District Courts Of Nepal

The District Court of Nepal is the lowest level of court in Nepal and the first instance court for most of the cases in the country. The District Court has original jurisdiction over civil and criminal matters, as well as some other matters as prescribed by law. The District Court also hears appeals from the judicial committees of the local levels, which are the lowest level of judicial bodies in Nepal. The District Court plays an important role in providing access to justice, resolving disputes, and maintaining law and order in Nepal. In this article, we will explore the history, composition, jurisdiction, procedure, and functions of the District Court of Nepal.

History of the District Court of Nepal

The history of the District Court of Nepal can be traced back to the establishment of the Muluki Ain or National Code in 1854 by Jung Bahadur Rana, the first Prime Minister of Nepal. The Muluki Ain introduced a uniform legal system in Nepal and abolished the traditional caste-based laws. The Muluki Ain also established a three-tiered judicial system consisting of:

• The Mukhya Adalat or Chief Court, was the highest court in Nepal. It consisted of five judges appointed by the Prime Minister. It heard and decided appeals from lower courts on civil and criminal matters.
• The Madhyama Adalat or Intermediate Court, was a regional court established in each province. It consisted of three judges appointed by the Prime Minister. It heard and decided original cases on civil and criminal matters.
• The Upa Adalat or Subordinate Court, was a local court established in each district. It consisted of one judge appointed by the Prime Minister. It heard and decided original cases on minor civil and criminal matters.

The Muluki Ain was revised several times in 1910, 1936, 1952, 1963, and 2017 to incorporate changes in the legal system and society of Nepal.

The current District Court of Nepal was established by the Interim Constitution of Nepal 1951 after the end of the Rana regime and the restoration of democracy in Nepal. The Interim Constitution provided for a Supreme Court consisting of a Chief Justice and four other Justices appointed by the King on the recommendation of the Prime Minister, a High Court consisting of a Chief Judge and two other Judges appointed by the King on the recommendation of the Prime Minister, in each province, and a District Court consisting of a Judge appointed by the King on the recommendation of the Prime Minister, in each district. The Interim Constitution also gave the District Court the power to hear original cases on civil and criminal matters, and to hear appeals from judicial committees of the local levels.

The Interim Constitution was replaced by several constitutions in 1959, 1962, 1990, 2007, and 2015, which made some changes in the structure, composition, jurisdiction, procedure, and functions of the District Court. The current constitution is the Constitution of Nepal, 2015, which came into force on September 20, 2015, after the end of the decade-long civil war and the abolition of monarchy in Nepal. The Constitution of Nepal, 2015, provides for a federal democratic republic system in Nepal, with three branches of government: the executive, the legislature, and the judiciary.

Composition of the District Court of Nepal

The Constitution of Nepal, 2015 provides for one District Court in each district of Nepal. There are currently 77 districts in Nepal, thus there are 77 District Courts in Nepal. Each District Court consists of one Chief Judge and other Judges as prescribed by law. The number of Judges in each District Court is determined by law based on the population, geography, workload, etc., of each district. The current number of Judges in each District Court is as follows:

• Province No. 1: 70 Judges (including Chief Judges)
• Province No. 2: 63 Judges (including Chief Judges)
• Bagmati Province: 86 Judges (including Chief Judges)
• Gandaki Province: 49 Judges (including Chief Judges)
• Lumbini Province: 68 Judges (including Chief Judges)
• Karnali Province: 35 Judges (including Chief Judges)
• Sudurpashchim Province: 40 Judges (including Chief Judges)

The Chief Judge and other Judges of each District Court are appointed by the President on the recommendation of the Judicial Council. The Judicial Council consists of five members: the Chief Justice as chairperson; the Minister of Law, Justice, and Parliamentary Affairs; the senior-most Justice of the Supreme Court; a senior advocate or a distinguished jurist appointed by the President on the recommendation of the Nepal Bar Association; and a senior advocate or a distinguished jurist appointed by the President on the recommendation of the Prime Minister as members. The Judicial Council recommends candidates for appointment as Chief Judge or Judge of District Courts from among those who have served as Gazetted first class officer or equivalent post in Judicial Service for at least seven years, or have obtained a bachelor's degree in law and practiced law as an advocate for at least seven years, or are distinguished jurists having worked for at least seven years in the judicial or legal field.

The term of office of the Chief Judge and other Judges of each District Court is until they attain the age of sixty-three years. The Chief Judge and other Judges may resign from office at any time by submitting resignation to the President. The Chief Judge and other Judges may be removed from office by an impeachment motion passed by a two-thirds majority of the House of Representatives on the grounds of incompetence, misconduct, failure to discharge duties honestly, or physical or mental incapacity.

The administrative head of each District Court is the Registrar. In addition to the Registrar, one Deputy Registrar, and four Assistant Registrars are appointed to lead different departments of each District Court and offer administrative assistance to the Court. Officers of each District Court are appointed by the Government of Nepal under the recommendation of the Judicial Service Commission.

