FEATURES NEWS THE RISING NEPAL (DAILY)

Judicial Council
New Initiatives Hold Promise

By Mukti Rijal

THE judicial council is showing some good signs that it is set to act now. Series of activities the Council is carrying out to its credit are evident of its newfound zeal and enthusiasm. The constitutional provision relating to judicial council is new and carefully crafted to see that the body evaluate the judges and put judicial governance on the right track. In a way, it is a kind of judicial ombudsman though its mandates are much more wide and significant.

Article 93 of the constitution enunciates the function of the judicial council as to make recommendation and give advice concerning the appointment, transfer and disciplinary action against, and dismissal of judges. Moreover, the council provides advice and acts accordingly to help strengthen judicial administration and make it more efficient and effective. However, it failed to gather speed in its activities for the last few years. The chief architect of the Constitution of the Kingdom of Nepal 1990 who gave flesh and blood to the key constitutional provisions and former chief justice Biswonath Upadhyaya expressed his resentment over the activities of the Council. In an article published in the Essays on the Constitutional Law published by Nepal Law Society (1999) he said that the intent with which the Council was conceived and embodied in the Constitution has not been served. The body is beset with several power centres created within. Mr Upadhyaya told that there prevailed no transparency in the way it takes decision.

If the current activities of the Council are to be judged it appears that, it is shedding its tardiness. Kashi Raj Dahal, the incumbent secretary of the Council has given new push and dynamism to its functions. The Council is working in different fronts and seems keen to reconstruct its face and image. It is not only building systematic information and records but also extending its sphere of activities to competence development of judges. A series of interactions and orientation forums organized under the auspices of the Council are the testimony of it. The Council secretariat has organized an interaction on the constraints and challenges of the Supreme Court a few months ago in which
important conclusions have been adopted. One of the conclusions states " Following the restoration of the multiparty democracy in 1990, the load of the Supreme Court has increased particularly due to the fact the cases demanding legal and constitutional interpretation are taken to the court in large number. It has been felt necessary to create constitutional bench to hear cases of the legal and constitutional importance ".

One of the conclusions adopted in the interaction suggests, "The Constitution intends to provide social, economic and political justice to the people. The judiciary should orient itself to uphold the spirit of the constitution and contribute in the best possible manner to reach social, political and economic justice to the people." The meeting also emphasized to lend impetus to alternative dispute resolution mechanism in lessening burden of the court resulted from the ever-increasing caseload.

Another initiative taken by the Judicial Council of the same kind has been the workshop organized with a view to capacity building of the judges of the appellate courts. The conclusions derived from the workshop are very important especially in quickening justice-dispensing process in the country. The measures recommended are the need to adopt process of summary trial, discouraging unnecessary adjournments of the case hearing and amendments in the existing provisions relating locus standi. The workshop stressed several effective measures in simplifying procedures relating to enforcement of civic rights through writ jurisdictions of the appellate courts. Chief Justice of the Supreme Court Keshav Prasad Upadhyaya presented a paper on the theme titled judicial discipline He echorted the judges to maintain restraint and not allow extrajudicial influences to destroy the fabric of justice. Senior judges of the Supreme Court Laxman Prasad Aryal, Kedar Nath Upadhyaya and Krishna Jung Rayamajhi had partaken of the workshop as resource persons.

Similarly, the judicial council organized training workshops for district court judges in different regions to update them on the substantive and procedural aspects of the justice delivery. These judicial human resource development initiatives have for the first time created a new environment to learn and develop oneself through interaction and discussion among members of the judicial fraternity.

The Judicial Council took lead in organizing these events in accordance with the provision of the Judicial council rules that enlarges the role of the body not only to discipline the justices but also to implement measures in their competence building. The activities of the Council have dawned new hopes in strengthening judicial governance, as it is the role of judicial institutions to defend the rights of the people and deliver justice to the needy.

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