/he attains the age of 63 years,
III. If s/he is removed by the Judicial Council for
reasons of incompetence, misbehavior, ill-
intended activities and serious violation of the
code of conduct,
IV. If s/he is removed by the Judicial Council for
being unable to discharge the duties for her/his
office due to physical or mental illness,
V. If punished by the court on criminal charges
constituting moral degradation,
VI. If s/he dies.

18. Article related to high court
Article
139 High court
140 Appointment and qualifications
141 Conditions of service and benefits of chief judge and judge
142 Vacancy of chief judge and judge
143 Chief Judge and Judge not be engaged in any other assignment
and transfer related provision
144 Jurisdiction of the High Court
145 Transfer of case
146 Allowed to plead
147 Responsibility of the Chief Judge

19. District
court

20. Introduction
 There is a provision of district court in each
district.
 The judicial institutions at local level are under
the district court.
 It supervises and directs the judicial
instructions that are under it.
 The judge of District Court are appointed by
the recommendation of the Judicial Council

21. Appointment
 The chief justice on the recommendation of the
Judicial Council appoint the Judges of the
District court.

22. qualifications
 20% among the gazette 2nd class officer of
Judicial Serving have at least 3 years of
experience(seniority, qualification and work
perform )
 40%competitve exams among the 2nd class
officer of Judicial service having minimum of
3years of experience
 40%open competitive exam among the
advocates experience 8 years of law practice
experience Gazette class officer researcher

23. Vacancy
 If s/he submits written resignation to the Chief Justice
of Supreme Court,
 If s/he attains the age of 63 yrs,
 If s/he is removed by the Judicial Council for reasons
of incompetence, misbehavior, ill-intended work or
serious violation of the code of conduct,
 If removed by the Judicial Council for being unable to
discharge the duties of her/his office due to physical
or mental illness,
 If punished by the court on criminal charges
constituting moral degradation, or
 If s/he dies

24. Article related to District Court
Article
148 District Court
149 Appointment, qualifications and remuneration and other terms of
service of the Judges of District Court
150 Judges of the District Court not to be engaged in any other
assignment and provisions related to transfer
151 Jurisdiction of the District Court

25. Specialize
d court

26. Article No 152
 In addition to the court referred to in article 130
the law can establish and constitute other
specialized courts, judicial institutions or
tribunal, for the purpose of hearing case of
special type and nature.
 Case related to criminal offense leading to
prison sentence of more than a year shall not
fall under the jurisdiction of any other
institution other than a court or specialized
court or military court or judicial body.

27. Judicial
Council

28. Introduction
 The Judicial Council has been provisioned in
article 153 of the constitution of Nepal.
 As per the constitution, its main function is to
make recommendation or give advice on the
appointment of , transfer of disciplinary action
against and dismissal of judges and other
matter relating to the administration of justice.

29. Composition of Judicial Council
1. Chief Justice as chairperson
2. The federal minister of law and justice as
member
3. The senior judge of the supreme court as
member
4. One jurist nominated by the President on the
recommendation of the Prime minister as
member
5. A senior advocate appointed by the President
on the recommendation of Nepal Bar
Association as member

30. Judicial
Service
Commissio

31. Composition of Judicial Service
Commission
1. Chief Justice of the Supreme Court as
chairperson
2. Federal law justice minister as member
3. Senior most Judges of the Supreme Court as
member
4. Chairperson of the Public Service
Commission as member
5. The Attorney General as member