Social Studies Note for Grade X (Unit- 5 Judiciary)

Social Studies Note for Grade X

Unit- 5 (Civic Awareness)

Lesson-2

Judiciary

-       Judiciary interprets the laws and gives justice.

-       Judiciary makes sure that the laws made by legislatures are rightly implemented by the executive.

-       Judiciary gives justice to the innocent and punishes the law breakers.

-       Independent, impartial and efficient judiciary is the key of democracy.

-       It is called the guardian of law because it safeguards the fundamental rights of the people.

-       The judiciary power in Nepal is practiced in three level; Central (Supreme Court), province (High Courts) and Local (district courts).

Supreme Court:

a.    All the judicial bodies are under the Supreme Court.

b.    It is also called court of record as it keeps record of its verdicts and proceedings for reference and testimonies.

c.    Supreme Court has the final authority to interpret the Constitution and laws.

d.    The head of the Supreme Court is Chief Justice. Except Chief Justice, Supreme Court consists of 20 Judges.

e.    The president appoints the Chief Justice under the recommendation of the Constitutional council. And the Justices of Supreme Court are recommended by Judicial Council.

f.     The tenure of Chief justice is for 6 years and maximum age limitation is 65 years.

High Court

a.    In each province there is a High Court.

b.    It initiates proceeding, give verdict and declare punishment according to the federal law.

c.    Each high court consists of certain number of Judges in addition to the Chief Judge.

d.    Chief Judges and Judges are appointed by the Chief Justice on recommendation of the Judicial Council.

e.    The tenure for Chief Judge and Judges is six years and age limitation of 63 years.

District Court

a.    In each district there is a District Court consisting of Judges.

b.    Other local level judicial bodies are established in accordance with the state law.

Functions of Judiciary:
Judicial functions

a.    Providing equal justice to the citizens applying the existing laws of the country. It saves the innocent and punishes the law breakers.

b.    It gives verdicts on both Civil and Criminal cases.

Interpretation of law

a.    The judiciary interprets the meaning and spirit of law while giving judgment on a case.

b.    Supreme Court is the final interpreter of the constitution.

c.    The interpretation of Supreme Court is used as law and become a precedent for the similar cases in future.

Protection of people's right and freedom

a.    Constitution guarantees the citizen's rights and freedom

b.    If anyone harms to entertain the right of other then court punishes them and restores their rights.

Advisory functions

a.    It provides suggestion and advice in legal matters to the government.

b.    It watchdogs the government activities and monitors them to do lawfully.

Check and Balance Among three organs

Though these three organs of the state functions independently they exist in reciprocal relations. They always maintain check and balance on each other’s function. They support as well as they interfere in each other’s work for making them responsible on their duty and good governance.

a.    Legislature raises questions on the work of executive.

b.    On the one hand legislature passes the budget prepared by executive on the other hand legislature may dissolve the executive any time with vote of no confidence.

c.    Legislature forms the government; the members of legislature can only be the members of executive.

d.    The members of Judiciary are approved by legislature. If judges and Chief justice found involving in unlawful activities, they can be suspended through impeachment against them.

e.    Executive head may dissolve the parliament and declare the date of Mid-term Election for fresh mandate.

f.     The decisions of government can be rejected by Judiciary.