The Nepali Judiciary - Supreme Court Of Nepal

• In order to create appropriate coordination with stakeholders of the justice sector so as to
provide speedy justice, a Justice Sector Coordination Committee had been constituted but
at the district level this Committee has not been able to garner remarkable support from the
stakeholders for speedy disposal of cases. Although, Coordination Committees are
established at the Supreme Court, Appellate and District Court, there is no provision of
submitting reports to the higher level wherein the center is unaware of the activities
undertaken at the regional and local level. Appropriate strategic steps should be initiated to
make this effective.
• Many of the courts do not have law books and magazines. It has also been heard that in
many circumstances the courts requests the lawyers for the law books and magazines.
Such conditions should not prevail and the library of the court should be improved. Court
libraries have not been properly managed and in many instances the libraries do not
sufficient law books.
• Role of the Bar is very important in judicial reform. Without any assistance from the Bar,
reform is not possible. Since receipt in lieu of fees received from the client is not provided
by the lawyers, the party winning the case is unable to recover his cost from the party
losing the case. This has made justice expensive and has had an adverse effect in access
to justice. Therefore, a mechanism should be established where discussions and
interactions between the Bar and Bench could be organized wherein the Bar should be
taken into confidence and judicial reform should be initiated. Likewise, the Bar should also
abide by its code of conduct and should motivate the legal fraternity be transparent and
responsible. The current problem cannot be solved by blaming the judges and the
employees.
• The service and facilities of the court employees should be increased and a separate Act
regarding conditions of service for employees and judges should be drafted. Provided, this
cannot be done, then laws should be framed to ascertain their autonomy and opportunities
for career development. Differences in services and facilities between gazetted, nongazetted
employees and judges should be minimized. Provision of award and punishment
should be initiated on the basis of performance of work of employees. Quotas should be
fulfilled pursuant to the work load.
• Judiciary has failed to conduct motivating programs for its employees which have been
reflected in the implementation of the Plan. Manpower pursuant to the quota has not been
fulfilled. The manpower that is available is devoid of skills. While selecting people for
trainings, workshops and seminars, the principle of right person right opportunity should be
followed.
• Activities of National Judicial Academy, Judicial Council and Judicial Service Commission
are related with the judiciary and therefore, an effective mechanism need to be developed
for maintaining proper communication with these institutions and activities should be
conducted through this mechanism. Timetable for capacity development activities for
judges should be jointly prepared by the Supreme Court and National Judicial Academy.
Capacity enhancement programs targeted for judges and employees should be conducted
through the National Judicial Academy.
• Judiciary should motivate other stakeholders of the justice sector to formulate their own
strategic plan and should inculcate the feeling that it is the constitutional and legal duty of
such institutions to assist the court. A Program Officer should be appointed for formulation,
implementation, monitoring and evaluation of the Plan.
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