The Nepali Judiciary - Supreme Court Of Nepal

works does to some extent affect the quality of justice. Nevertheless, the inevitable risk that actors
of the justice sector have to face is the criticism made against the judiciary. The reason behind the
judiciary’s failure to play its role is due to the lack of effective participation of stakeholders of the
justice sector and as such, the judiciary can only inform the justice users and general public about
the individual roles of the stakeholders of the justice sector. Judiciary cannot draft plans for others.
The only thing that the judiciary can do is request stakeholders to work together in a planned and
coordinated way. With the implementation of the Strategic Plan of the judiciary, the judiciary can
motivate the concerned justice stakeholders to identify institutional and professional reform and
from such reforms, it is necessary to garner necessary support for implementation of the judicial
Plan. Right to justice should not be identified as an authority to be performed by the State but
rather like education and health, it should be accepted as of the basic services relating to human
rights. Therefore, the legislative and the Executive and other concerned Bodies or actors should
perform their own responsibilities in the administration of justice.
In the context of Nepal and in the area of national development although planned activities had
commenced for half a century, there was no remarkable use of management procedures in the
judiciary. Judiciary did not find a place even by the end of the Ninth Plan. It was presumed that the
judiciary did not have any direct contribution to the national productivity and overall economic
development and as such it was deemed that investment in the judiciary pursuant to economic and
national development would not be fruitful. The economic activities, investment and overall
economic development in countries having independent, competent and effective justice system is
far better than countries where judicial independence is not guaranteed and therefore there is a
positive co-existence between an independent, competent and effective justice system and overall
economic development of a country but such development and co-existence cannot be observed
in developing countries. Development was not seen in totality but rather productive activities were
looked upon as physical development and segregated from the humanly and environment aspect
and due to this incomplete thought and concept neither could the country make any progress in the
area of productivity and neither congenial environment has been created for proper production.
Grave errors committed in the area of economic, development administration and plan formulation
the planned development process has not achieved expected reform in the human rights and
human development index. This not only affected the development process but also affected
overall process of justice since the judicial process was negatively affected. This created
suspicious towards the State’s reliability and obligations towards its citizens. Therefore, in order to
increase public trust over the state mechanism and in order to make judicial process simple, the
policy makers should try to look into the inter-relationship between development, economy and
social justice should encourage for planned reforms.
From the first Plan, it has been experienced that expected results cannot be achieved from the
central Plan. On the basis of this experience, it has been decided to include formulation of
separate annual work plan for each court. Likewise, it has also been decided to the establishment
of a Plan Implementation Secretariat for the effective implementation of the Plan, strengthening of
Plan Division, creation of post for plan officers and development of research experts as the core
functions. Evaluation and monitoring of the progress of the Plan has been given due importance.
Target of the Plan has been transformed into personal targets and activities linking work
performance of judges and employees to career development has been determined. It is believed
that this will assist in the successful implementation of the Plan. Effort has been made to make the
Plan practical, implementable and achievable.
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