The Nepali Judiciary - Supreme Court Of Nepal

Chapter Three
Review of First Plan
3.1 Background
The first Plan of the judiciary had identified four core functions of the judiciary and
separate target had been identified for each function. In order to evaluate the results with
the determined standard and time frame, result indicators had also been prescribed.
3.2 Core Functions
The provision of advisory function on constitutional and legal issues had been
discontinued by the Interim Constitution, 2063, wherein this core function was deemed
irrelevant and as such the advisory function of the judiciary was removed upon mid-term
review. The achievements of the task that were given continuity till the end of the Plan
period are given herein below:
3.2.1 Adjudication Function
3.2.1.1 Examination of constitutionality of law
Writ petition registered pursuant to Article 88 (1) of the Constitution of the Kingdom of
Nepal, 1990, and Article 107 (1) of the Interim Constitution, were determined to be
disposed within one year from the date of registration of such petitions. Disposal record of
writ petition is provided in the table herein below.
5
Pursuant to the target this number should have been nil.
15
TABLE: 1
Particulars Regarding Examination of Constitutionality of Law
S.
No.
Description 2061/062 2062/063 2063/064 2064/065 Average of 4 Years.
1 Pending balance 28 54 74 65 55
2 New registration 54 82 48 40 56
3 Total 82 136 122 105 111
4 Disposal 28 62 57 36 46
5 Current balance 54 74 65 69 -
6 From among the pending balance
petition exceeding one year
- 20 22 34 5
The number of disposal for all the years should have been equal to the new registration of that
year, but in the third year the ratio of disposal has been more than the new registration. Pursuant
to the target of the Plan, the number of petitions exceeding one year should have been zero. In
comparison to other kinds of writ and cases submitted before the Supreme Court, although special
importance and priority had been given to such disputes and where the target was to dispose the
case within one year, the disposal of cases having similar nature have been slow and irregular.