Judiciary class 8.

 very short answer questions

1. What is Judiciary?
Judiciary is the independent organ of the government whose function is to provide justice to the innocent, punishment to the culprit and safeguard the rights and duties of the citizen.

2. What is the main function of Judiciary?
The main function of judiciary is to give equal justice to the people by using prevailing law.

3. How many High Courts are there in Nepal?
There are 7 high courts in Nepal.

4. Who is the present Chief Justice of Nepal?
Cholendra Shumsher Rana is the present Chief Justice of Nepal.

5. How are the judges of District Courts appointed?
The judges of District Courts are appointed by the Chief Justice of Supreme Court under the recommendation of Judicial Council.
6. Who exercises the judicial power in Nepal?
The Supreme Court exercises the judicial power in Nepal.

Short answer questions

1. How are the Chief Justice and the other Judges of the Supreme Court appointed? Mention it.
The chief justice of supreme Court are appointed by President on the recommendation of Constitutional Council and 14 permanent judges along with more judges as per requirement. The tenure of the Chief Justice is 6 years and the maximum age is 65 years.Supreme Court is the court of records. It has the power to interpret the constitution and it is also responsible for safeguarding the rights of the people.

2. What do you mean by Court of Record?
A court of record is a court whose proceedings, acts and decisions are all kept on a permanent record.
OR
A court whose judgments and proceedings are kept on permanent record and that has the power to impose penalties for contempt is called the Court of Record.

OR
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.

A court clerk or a court reporter takes down a record of oral proceedings.That written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law.

3. How many tiers of courts are there and what are they? Mention.
There are three tiers of Courts in Nepal. They are Supreme Court, the High Court (Court of Appeal) and the District Courts.

• District court: There are 77 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.

• High Court: There are 7 high 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. It consists of a chief justice appointed by President on the recommendation of Constitutional Council and 14 permanent judges along with more judges as per requirement. The tenure of the Chief Justice is 6 years and the maximum age is 65 years.Supreme Court is the court of records. It has the power to interpret the constitution and it is also responsible for safeguarding the rights of the people.


4. What are the main functions of Judiciary? List them.

The main functions of Judiciary are:
1.To give equal justice to the people by using the prevailing law,

2.To protect people's fundamental rights, and freedom,

3.To punish the guilty and save the innocent as per the law,

4.To interpret the constitution if there is any controversy and clarify the concept of law,

5.To advice and counsel the Legislative and Executive bodies on the various complicated legal curiosities and problems,

6.To look after the implementation of law.

Extra questions.
5. What are the functions of Supreme Court?

The functions of Supreme Court are

To declare that law to be void if it appears to be inconsistent with the constitution,

To issue necessary and appropriate orders and provide appropriate remedies for the enforcement of fundamental rights,

To issue appropriate orders and writs including the writs of habeas corpus , mandamus , certiorari, prohibition and,

To hear Original cases, to hear appeals, to examine decision referred for confirmation,review cases, hear petitions or review its judgments.





Long answer questions

1. Why is Judiciary important? Describe any three function of it.
Judiciary is the independent organ of the government whose function is to provide justice to the innocent, punishment to the culprit and safeguard the rights and duties of the citizen.

It is important for providing equal justice to the innocent people.

The function of it are:

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.

2.Write the qualifications and the process of appointment of the judges of Supreme Court.

Supreme Court is the highest court in the judicial system of Nepal. All the. courts and judicial institutions are subordinate to it. Supreme Court is the Court of Record in the sense that its decisions are recorded for perpetual memory and testinmony. Thee Supreme Court may inspect, supervise and give necessary directives to its subordinate courts and judicial bodies. In addition to the Chiet Justice, there are maximum 20 judges in the Supreme Court.

Appointment: President appoints Chief Justice on the recommendation of Constitutional Council and judges of the Supreme Court on the recommendation of Judicial Council.

Qualification and Tenure of Chief Justice: Any person who has served as a Judge of the Supreme Court for at least three years is qualified for appointment as the Chief Justice. The tenure of office of the Chief Justice is six years from the date of appointment and retires at the age of 65 years.

Qualification of Judges of Supreme Court:
1. Any citizen of Nepal who has obtained a bachelor's degree in law and served as the Chief Judge or a Judge of a High Court for at least five years or
2.who has obtained a bachelor's degree in law and constantly practiced law as a senior advocate or advocate for at least fifteen years or

3. Who is a distinguished jurist having constantly worked for at least fifteen years in the judicial or legal field or

4 who has served in the post of Gazetted first class or a higher post of the Judicial Service for at least twelve years.