The Nepali Judiciary - Supreme Court Of Nepal

The demonstrations made in the court premises and unwanted activities performed by the
demonstrators provide challenges to the security of the judges, employees, legal professionals and
court users. Security for witness to a case is also a complex issue. Security for the courts located
in conflict affected areas is also a challenging task.
The past Plan had also addressed the issue of security of judges, employees, legal professionals
and court users and a study in that regard had also been conducted but unfortunately the report
has not been implemented. In this regard, it is necessary to review the reports received and to
develop and strengthen the security system. 110
4.1.8 Judicial Independence and Promotion of Accountability
Executive, Legislative and Judiciary are the three main organs of the State and pursuant to the
principle of separation of power although these three organs are provided with a minimum
independence to perform their work according to their jurisdiction, the issue of judicial
independence in comparison to other organs is considered to be of a serious nature. Where the
constitutional provision provides and determines certain limitations the independence becomes
dependent on others.
Judicial independence has been an issue of concern and interest in the world. The independence
of the judiciary that has been defined by the UN system has established a uniform standard for
judicial independence. Globalization has among others also has had an effect on the basic values
and principles of judicial independence.
Where a judge upon fulfilling certain standards is appointed to the post of a judge, then such a
judge pursuant to the constitutional provisions can only be relieved from his post on the ground of
being inefficient or misconduct. Other than that provided a judge is made to bring under the control
of the Executive or the Parliament through any other means then such an act cannot be deemed to
be within the standards of judicial independence.
In the absence of external or internal intervention, it cannot ipso facto be deemed that there is
judicial independence. In order for judicial independence to materialize in its true sense, there has
to be positive assistance and cooperation from the other organs of the State including the civil
society, political parties, media and the Bar. For the purpose of conducting the judicial proceedings
without any encumbrance there is a need for economic, physical and human resources and for this
the State without being biased towards the judiciary should provide full assistance to the judiciary.
Likewise, the Legislative by making timely reforms in the Act and laws should create conducive
environment for promotion of judicial independence. The judicial process is long, tedious and
expensive and the reason behind this is the existence of traditional laws. Without timely reforms
and amendments in those laws, people’s expectation of receiving speedy and inexpensive justice
will not be possible.
For this there are two alternatives. Firstly, the Legislative-Parliament should make timely reforms in
the Act and laws regarding to judicial administration and secondly the judiciary should be vested
with the authority to frame laws (regarding procedural) deemed necessary for judicial
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Report of Committee formed to study the security system, 2066
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