Judiciary (Civic Awareness)

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Unit 5: Civic Awareness

Lesson 3: Judiciary






Introduction

Judiciary is an organ of the state whose main function is to provide justice to the innocent and punish the culprit. This is a watch-dog, protector and interpreter of the constitution that provides equal justice and keeps the balance between Legislative and Executive of the basis of power-sharing and norms of democracy.

Importance of Judiciary

To maintain good governance and the rule of law in the state the judiciary interprets the laws made by the legislature and implemented by the executive. It can raise questions against the laws formulated and implemented by the other two organs. It protects the fundamental rights of the people giving legal punishment to the guilty party so; it is also known as ‘The Guardian of law’. 

Types of Courts in Nepal

a.     District court

b.     High court

c.      Supreme court

District court: There is the provision of a district court in each district of Nepal. It consists of one chief judge and a judge who is appointed by the chief justice of the Supreme Court. There are 77 district courts in each.

Appellate court: There are 16 such courts in our country. It consists of a chief judge and other judges. If people are not satisfied with the judgment given by the district court, they can file the case in this court. It is called PUNARABEDAN ADALAT in Nepali.

Supreme Court: The Supreme Court is the top-level court of the nation and the decision given by the Supreme Court are the final and is applicable to all. It is a court of record in a sense that its decisions are recorded for a long-lasting memory. The chief judge is appointed directly by the President and it is only one in the nation. It is in Kathmandu near Maitighar Mandala on the way to Singha Darbar.

Specialized courts

Other specialized courts, judicial bodies or tribunals may be formed to settle specific types and nature of cases.

Judicial Committee

Three-member judicial the committee is formed coordinated by its vice-chairperson in case of Rural Municipality and by deputy Mayor in Municipality, to settle disputes under their respective jurisdictions.

Functions of Judiciary

a.     The main function of the judiciary is to provide equal justice to the citizens and punish the culprit using the prevailing laws of the nation. It comes under Judicial Function.

b.     Interpretation of the practice of the acting laws in the country. It can question the laws formulated and implemented by the other two bodies.

c.      The court restores the rights of the citizens confiscated by the state.

d.     It provides suggestions and advises in critical legal matters.

Reference:

Civil case:

1.     Deals with disputes between two parties

2.     A person isn’t imprisoned or executed; losing defendant has to compensate the plaintiff for the losses s/he has caused

3.     The burden of proof/evidence lies on the plaintiff (a person who file the case in the court)

4.     Both the parties concerned may appeal to a  higher court

Criminal case

1.     Deals with criminal act or offence

2.    Possibility of either imprison or even execution or just paying compensation according to the depth of the case

3.     The burden of evidence always lies with the state

          4.     Only the defendant can appeal to a higher court.


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