CJ’s Role In Uplifting Judiciary

President Ram Chandra Paudel appointed the Supreme Court's senior-most judge, Prakashman Singh Raut, Chief Justice of Nepal in accordance with Article 129 (2) of the constitution, replacing outgoing CJ Biswhambhar Prasad Shrestha. Raut had been nominated for the role after the Parliamentary Hearing Committee unanimously approving his candidacy. After his appointment as the head of Nepal’s judiciary, attention is drawn towards his expected performance in enhancing the paramount role of the judiciary. 

Our country’s democratic system of governance ensures that there is a separation of power among the executive, judiciary, and legislature with a view to maintaining checks and balance among these three pillars of democracy. Like the Prime Minister, who is the chief of the executive, and the Speaker, who is the head of the House of Representatives (HoR), the chief justice is the ultimate authority of our judiciary and is tasked with ensuring the effective delivery of justice at all levels of our judicial system, from the Supreme Court (SC) to high and district courts as well as other specialised judicial bodies.

Significant duty

Experts watching Nepal's judiciary say that Raut’s rise to this significant duty does present him with both opportunities and challenges. As he takes the judiciary’s helm, all eyes will be on him, as the nation has been hoping for a judicial system that fulfils its promise of justice for all. At present, the newly appointed CJ faces the pressing issue of delayed justice that poses a major challenge and has been a serious issue among the legal community and the public at large. According to some reports, there are 25,000 ongoing cases in the Supreme Court, but the existing judicial system and resources are inadequate to handle the workload, causing delayed justice in many instances.

Meanwhile, the Apex Court and other subordinate courts are having to do with an inefficient number of judges, hampering the delivery of justice in time. To address this situation, many positions should be filled immediately. Due to a lack of a sufficient number of judges, not only the delivery of verdicts on many pending cases has been delayed for years, but also the writing of comprehensive judgements after delivery of the verdicts has been done on time, causing confusion among those who have received justice. CJ Raut must work towards ending such frustrating delays, which have brought bad name to our judicial system.

Furthermore, the judiciary's infrastructure and resources are also an area of concern. Many courts are found operating under outdated conditions, lacking the necessary facilities to protect records or to accommodate the needs of the public. This shortcoming hampers efficient services and diminishes the public’s trust in the judicial system. Likewise, the judiciary must ensure that cases filed in district courts do not remain there for several years before reaching the high courts or the Supreme Court. Streamlining all pending cases to their logical end will without doubt earn a lot of praise for the new CJ.

Also, the judicial workforce faces challenges related to capacity building through timely training, seminars, and related activities. These are essential to adapting to the evolving legal scenarios of the country and outside of it. One must understand that the prospect of fair and speedy trials of legal cases remains a far cry without a well-equipped workforce. Similarly, an effective public complaint management and resolution mechanism is vital for building trust between the judiciary and the public. The judicial administration under the new CJ must ensure that such grievances are addressed in a timely manner.

Critics say that there is a need to address the demand for a permanent constitutional bench. The Nepal Bar Association has advocated for a separation of constitutional bench responsibilities from those of the Chief Justice, emphasising the importance of resources to handle constitutional issues swiftly. This, the Bar Association claimed, would improve decision quality while reducing pressures on the Apex Court.

It is generally believed that the adoption of the federal system has created some complexity in Nepal's legal system. Raut must negotiate a shifting situation in which cases arising from the new structure exert undesired pressures on the SC, where already thousands of cases have remained pending. This situation requires a higher number of judges and a smooth processing and management system of legal cases. The higher number of pending cases coupled with the demands of federalism may compel the new CJ to make strategic reforms in management and delivery systems.

Delivery of justice 

Furthermore, the retirement of experienced judges has come as no good to our judicial system, creating a necessity to fill the vacant position with individuals having sound expertise. The apex court should aspire to take benefits from the experience and expertise of retired CJ and SC judges, who can provide a smooth outcome by helping in delivery verdicts that will only enhance the prestige of our judicial system. In the light of the current situation, mainly characterised by an accumulation of cases that remain unresolved, CJ Raut should focus on setting up a system that guarantees prompt hearings and reduces unwarranted delays.

The new CJ must perform his duty with higher sense of integrity. As a Chief Justice of the nation, he has more responsibility than any other public figures. The Supreme Court is a place where all important and high-voltage legal cases pertaining individuals, institutions, our society and our nation’s well-being end up. All verdicts of the SC set up new precedence, which compels everyone to abide by such precedence. Hence, the integrity performed by the CJ will go a long way in shedding shining light on his/her career but also overall judiciary. In the past several CJs faced public censure as they deviated from their duty of maintaining high professional integrity. Finally, by focusing on structural reforms, enhancing judicial efficiency, addressing the implications of federalism, and upholding integrity, the new CJ can take Nepal’s judiciary toward a better and more trustworthy future.

(Upadhyay is a former managing editor of this daily.)