The Nepali Judiciary - Supreme Court Of Nepal

administration. From among the two alternatives, the second alternative also falls within the ambit
of international values and principles.
Provided, based on the judicial decisions if concepts are made against the judiciary then such
concepts will have an effect on the judicial independence. A professional Bar with ethics is an
ornament of independent judiciary. Likewise, it is the duty of the civil society and the media to
disseminate the good aspects of the judiciary and to make healthy comments on the negative
aspect of the judiciary thereby directing the judiciary towards a better path. Provided, this can be
done then only there will be congenial atmosphere for the growth for judicial independence
wherein the judiciary can be the protector of the civil rights.
The Constitution of the Kingdom of Nepal, 1990, had for the first time guaranteed judicial
independence. Although the Constitution had guaranteed judicial independence, the judicial
independence could not be experienced by the judiciary. Due to insufficient physical logistical
support and lack of proper manpower the judicial works could not be effective wherein the judiciary
had to face people’s complaints. Besides this, the judiciary was always concerned about the issue
of security. Many of the court buildings were destroyed and the judicial manpower not only faced
fear and threat but lost their lives.
The country has undergone a political change. It has been three years since the promulgation of
the Interim Constitution, 2063, and the constitution making process through the Constituent
Assembly has commenced. The Interim Constitution has not only declared Nepal as a federal state
but it also declared to restructure the traditional centralized state provisions into a federal one.
Whatever may be the feature of the judiciary in the new Constitution, this may not make a huge
difference but how will the Constitution address the basic values and principles of judicial
independence is a matter of interest for the judiciary. It is necessary to initiate steps towards
incorporating the basic values and principles of judicial independence in the new Constitution.
With regards to judicial independence, stakeholders are of the view that some of the provision of
the interim Constitution in comparison to the previous Constitution looks weak. They are of the
opinion that the interim Constitution tends to guide justice on the basis of the peoples movement
rather than by the Constitution, law and judicial values. The Interim Constitution provides the
Executive full control over the appointment of judges and also prescribes legislative control over
the judiciary. Likewise, the Interim Constitution also prescribes for competition in the process of
appointment of District Court judges and as such this limited competition will not promote judicial
autonomy. The irrational behavior shown towards the judiciary during recent times has created an
atmosphere where judges cannot perform their work independently and this fact shall remain as
one of the challenges for the judiciary.
Likewise, in order to address the constitutional issue of federalism and the legal aspects and in
order to maintain national unity and balance, the judiciary of tomorrow should be made more
independent and competent and as such the gravity of the issue should be taken into
consideration by everyone. Whatever may be the organizational features, the values and principles
of judicial independence should be maintained thereby creating a model justice system and as
such the judiciary through its second Strategic Plan should take concrete steps in this regard.
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