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Global Journal of Humanities and Social Sciences

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THE EXISTING STATUS OF JUDICIAL INDEPENDENCE IN NEPAL

DOI https://doi.org/10.55640/gjhss/Volume03Issue06-02
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Shyam Prasad Phuyel 1 , Tara Nath Ghimire 1 , Dol Raj Kaple 1 ,
4 Associate Professor of Political Science Education, Central Department, Education, Tribhuvan University Kirtipur.
4 Associate Professor, Political science, Patan Multiple Campus Patan Dhoka, Lalitpur, Tribhuvan University
4 Associate Professor, History, Central Department of History, Kirtipur, Tribhuvan University.

Abstract

The administration of justice is one of the state's major tasks. According to Nepal's Constitution, the Judiciary is responsible for administering justice. The judiciary is a key institution supporting democracy and the rule of law. The Judiciary is responsible for upholding the rule of law by limiting the power of governmental organs to those granted by the Constitution and statutes. In a democratic state, the judiciary is the final resort for protecting people's rights. It promotes political stability and justice, resulting in a strong economy. The judiciary should be independent and responsible to the people and nation. Judicial independence indicates that it is apart from other governmental institutions, particularly the executive and legislative branches. It must be devoid of power, pressure, and other unnecessary elements.  Judicial independence refers to the principle that the judiciary's decisions should be free of interference from private or political interests. Judicial independence refers to a judge's capacity to make decisions without being influenced by other factors. Nepal's Constitution designates the judiciary as the guardian of fundamental rights and the Constitution itself. The constitution's preamble emphasizes the importance of an independent judiciary, the rule of law, democratic ideals, and structural and functional independence.  The constitution includes crucial measures that support an independent and accountable judiciary. This study has given emphasis on secondary sources of information relating to the concept of independent judiciary and its status in context of Nepal. This paper explores the topic of judicial independence in Nepal.  This study incorporates a judicial perspective to the idea of judicial independence. It has also incorporated constitutional and legislative provisions regarding judicial independence. 

Keywords

Independent Judiciary, Constitution, Rule of law, Fundamental Rights, Democracy, Transparency

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How to Cite

THE EXISTING STATUS OF JUDICIAL INDEPENDENCE IN NEPAL. (2024). Global Journal of Humanities and Social Sciences, 3(06), 18-26. https://doi.org/10.55640/gjhss/Volume03Issue06-02

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