1. The judiciary is an independent branch of government that interprets laws, operates courts, and acts as guardian of the constitution. 2. Nepal has a three-tiered court system with the Supreme Court at the top, followed by high courts in each province and district courts in each district. 3. The judiciary's roles include interpreting laws, protecting citizens' rights, and advising the other branches when requested on legal matters.

1. The Judiciary
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2.  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.
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3.  The judiciary is another organ of the government.
If the legislature makes and passes laws, the
executive implements them and the judiciary
interprets the laws and gives proper judgment. In
other words, the judiciary makes sure that the
laws made by the legislature are being properly
implemented by the executive. The judiciary
recommends punishment to the law breakers and
safeguards the laws.
 The judiciary is of great importance. Actually no
democracy is successful if judiciary is not
independent and impartial as well as active. It is
the custodian of the citizen’s welfare, security
and independence. In fact the judiciary is the life
blood of democratic system of the modern age. It
also works to promote the rule of law.
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4.  Part 11 of the Constitution of Nepal says that
right (powers) related to justice in Nepal shall be
exercised by courts and other judicial institutions
in accordance with this constitution and other
laws and recognized principles of justice.
According to the constitution, there are three
levels of courts in Nepal;
 1. Supreme Court (One at the federal/national
capital)
 2. High courts (one in each of the 7 provinces)
 3. District Courts (one in each of the 77 districts)
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5. 2076/04/06Class 10 8th Period 5

6.  The supreme court is the apex court of the
judicial system of Nepal. All the courts and
judicial bodies are under the Supreme Court
except the ones specified not so by the
constitution. The Supreme Court can observe,
supervise an give necessary directives to its
subordinate courts, specialized courts and other
judicial bodies. The apex court is also the Court
of Records as it keeps records of its proceeding
and decisions for testimony and reference. It can
initiate proceeding and impose punishment for
contempt or obstruction of itself and of its
subordinate courts or other judicial institutions.
The Supreme Court has the supreme authority of
interpreting the constitution and other laws.
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7.  The Supreme Court has a Chief Justice and up
to a maximum of twenty other Justices. The
Chief Justice is appointed by the President on
the recommendation of the constitutional
Council. Other Justices of the highest court
are also appointed by the President but on
the recommendation of the Judicial Council.
The tenure of the Chief Justice is 6 years from
the date of appointment.
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8. 2076/04/06Class 10 8th Period 8

9.  A Nepali citizen eligible for appointment as the
Chief Justice must have worked as a Justice of the
Supreme Court for at least 3 years.
 Similarly a Nepali citizen eligible for appointment
as a Justice (Judge) of the Supreme Court:
1. Must have worked as a Chef Judge or a Judge of
a High Court for at least 5 years.
2. Or, must have passed a Bachelor’s Degree in
law and worked continuously for at least 15
years in the field of justice and law.
3. Or, must have worked for at least 12 years as
the first classes gazetted officer or in higher
post of the judicial service.
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10.  The post of the Chief Justice or a Justice is vacant
when:
a. he/she submits the resignation in writing to the
President.
b. He/she has completed 65 years of age.
c. An impeachment motion is passed by the two-third
majority of the lower house of the legislature
against his/her serious misconduct and inefficiency.
d. the President sacks him/her on the
recommendation of the recommending organ
(Constitutional Council/ Judicial Council) for his/her
inability to discharge the duty due to physical or
mental illness.
e. He/she is punished by the court of law over a
criminal case that shows his/her moral degradion.
f. He/she dies.
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11. 2076/04/06Class 10 8th Period 11

