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Complete SEE Solution 2076
Complete SEE Solution 2076
government may refer a matter of law or a fact of great public importance to the Supreme
Court and ask it to give its advisory opinion on it. The view of the court in such a matter is
not binding but it has a great persuasive value.
d.Judicial review: Chief Justice of USA Marshall in 1803 decided that the courts had the
inherit right to declare the act of the parliament invalid. Thus, from then on the Supreme
Court looks in to the constitutional validity of a legislative measure or executive action and
then declare it null and void to the extent of its being repugnant to the fundamental law of
the land. Any law passed by the legislative if violates the constitution, the law shall be
declared void because the constitution is the highest law of the land and it is the duty of
the courts to protect it.
e.Miscellaneous: The courts perform some other functions like exercising control over their
employees, or doing investigations at the behalf of chief justice, or issuing certificate of
marriage and citizenship, etc. The court may punish a person for doing it’s contempt.
It is true that judiciary performs a number of functions. Of all the functions of the
government, the adjudication is unquestionably the most immediate concern to the
individual citizen.
3. Why do you think the Judiciary should remain Independent, Impartial and free from
political pressure?
The citizens expect impartial and speedy justice from the occupants of the judicial
benches. Justice delayed is justice denied. Of all the functions of the government, the
adjudication of disputes is unquestionably the most immediate concern for any citizen.
The protection of the rights of the individual citizen requires a government based on laws
applied by the judges who are independent, impartial in every way. It is necessary because
:
The Nature of the function to be performed by the state has multiplied and
the state has become the biggest litigant before the courts. We no longer
believe in police state but we believe in welfare state.
To give decisions against the government and protect the fundamental
rights and the constitution.
To cross check the balance between an individual and the state, majority
and minority, powerful and weak etc. and hold an even hand for all
To realize the high purpose for which the Judiciary is established.
By virtue of this, the judges mustn’t lack wisdom, probity and freedom of decision.
3.Enlist some of the factors that make the judiciary Independent, fair and impartial.
There is no worse torture than the torture of laws. The primary object for which the state
was established was the creation and protection of individual rights. So, it is essential that
the judiciary remains independent ,fair and impartial by the following ways:
By recruiting the judges on the basis of selection by some autonomous
authority like a public service commission so that only persons of high caliber and
integrity may be inducted into important judicial positions.
5.What are the qualifications required to be the chief justice of Nepal and the judge of
Supreme Court?
The president shall appoint the chief justice on the recommendation of the constitutional
council who has the following qualification for 6 years.
The person who has served as the judge of Supreme Court for at least three years.
The president shall appoint the judges of the Supreme Court on the recommendation of the
judicial council having the following qualification:
Any citizen of Nepal who has obtained a bachelor’s degree in law and served
as the chief judge or a judge of high court for at least 5 years.
Who has practiced law as a senior advocate for at least 15 years.
Who is a distinguished jurist constantly working for 15 years in the legal
field.
Who has served in the post of first class post of judicial service for at least 12
years.
6.What are the functions of the supreme court of the Jurisdiction of the Supreme Court?
The functions of the Supreme Court are given below:
To issue necessary and appropriate orders, provide remedies, enforce right or settle
disputes
To inspect, supervise and gives necessary directives to lower courts.
To originally try and settle cases, hear appeals, revise cases, hear petitions, review its
judgments or final orders
Settle appeals from cases originally tried and settled by the high court
To declare the law made by legislature void if it is inconsistent with the constitution this
has the final authority to interpret the constitution
interpreting the fundamental law of the land. If a law is passed by the legislature violates
the constitution, the law shall be declared void because the constitution is the highest law
of the land and it is the duty of the court to protect it. Thus judiciary is charged with the
duty of upholding the constitution as the supreme law of the land and thus acting as the
“Guardian of the constitution”. It declares the law made by legislature void if it is
inconsistent with the constitution this has the final authority to interpret the constitution.
10. Why Supreme Court is also known as the Court of record or court of appeal?
The proceedings of the Supreme Court are recorded for perpetual memory and testimony. It
keeps details of every case. A court of record is a trial court or appellate court in which
a record of the proceedings is captured and preserved, for the possibility of appeal. They
are admitted to be of evidentiary value and they are not to be questioned when they are
produced before any court.