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The Nepali Judiciary - Supreme Court Of Nepal

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Chapter Five<br />

Core Functions<br />

Pursuant to the responsibility vested by the Constitution and law and from the past experience of<br />

the previous Plan, the core functions of the court are as follows: adjudication, execution of<br />

judgment and inspection and supervision. <strong>Court</strong> management which was defined as one of the<br />

core functions in the first Plan has been included as one of the strategic intervention designed to<br />

assist decision making and execution of judgment. Since, strategic interventions assist in the<br />

effective implementation of the core functions, coordination between strategies and strategic<br />

interventions have been made.<br />

5.1 Adjudication<br />

Under this, adjudication of cases has been included under this function, which includes<br />

adjudication function from the <strong>Supreme</strong> <strong>Court</strong> to the District <strong>Court</strong> and other courts and tribunals.<br />

Core Function<br />

1. Adjudication Function<br />

Result Indicators Strategies<br />

1.1 Examine the constitutionality<br />

of law<br />

1.2 Issue orders under writ<br />

jurisdiction for protection of<br />

fundamental and legal rights and<br />

public interest<br />

1.3 Dispose cases through the<br />

application of original and<br />

appellate jurisdiction (including<br />

courts, Special <strong>Court</strong>s and<br />

tribunals)<br />

• Dispose all disputes related to<br />

constitutionality of law within<br />

one year<br />

• Dispose all writ petitions within<br />

one year from the date of<br />

registration<br />

• Reduce pending 113 writ petition<br />

by 75% (15% each year) during<br />

the Plan period<br />

• Dispose all disputes related to<br />

constitutionality law within one<br />

year<br />

• Dispose all cases within the<br />

limitation prescribed by law, not<br />

to exceed two years. 114<br />

• Reduce pending cases by 50%<br />

(10% each year) during the Plan<br />

period<br />

• Reform in case management<br />

system<br />

• Develop capacity of human<br />

resource<br />

• Management of logistic<br />

deemed necessary<br />

• Increase application of<br />

information technology<br />

• Bring effectiveness in<br />

inspection and supervision<br />

• Reform in security<br />

•<br />

management<br />

Promote judicial<br />

•<br />

independence and autonomy<br />

Effort to reform laws for<br />

enhancing judicial service<br />

• Strengthen<br />

stakeholders<br />

relation with<br />

• Increase access to justice<br />

• Institutional strengthening of<br />

court<br />

bodies<br />

and other judicial<br />

5.2 Execution of Judgment<br />

Under this function falls execution of judgments made by the <strong>Supreme</strong> <strong>Court</strong> to the District <strong>Court</strong>s<br />

and this also includes any orders, decisions made by other courts, tribunals and mediation.<br />

113<br />

Pending cases denotes writ petitions not disposed within the period prescribed by the Plan from the date of<br />

registration<br />

114<br />

Cases shall be disposed within the first year for those cases that prescribed limitation and for those that have no<br />

limitation, cases shall be decided within a period two years.<br />

71

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