Jurisdiction of the District Court of Nepal

The Constitution of Nepal, 2015 provides for both original and appellate jurisdiction of the District Court over various types of cases. The original jurisdiction means that the District Court can hear and decide cases that are directly filed before it, without going through lower courts or other tribunals. The appellate jurisdiction means that the District Court can hear and decide appeals from lower courts or other tribunals on questions of law or fact.

The original jurisdiction of the District Court covers:

• Civil matters, such as property disputes, contracts, debts, torts, family matters, etc.
• Criminal matters, such as thefts, murders, rapes, assaults, frauds, etc.
• Revenue matters, such as taxes, duties, fees, fines, etc.
• Service matters, such as appointments, promotions, transfers, pensions, disciplinary actions, etc.
• Any other matters as prescribed by law.

The appellate jurisdiction of the District Court covers:

• Appeals from decisions of judicial committees of local levels on civil and criminal matters.
• Appeals from decisions of specialized courts or tribunals on matters as prescribed by law.

The procedure of the District Court of Nepal

The Constitution of Nepal, 2015 provides for some general principles and rules regarding the procedure of the District Court. The specific rules and regulations regarding the procedure are prescribed by law or by rules made by the District Court itself.

Some of the general principles and rules regarding the procedure are:

• The District Court shall sit in panels or benches consisting of one or more Judges as determined by it. The Chief Judge shall assign cases to different panels or benches.
• The District Court shall conduct its proceedings in public, except when it decides otherwise in special circumstances. The District Court shall publish its judgments, orders, decrees, rulings, opinions, etc., along with reasons thereof.
• The District Court shall hear oral arguments from parties or their lawyers, as well as written submissions or briefs. The District Court may also seek opinions from experts, amicus curiae (friends of the court), intervenors (third parties with an interest in the case), etc., as it deems necessary.
• The District Court shall apply constitutional provisions, laws, precedents, general principles of justice, equity, good conscience, etc., while hearing and deciding cases. The District Court shall also consider international treaties and conventions that are ratified by Nepal while interpreting laws.
• The District Court shall have all necessary powers to do complete justice in any case before it. The District Court may issue any order or direction that is necessary for securing the ends of justice. The District Court may also review its own judgments, orders, decrees, rulings, opinions, etc., on its own motion or on an application made by any party within a reasonable time.

Functions of the District Court of Nepal

The Constitution of Nepal, 2015 provides for various functions of the District Court that are essential for the administration of justice and the protection of constitutionalism in Nepal. Some of these functions are:

• Interpretation: The District Court interprets the meaning and scope of the constitution and laws of Nepal, and resolves any ambiguities, conflicts, or controversies that may arise from them. The District Court also interprets international treaties and conventions that are ratified by Nepal and harmonizes them with domestic laws.
• Application: The District Court applies the constitution and laws of Nepal to specific cases and situations, and determines their validity, effectiveness, and consequences. The District Court also applies general principles of justice, equity, and good conscience to supplement or fill in any gaps in the Constitution and laws.
• Review: The District Court reviews the decisions of judicial committees at local levels, and corrects any errors, injustices, or irregularities that may have occurred in them. The District Court also reviews the decisions of specialized courts or tribunals and corrects any errors, injustices, or irregularities that may have occurred in them. The District Court also reviews the actions, policies, or legislation of other branches of government, and checks whether they are consistent with the constitution and laws of Nepal.
• Protection: The District Court protects the fundamental rights and freedoms of the people, and ensures that they are not violated or infringed by any person or authority. The District Court also protects the separation of powers and checks and balances among the different branches of government and ensures that they do not encroach upon each other's domains or functions.
• Enforcement: The District Court enforces its own judgments, orders, decrees, rulings, opinions, etc., and ensures that they are complied with by all concerned parties or authorities. The District Court also enforces the constitution and laws of Nepal and ensures that they are observed by all persons or entities.

Conclusion

The District Court of Nepal is the lowest level of court in Nepal and the first instance court for most of the cases in the country. The District Court has original jurisdiction over civil and criminal matters, as well as some other matters as prescribed by law. The District Court also hears appeals from the judicial committees of the local levels and the specialized courts or tribunals. The District Court plays an important role in providing access to justice, resolving disputes, and maintaining law and order in Nepal. The District Court consists of one Chief Judge and other Judges as prescribed by law in each district. The Chief Judge and other Judges are appointed by the President on the recommendation of the Judicial Council. The term of office of the Chief Judge and other Judges is until they attain the age of sixty-three years. The administrative head of each District Court is the Registrar. In addition to the Registrar, one Deputy Registrar, and four Assistant Registrars are appointed to lead different departments of each District Court and offer administrative assistance to the Court. Officers of each District Court are appointed by the Government of Nepal under the recommendation of the Judicial Service Commission.

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