Submitted by:- Submitted to:-

Aabha Parajuli Bishnu Maya Bhusal

Eighth Semester, Sec. ‘A, Roll No. 14 Assistant Professor
B.A.LL.B., Nepal Law Campus Nepal Law Campus, Tribhuvan University

LEGAL PROFESSION

Legal profession is the whole occupational roles purposely oriented towards the administration
and maintenance of the legal system. Legal profession encompasses lawyers, judges,
counsellors, law academicians and scholars.

CONTRIBUTION AND IMPORTANCE OF LEGAL PROFESSION

Being an active participant in the law enforcement mechanism, occupying an independent place
in the mechanism of justice, a legal profession performs (should perform) an important function
of public control in:

 Ensuring the rights of each person in the society

 Ensuring the (collective) rights of entire civil society

CONTRIBUTION AND IMPORTANCE OF LEGAL PROFESSION IN THE

NEPALI SOCIETY

A. Ensuring the rights of

each person in the
society
Highlights of the 1997 Act
 Legal Services
Legal Aid is available for those who are unable to
In Nepali society or in any protect their legal rights due to financial and social
reasons for equal justice to all according to the
other society, legal profession
principle of Rule of Law.
is primarily important to
The service includes counselling and other legal
protect you from abuse of your
services such as correspondence pleadings,
rights. Legal profession preparation of legal documents and proceedings in
comprises of services like legal the courts or offices on behalf of indigent person.
counselling, correspondence Arrangements for Central Legal Aid Committee
drafting, pleading, preparation and District Legal Aid Committee has been made.
of legal documents, and Legal Aid Fund has been set up.
proceedings in the courts or offices all of which is important for proper administration of
justice.

 Free Legal Services to Weaker Sections of Society

Legal Aid and Pro-bono services within a legal profession seek to ensure access to justice of
weaker sections of society in Nepal.
The essence has been materialised by legislative enactments including the Legal Aid Act, 1997
along with the Supreme Court Rules, the High Court Rules and the District Court Rules
founded upon the fundamental rights enshrined within the Constitution of Nepal.
Nepal Bar Association, General Assembly has also adopted Pro-bono guideline that is a
guidance for free legal aid service to economically vulnerable and marginalized people.
Nepal Bar Association, provides and promotes Legal Aid service in support of diffe rent
partners, mainly Norwegian Bar Association and European Commission funded Legal Aid
Projects.

An Instance Of ‘Enhancing Access To Justice Through Institutional Reform Project’ (A2J

Project)

Duration July 2018 – June 2021

Geographic Siraha, Dhanusha, Mahottari, Rautahat, Salyan, Surkhet, Dailekh,

Coverage Kalikot, Bajhang, Dadeldhura, Baitadi, Kailali

Focus Area Rule Of Law, Legal Aid And Human Rights

Collaborating Leading Partner - Ministry Of Law, Justice And Parliamentary

Institutions Affairs (MOLJPA)

Implementing Partners - Nepal Bar Association (NBA), Office Of

Attorney General (OAG)

Donor Royal Norwegian Embassy

Budget US$ 4,600,000/-

 Target Reach out to 50000 people through legal aid service and 120
Judicial Committees

Excerpt: A2J project, funded by Royal Norwegian Embassy, focusses on the reform of the legal
aid system, supporting national efforts of reform and coordination in the justice sector and
implementation of constitutional provisions on fundamental rights through legislative reform,
implementation of the newly adopted criminal and civil legislations, and in particular on
enhancing the access to justice at the local level.

B. Ensuring the rights of entire civil society

 Public Interest Litigations

A writ petition is a court petition for extraordinary review, asking to intervene in certain issue
and to institute legal remedy or legal relief. There are many laws which infringe fundamental
right, or otherwise violate constitution, sometimes the law does not even cover the issue of
public interest. In such cases, Public Interest Litigation are filed in the Supreme Court on behalf
of the disadvantaged group. Public Interest Litigation refers to litigation undertaken to secure
public interest and demonstrates the availability of justice to all by specially addressing the
socially-disadvantaged ones.

In Nepal, most of such landmark litigations have been the contribution of lawyers, law firms,
law professionals or their organisations and associations to the Nepali society. The Public
Interest Litigations brought by Legal Aid and Consultancy Centre (LACC), Forum for Women,
Law and Development (FWLD), Pro-public, Sudarshan Subedi, Meera Dhungana, Sapana
Pradhan Malla, Prakash Mani Sharma, Dil Bahadur Bishwakarma, Dharam Bahadur
Lamichhane, Raju Chapagain, Bhoj Raj Aer, Bharat Mani Gautam, Sunil Babu Panta, Madhav
Kumar Basnet, Dinesh Tripathi, Kamal Koirala etc. have brought major social reforms in field
of, inter alia, gender rights, property rights, disability rights, minority rights, rights of
marginalised people, environmental rights, health rights, civil rights and basic human rights.
According to Director of Judgment Execution Directorate Shiva Kumar Pokharel, out of 246
Public Interest Litigations that needed to be executed by the government, only 38 cases (15.45
per cent) have been executed thus far and 208 remain to be executed. – (July 2019 The
Himalayan Times). This demonstrates the fact that the magnificent contribution by legal
professionals to bring social reforms in Nepal is being hindered in multiple ways. One of the
biggest challenge is the non-execution of court decision itself.
C. Beside providing justice, more than the law profession itself, many law professionals
have contributed in political movements of Nepal. They have brought the understanding
of democracy, rule of law, separation of power, check and balance at the doors of every
household. Their contribution in making legal profession honoured and dignified
cannot be discarded either.
REFERENCES

https://www.researchgate.net/publication/323327937_The_Concept_of_Legal_Profession

https://www.tandfonline.com/doi/abs/10.1080/03050718.1995.9986440?journalCode=rclb20

http://www.legalserviceindia.com/legal/article-4237-what-is-the-role-of-a-lawyer-in-society-
.html

https://www.np.undp.org/content/nepal/en/home/projects/a2j.html

https://thehimalayantimes.com/nepal/only-15-pc-pil-verdicts-being-executed