The Nepali Judiciary - Supreme Court Of Nepal

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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.
3.2.1.2 Issue appropriate orders for the protection of fundamental and legal rights and public interest 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. Likewise, the target was to reduce 75% of the backlog at the rate of 15% every year. The status of disposal of disputes of this nature is given herein below:- S. No. TABLE: 2 Description of Petition submitted under Writ Jurisdiction Description 2061/ 062 6 Pursuant to the target of the Plan, this number should have been 12,000 7 Pursuant to the target of the Plan, this number should have been nil. 8 Pursuant to the target of the Plan, this number should have been + 15% 9 Pursuant to the target of the Plan, this number should have been - 15% 16 2062/ 063 2063/ 064 2064/ 065 Average of 4 years 1 Pending balance 2,999 2,522 2,609 2,700 2,708 2 New registration 1,538 1,773 1,291 1,141 1,436 3 Total 4,537 4,295 3,900 3,841 4,143 4 Disposal 2,015 1,686 1,200 1,124 1,506 5 Current balance 2,522 2,609 2,700 2,717 6 - 6 From among the balance petition exceeding one year - 1,513 1,609 1,841 7 - 7 Disposal high/low against new Number +477 -87 -91 -17 +71 registration Percentage +31% -5% -7% -1% 4.9% 8 8 Current balance high/low against Number -477 +87 +91 +17 -71 pending balance Percentage -16% +3% +3% +1% -2.69% 9 Pursuant to the target of the Plan the number of petitions exceeding one year should have been zero, whereas on the contrary, the target could not be reached wherein 1,841 petitions were deemed pending disposal rate for each year was set at 2.69% but the disposal rate had been minimized by 9.4% during the Plan period. 3.2.1.3 Original and Appellate Jurisdiction The Plan targeted to dispose cases by all courts and tribunals within the limitation prescribed by law and had also envisaged that no case would exceed more than two years and likewise, the Plan had also targeted to dispose 50% of the pending cases at the rate of 10% case per year. The status of disposal in this regard is as follows:
Page 1 and 2: Second Five-Year Strategic Plan of
Page 4 and 5: Supreme Court Full Court Under the
Page 6 and 7: Introduction The process of planned
Page 8 and 9: Drafting of Plan in itself is not a
Page 10 and 11: Executive Summary 1.1 Preliminary W
Page 12 and 13: During the Plan period, although sa
Page 14 and 15: thereof. In the process of managing
Page 16 and 17: provided to court users. Similarly,
Page 18 and 19: Table of Contents Page Decision of
Page 20: Chapter One Introduction 1
Page 23 and 24: listing achievements obtained from
Page 25 and 26: During the discussions organized be
Page 27 and 28: Plan and accordingly shall maintain
Page 30 and 31: Chapter Two Vision, Mission and Val
Page 32: Chapter Three Review of the First P
Page 37 and 38: During the first year of the Plan,
Page 39 and 40: disposal rate has been satisfactory
Page 41 and 42: TABLE: 9 Statement of Execution of
Page 43 and 44: Although, the strategic plan with j
Page 45 and 46: functions and duties of the judicia
Page 47 and 48: courts were not in accordance with
Page 49 and 50: Activities carried out to fulfill t
Page 51 and 52: Pursuant to the policy of providing
Page 53 and 54: een provided for outstanding court
Page 55 and 56: 3.3.10 To strengthen the investigat
Page 57 and 58: Accordingly a Committee 76 headed b
Page 59 and 60: and data retrieval has been introdu
Page 61 and 62: In order to effectively implement t
Page 64: Chapter IV Situation Analysis 45
Page 67 and 68: Particulars TABLE: 15 Case Disposal
Page 69 and 70: yearly arrears is satisfactory, the
Page 71 and 72: Currently under the various levels
Page 73 and 74: eap benefits for the organization a
Page 75 and 76: Furniture and other Equipments Curr
Page 77 and 78: The demonstrations made in the cour
Page 79 and 80: Although, the judiciary is directly
Page 81 and 82: egularly updated; area of mediation
Page 83 and 84:
facilities provided to summon execu
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• Reform activities to be conduct
Page 87 and 88:
under the courts. While doing so, s
Page 90 and 91:
Chapter Five Core Functions Pursuan
Page 92:
Chapter Six Projection of Strategic
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6.2 To maximize the use of informat
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Chapter Seven Risks and Mitigating
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• Provided, the budget and other
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Chapter Eight Implementation Plan o
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Conduct study on possibility of pub
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1.5 Impact evaluation of pilot cour
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2.6 Implementation and monitoring o
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3.4 Capacity enhancement of human r
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Annual and periodical conferences
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4.2 Manage vehicles, machinery and
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To update website and enhance the l
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To prescribe focal point for regula
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To frame and implement procedures r
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9.3 To review, amend and frame new
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To coordinate with Law Commission f
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11.4 To strengthen services provide
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Chapter Nine Budget Projection 109
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CHAPTER NINE BUDGET PROJECTION Budg
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2 Members (Equivalent to Judge of C
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3.e Commercial Bench 1 Judges i Sal
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y Clerks i Clerks (Judicial Non Gzt
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3 Other Courts and Tribunals 1 Spec
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c Clerks i Clerks (Judicial ) Non G
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Clerks i Clerks (Judicial ) Non Gzt
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2 Appellate Courts (including regio
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2 Labor Court a Stationary i Office
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4 Revenue Tribunals a Stationary i
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6 Judgment Execution Directorate a
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Strategic Interventions 1-12 Amount
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m To conduct feasibility study of p
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SI 2 To make judgment implementatio
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c To conduct necessary work for inc
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j Language capacity training i Reso
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Bench Officers i Resource Persons R
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ze Annual and Periodical Confrences
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Partial Land Acquisition/Purchase 1
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6 Residence Building for Judges and
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xxxxii Chitwan Rs. 200,000 x 1 Time
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6 Tribunals Rs. 200,000 1 x 1 4 Tri
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Cost included in SI 5 h To establis
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7.2 To manage and strengthen securi
Page 178 and 179:
SI 9 To institutionalize research r
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SI 10 To strengthen institutional r
Page 182 and 183:
To disseminate information so as to
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Periodic evaluation/review of imple
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Strategic Intervention (1-12) SI 1
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ANNEXES ANNEX 1 Organogram of the C
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Legal Aid Section Full Court & othe
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ANNEX 3 Description of manpower A.
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41 Syangja 374 2 187 35 4 2 28 9 42
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C. District Courts S. N. Courts No
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A. Supreme Court S. No. 1 Supreme C
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43 Bajura X - - - X X 1 located to
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50. Hon. Judge Mr. Bhola Prasad Kha
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162. Hon. District Judge Mr. Lekh N
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32 Member Mr. Prem Singh Dhami Supr
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23 Non-gazetted 2 nd class Mr. Dine
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Officials and Members of Central Ju
Page 212 and 213:
3. Plan Formulation Consultation Pr
Page 214 and 215:
D. Joint consultation meeting betwe
Page 216 and 217:
2. District Courts S. No. Name of C
Page 218 and 219:
Values Allegiance to the Constituti
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The Nepali Judiciary - Supreme Court Of Nepal

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