The Nepali Judiciary - Supreme Court Of Nepal

The Nepali Judiciary - Supreme Court Of Nepal The Nepali Judiciary - Supreme Court Of Nepal

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expected to be submitted within six months and for this purpose the Plan had also determined result indicators. In order to strengthen supervision and monitoring activity the Supreme Court had established a Monitoring and Inspection Division wherein an inspection timetable has been prepared, inspection reports are being collected at the central level and monitoring of execution of directives given during the time of inspection is also being carried out. Justices of the Supreme Court have been vested with the responsibility of inspecting and monitoring the Appellate Courts and its subordinate units. Other than the second year, inspections of courts have been carried out in other years. 3.2.3 Court Management Activities such formulation of the strategic plan and its subsequent execution, collection of financial resources and its subsequent management, construction of infrastructure and renovation, management of human resources, management of records, dissemination of judicial information, research on law, precedents and justice system of Nepal and establishment of relations with stakeholders outside the justice sector has been classified under court management. 3.2.3.1 Implementation of Strategic Plan With regards to implementation of the Strategic Plan, a High-Level Directive Committee under the Chairmanship of Right Honorable Chief Justice has been constituted for the purpose of carrying out the supervision and monitoring activities. Likewise, under the coordination of the honorable justice of the Supreme Court 32 , a Plan Implementation Committee was established wherein processes relating to implementation of the Plan was initiated. In order to assist and coordinate with the Plan Implementation Committee, Joint Registrar of the Research and Planning Division has been nominated as the Member-Secretary of the Committee. Pursuant to the decision made by the High-Level Directive Committee, a mid-term review of the Plan was conducted. Plan Implementation Committee has carried out regular monitoring and evaluation regarding implementation of the Plan and in order to render the implementation of the Plan effective the committee has rendered various policies. 33 3.2.3.2 Acquisition of Financial Resources and its Management Prior to the commencement of the Plan, there has been a remarkable increase in the budget with the commencement of the Plan. Upon approval of the Plan, budget deemed necessary for implementation of the activities was projected and submitted before the government and the judiciary is hopeful that sufficient budget as projected will be released. 34 Since the budget as determined by the Plan could not be released, this has had an impact on the implementation of the Plan. TABLE: 11 Status of Budget and Disbursement Project by the Plan Fiscal Year Estimated Budget Disbursement Percentage 2061/062 832,551,890 760,102,000 91.30% 2062/063 1,709,823,594 840,693,000 49.17% 2063/064 1,297,635,270 921,890,000 71.04% 2064/065 1,499,933,009 969,890,000 64.66% 2065/066 1,506,400,753 1,188,461,000 78.79% Total 6,846,344,516 4,681,036,000 68.37% 32 Initially Senior Honorable Justice Min Bahadur Rayamajhi lead the committee which was later replaced by Honorable Justice Kalyan Shrestha 33 This has already been discussed in Chapter One. 34 Detailed description of the budget has been provided in Annex 4 and 5 23

Although, the strategic plan with justification had projected the budget required for the judiciary, it has been the practice of the National Planning Commission and the government to prescribe the ceiling of the budget and therefore, it has become a practice to project budget pursuant to the prescribed ceiling and such a practice is continued till date. With such practice in place, it has become difficult to achieve the targets projected and determined by the Plan. The budget disbursed for the judiciary falls approximately within 0.60 to 0.70% of the total national budget. During the period of implementation of the Plan, judiciary has received assistance in various sectors from the donor community. United Nations Development Program, USAID, European Union, DanidaHUGOU, Asian Development Bank, and World Bank are some of the organizations that have been assisting the judiciary. These organizations have been assisting the judiciary in the publication of law magazine, strengthening of the courts, capacity enhancement of judicial manpower, development of pilot courts, mediation program, legal reform, case management, judicial research, strengthening of commercial courts and record management to name a few. 3.2.3.3 Physical Infrastructure and Management of other Facilities Taking into consideration the weakness of the physical infrastructure of the courts, the Plan envisages activities such as maintaining the status quo of the current infrastructures of the courts, management of library facilities, repair and renovation of furniture and other goods, and repair and renovation of vehicles. Details of the budget disbursed for this program is provided hereinbelow: TABLE: 12 Statement of Budget Disbursed for Infrastructure Development and Books for the Supreme Court 35 S.N. Particulars 2061/062 2062/063 2063/064 2064/065 2065/066 Total 1 2,900,000 Land purchase - - 20,000,000 - transferred from other budget head 2 Furniture 5,000,000 10,000,000 10,000,000 10,000,000 10,000,000 43,000,000 3 Vehicles 50,000,000 50,000,000 60,000,000 60,000,000 60,000,000 262,200,000 4 Machinery equipments 20,000,000 20,000,000 20,000,000 12,500,000 12,500,000 75,000,000 5 Construction of Building 3,415,000 93,990,000 126,886,000 157,500,000 230,000,000 667,500,000 6 Public construction and infrastructure repair & maintenance 585,000 6,010,000 28,114,000 10,000,000 10,000,000 60,000,000 Capital improvement - - - 10,000,000 10,000,000 20,000,000 Capital Total 79,000,000 180,000,000 265,000,000 260,000,000 332,500,000 1,116,500,000 7 Purchase of books(Current expenditure from 4.03) 5,000,000 7,700,000 2,450,000 2,500,000 1,500,000 191,500,000 Total 840,000,000 187,700,000 267,450,000 262,500,000 334,000,000 1,135,650,000 35 Source: Financial descriptions of the concerned year, Supreme Court 24

