what is the structure of neapleae juduciary
Answers
Answer:
what is the structure of nepalese judiciary
District court:
There are 75 district courts in our country, each in a district. It consists of one chief judge and a judge who are appointed by the Chief Justice of Supreme Court under the recommendation of Judicial Council.
Appellate Court:
There are 16 Appellate Courts in our country. It consists of a chief judge and other judges. If people are not satisfied with the judgment given by district court, they can file the case in this court.
Supreme Court:
The Supreme Court is the final tier and the decision given by the Supreme Court are final and is applicable to all.
i. Advisory functions:
Judiciary gives advice to the other organs and constitutional organs when required. Suggestion on national issues is the work of judiciary and also finds remedies for complicated legal matters.
ii. Judicial functions:
The main function of judiciary is to punish the culprit and give a proper verdict in support of innocent on the basis of the existing law. It decides the punishment for criminals and gives a decision regarding national issues.
iii. Interpretation of law and the constitution:
Another main function of the Judiciary is to explain the laws made by the legislature and implemented by the executive. It supervises the laws and clarifies the meaning of the laws and their provisions.
iv. Protector of people's rights and freedom:
The rights granted by the state are protected by the constitution as judiciary gives clear decisions about the rights and duties of an individual. It gives justice or verdict if any rights are violated.
Explanation:
The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens.
- The judiciary’s decision is respected and not interfered with by the other organs.
- It also means that judges can perform their duties without fear or favour.
India has a single integrated judicial system. The judiciary in India has a pyramidal structure with the Supreme Court (SC) at the top.
- It's decisions are binding on all courts
- Can transfer judges of high court
- Can move any cases from any court itself
- Can hear appeals from lower courts
- Can deal any cases within the jurisdiction of the state
- Exercises superintedance and countrol over courts below it
District court
- Deals with cases arising in the District
- Consider appeals on decision given by lower courts
- Decides cases involving serious criminal offences
- Consider Cases of civil and criminal nature
Apart from the above structure, there are also two branches of the legal system, which are:
- Criminal Law: These deal with the committing of a crime by any citizen/entity. A criminal case starts when the local police file a crime report. The court finally decides on the matter.
- Civil Law: These deal with disputes over the violation of the Fundamental Rights of a citizen.
- The chief function of the judiciary is to apply the law to specific cases or in settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through evidence presented by the contestants.
- In many cases, the judges are not able to, or find it difficult to select the appropriate law for application.
- The highest court in India, the SC, acts as the guardian of the Constitution.
- The judiciary ensures that people’s rights are not trampled upon by the State or any other agency. .
- The higher courts also perform the function of supervising the subordinate courts in India.
- The SC in India performs an advisory function as well. It can give its advisory opinions on constitutional questions. This is done in the absence of disputes and when the executive so desires.
- Some functions of the courts are non-judicial or administrative in nature. The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint receivers. They register marriages, appoint guardians of minor children and lunatics.