12.  According to the new constitution of Nepal, there
is a High Court in each of the 7 provinces of the
country. The high court can initiate proceeding
and impose punishment for the contempt or
obstruction of itself and of its subordinate
courts. A high court has judges as specified in
number by the federal laws in addition to a Chief
judge. They are appointed by the Chief Justice on
the recommendation of the Judicial Council. A
High court has some powers and functions that
include settling cases and hearing appeals and
protecting the fundamental rights of the people
according to the federal laws of the country.
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13.  A Nepali Citizen who is a graduate in law and has
worked as a judge of a District Court for at least
5 years in eligible for the appointment to the
post of Chief Judge or a judge of a High Court.
Similarly, a Nepali citizen with a Bachelor’s
degree in law who has worked continuously for at
least 10 years as a senior advocate or advocate
or who has got continuous 10-year experience in
teaching law, research work in any other field of
judicial service is also eligible for these two types
of pots in a High Court. The senior most- judge
of a High Court works as the acting Chief Judge
before the appointment of the Chief Judge or
during the latter’s absence.
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14.  The post of a Chief Judge or a Judge of High
Court is vacant in the same conditions as that
of the Chief Justice or Justice of the Supreme
Court but with some exceptions.
Categorically, a Chief Judge or a Judge of a
High Court can remain in the post only until
she/he is 63 years and she/he can be
removed by the Chief Justice not by the
President on the recommendation of the
Judicial Council for his serious misconduct,
inefficiency and physical or mental illness.
The resignation is also tendered to the Chief
Justice no to the president.
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15.  The District Courts are the lowest tire courts.
All local level Judicial institutions established
according to the provincial law remain under
them. There is provision of a Chef Judge and
one or more Judges on the basis of its cases
in each District Court. The District Court may
inspect, supervise and issue necessary
instruction to its subordinate judicial
institutions.
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16.  The Chief Judge and other judges of the District
Courts are appointed by the Chief Justice on the
recommendation of the Judicial Council. They retire
when they attain the age of 63 years, other things
remaining the same.
 Criteria and Qualification
a. 20% of the vacant posts to be fulfilled on the basis
of the evaluation of seniority, qualification and work
efficiency among those who hold Bachelor’s Degree
in law and have worked for at least 3 years as the
second class gazetted officers of the judicial
service.
b. 40% of the vacant posts to be fulfilled through open
competitions among those who hold Bachelor’s
Degree in law and have worked for at least 3 years
as the second class gazetted officers of the judicial
service.
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17. c. 40% of the vacant posts to be fulfilled
through open competitions among those
Nepali citizens who hold Bachelor’s degree in
law and have worked continuously as lawyers
or gazeted officers in the judicial service for
at least 8 years or who have got a continuous
10 years teaching experience in law, research
work in any other field of judicial service.
The post of a judge of a District Court turns
vacant exactly in the same conditions as that
in a high court described earlier.
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18. 1. Judicial Function: The chief function of the judiciary
is to give the people justice in accordance with the
prevailing laws. It protects the innocent and
punishes the convict. Both civil and Criminal cases
come under the jurisdiction of the Supreme Court.
2. Interpretation of Laws and law making: Another
important function of the judiciary is to interpret
the existing law. The judiciary explains the meaning
and the spirits of law while giving judgment on a
case. The supreme court is the final interpreter of
the constitution, the supreme law of the state. Such
explanation and interpretation is used as a law and
becomes a precedent for the similar kind of cases.
In this sense, the judiciary is called the custodian
(guardian) of the constitution.
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19. 3. Protection of the People’s rights and freedom:
The constitution of a country guarantees the
citizens’ fundamental rights and freedom. If
these rights and freedom of a citizen are
encroached on by anyone the victim can go to
the court, and it is the duty of the concerned
court to restore the right. So the judiciary on the
whole is called the protector of the people’s
rights.
4. Advisory Functions: The judiciary provides
advice when the legislature and the executive ask
for suggestion on complicated legal and
constitutional matters. Such a system is in
common practice in Nepal, India, Canada,
Sweden, Australia, etc
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20.  Now let’s see exclusively the compositions of
the Constitutional Council and the Judicial
Council that are formed as per the
constitutional provisions for the purposes of
making recommendations to the posts of
Chief Justice, judges as well as heads and
members of the constitutional organs such as
the Election Commission and the Public
Service Commission.
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21.  Although the legislature, executive and judiciary function
independently, they exist in a reciprocal relation by maintaining
check and balance between/among each other. They assist as
well as interfere in each other’s work so as to become
responsible on duty.
 The legislature forms the executive, can dissolve it, warns and
raises questions against its bad deeds, and passes the annual
budget. The executive also checks the legislature by
summoning and proroguing the session and declaring the
ordinances.
 The legislature checks the judiciary by approving the
appointment of the judges or removing them for their poor role
and responsibility. Just similarly, the judiciary also may ask for
clarification to the legislature for formulation the contradictory
laws. The judiciary even prepares and passes the precedent
(as law) for new cases.
 The executive can pardon the punishment declared by the
judiciary. The judiciary also warrants stay order in the name of
executive for the decision that is against law.
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22. Constitutional Council Judicial Council
1.Prime Minister (Chairperson) 1. Chief Justice (Chairperson)
2. Chief Justice (Member) 2. Federal Minister of Law and
Justice (Member)
3. Speaker of the House of
Representative (Member)
3. Senior-most Justice of the
Supreme Court (Member)
4. Chairman of the National
Assembly (Member)
5. A law expert appointed by the
president on the recommendation
of the Prime Minister (Member)
5. Leader of Opposition Party in
the House of Representative
(Member)
5. A senior advocate or an
advocate with at least 20 year work
experience appointed by the
president on the recommendation
of the Nepal Bar Association
(Member)
6. Deputy Speaker of the House of
Representatives (Member)
Total 6 Total 5
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23. The End
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