expected to be submitted within six months and for this purpose the Plan had also determined<br />

result indicators. In order to strengthen supervision and monitoring activity the <strong>Supreme</strong> <strong>Court</strong> had<br />

established a Monitoring and Inspection Division wherein an inspection timetable has been<br />

prepared, inspection reports are being collected at the central level and monitoring of execution of<br />

directives given during the time of inspection is also being carried out. Justices of the <strong>Supreme</strong><br />

<strong>Court</strong> have been vested with the responsibility of inspecting and monitoring the Appellate <strong>Court</strong>s<br />

and its subordinate units. Other than the second year, inspections of courts have been carried out<br />

in other years.<br />

3.2.3 <strong>Court</strong> Management<br />

Activities such formulation of the strategic plan and its subsequent execution, collection of financial<br />

resources and its subsequent management, construction of infrastructure and renovation,<br />

management of human resources, management of records, dissemination of judicial information,<br />

research on law, precedents and justice system of <strong>Nepal</strong> and establishment of relations with<br />

stakeholders outside the justice sector has been classified under court management.<br />

3.2.3.1 Implementation of Strategic Plan<br />

With regards to implementation of the Strategic Plan, a High-Level Directive Committee under the<br />

Chairmanship of Right Honorable Chief Justice has been constituted for the purpose of carrying<br />

out the supervision and monitoring activities. Likewise, under the coordination of the honorable<br />

justice of the <strong>Supreme</strong> <strong>Court</strong> 32 , a Plan Implementation Committee was established wherein<br />

processes relating to implementation of the Plan was initiated. In order to assist and coordinate<br />

with the Plan Implementation Committee, Joint Registrar of the Research and Planning Division<br />

has been nominated as the Member-Secretary of the Committee. Pursuant to the decision made<br />

by the High-Level Directive Committee, a mid-term review of the Plan was conducted. Plan<br />

Implementation Committee has carried out regular monitoring and evaluation regarding<br />

implementation of the Plan and in order to render the implementation of the Plan effective the<br />

committee has rendered various policies. 33<br />

3.2.3.2 Acquisition of Financial Resources and its Management<br />

Prior to the commencement of the Plan, there has been a remarkable increase in the budget with<br />

the commencement of the Plan. Upon approval of the Plan, budget deemed necessary for<br />

implementation of the activities was projected and submitted before the government and the<br />

judiciary is hopeful that sufficient budget as projected will be released. 34 Since the budget as<br />

determined by the Plan could not be released, this has had an impact on the implementation of the<br />

Plan.<br />

TABLE: 11<br />

Status of Budget and Disbursement Project by the Plan<br />

Fiscal Year Estimated Budget Disbursement Percentage<br />

2061/062 832,551,890 760,102,000 91.30%<br />

2062/063 1,709,823,594 840,693,000 49.17%<br />

2063/064 1,297,635,270 921,890,000 71.04%<br />

2064/065 1,499,933,009 969,890,000 64.66%<br />

2065/066 1,506,400,753 1,188,461,000 78.79%<br />

Total 6,846,344,516 4,681,036,000 68.37%<br />

32<br />

Initially Senior Honorable Justice Min Bahadur Rayamajhi lead the committee which was later replaced by<br />

Honorable Justice Kalyan Shrestha<br />

33<br />

This has already been discussed in Chapter One.<br />

34<br />

Detailed description of the budget has been provided in Annex 4 and 5<br />

23

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