Nepal | June 02, 2020

EDITORIAL: Going federal

The Himalayan Times
Share Now:

All the High Courts must maintain uniformity in delivering timely justice, and the judicial council has to keep a vigil on anomalies in the federal justice system

The government formed the High Courts in all seven Pradeshes and also designated their headquarters on Wednesday.

Biratnagar shall be the High Court headquarters for Pradesh No-1, Janakpur for Pradesh No-2, Patan for Pradesh No-3, Pokhara for Pradesh No-4, Tulsipur for Pradesh No-5, Surkhet for Pradesh No-6 and Dipayel for Pradesh No-7.

Earlier, there had been Appellate Courts in all these cities.

The rest of the nine places where Appellate Courts had been stationed have been designated as subordinate benches under the jurisdiction of the respective High Courts.

But the designated headquarters of the High Courts are temporary and they will be shifted towards the places where an elected Pradesh Assembly will choose its provincial capital.

With the formation of the High Court, federalism has officially come into operation. The government constituted the seven High Courts in accordance with the recently amended and integrated judicial administration, judicial council, judicial service and Supreme Court Act.

The government will appoint chief judges of the High Courts after the decision is published in the gazette. The High Courts will start working from September 18 onwards.

All the High Courts shall do the jobs which used to be done by the Appellate Courts with more judicial powers.

Constitutional experts have said that the formation of the High Court is a first step towards the implementation of federalism from the judiciary. The set principle of seniority has been maintained in a manner that the chief judge of the High Court shall be promoted to the Supreme Court.

The High Court has also been given more judicial power than the Appellate Court. For example, a High Court verdict on certain types of cases shall be final and no appeal can be made to the apex court.

It is hoped that the judiciary shall be more inclusive; set new precedents applicable with the Pradesh; and people shall have easy access to the judiciary, and the High Court also shall have the right to hear PIL (public interest litigation) which is a new provision not enjoyed by the Appellate Court.

With the formation of the High Court the apex court will be burdened with a few cases. Although the High Court has been constituted in line with the principle of federalism, constitutional experts have said that the Supreme Court has retained the power of making appointments of all the judges from the lower courts to the High Court.

But others have defended it saying that the apex court has been given this power to maintain uniformity and quality of justice delivery at all levels and in all Pradeshes.

One of the drawbacks of the law passed by Parliament regarding the formation of the High Court is that it cannot act as a court of record as in India.

Legal experts have also stressed the need to constitute a special bench within the High Court to look into special cases like taxation for which a judge having expertise on it is required.

The challenges ahead are that all the High Courts must maintain uniformity in delivering timely justice, and the judicial council has to keep a vigil on anomalies in the federal justice system.

Fighting fire

The firefighting capacity existing at present needs boosting as it is not able to fight fires in many municipalities.

The number of municipalities with fire engines will be 122 this current fiscal year. At present, of the municipalities totaling 217 only 100 of them possess fire engines.

We would be having more fire engines as the government is procuring an additional 34 such engines. The government has not been able to provide fire engines to all the municipalities.

The local bodies should be provided with at last one fire engine each, and they also need excavators, rollers, bulldozers and garbage trucks which is now woefully lacking. Some fire engines and firefighting equipment have been gifted to Nepal which would help fight fires.

A year these days sees at least 1,500 fire incidents which on an average kill 43 people and causes loss of property worth at least 350 million rupees.

Humans are to be blamed for much of the fires due to mishandling of candles, burning cigarette butts, short circuit, leakage of cooking gas. They are also caused by explosion of gas cylinders and burning stoves.

Therefore, the incidence of fires could be reduced if even simple precautions were taken.



A version of this article appears in print on September 16, 2016 of The Himalayan Times.

Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

Timo Werner

Leipzig move into third spot with 4-2 win at Cologne

BERLIN: RB Leipzig reclaimed third place in the Bundesliga with an entertaining 4-2 victory at Cologne on Monday that put them firmly on course for a Champions League spot with five games left in the season. Leipzig's second win in their last six league games put them two points ahead of Bo Read More...

Yubaraj Khatiwada

Idea came from private schools: Khatiwada 

Education Minister Pokharel says he had no clue about it  Kathmandu, June 1 Finance Minister Yubaraj Khatiwada today said the proposal to make each private school responsible for improving education quality of at least one public school was brought in consensus with the private school owners. Read More...

Nepal's Constitution

JSP-Nepal registers private constitution amendment bill 

Kathmandu, June 1  Janata Samajwadi Party-Nepal today registered a private constitution amendment bill at the Parliament Secretariat seeking to change several provisions of the constitution to address the demands of Madhesis, Janajatis and other marginalised groups and communities. The J Read More...

Plan to evacuate Nepalis from abroad unveiled

KATHMANDU, JUNE 1 The government has released an 11-point action plan to bring back and manage citizens who have been affected by COV- ID-19 and want to return home. Deputy Prime Minister Ishwor Pokharel, who is also coordinator of the High-Level Coordination Committee for the Prevention and C Read More...

Quarantined people’s swabs collected after minor’s death 

Bajura, June 1  The swab samples of people kept in the quarantine facility at Dhuralsain Secondary School were collected after the death of a two-year-old child in Budhiganga Municipality, Bajura. Municipality Mayor Dipak Bikram Sha said the child, who was infected with COV- ID-19, died Read More...

Tourist standard hotels agree to government rate for quarantine

KATHMANDU, JUNE 1 Tourist standard member hotels of the Hotel Association Nepal are ready to provide quarantine service at Rs 2,000 per night with four meals a day. Disclosing member hotels’ decision today, Binayak Shah, first vice-president of HAN, said, “Our proposal was to charge Rs 3,0 Read More...

Ten new Covid-19 cases detected in Gandaki province, five each in Parbat and Syangja

POKHARA: As many as 10 new cases of coronavirus infection were detected in Gandaki Province on Tuesday morning, taking the provincial tally to 37. According to Gandaki Health Directorate, Parbat reported its first five confirmed cases while the other five hailed from Syangja. Among the infecte Read More...

12 migrants returning from India killed in accident

NEPALGUNJ, JUNE 1 Twelve persons were killed and 21 were injured when a vehicle carrying migrant workers returning from India met with an accident in Thuriya forest of Banke’s Rapti Sonari Rural Municipality last night. According to District Police Office, the accident occurred when a bus ca Read More...