Nepal’s judiciary: Is independence a reality or a myth?
Photo by Mohamed Hassan for Pixabay The existence of an independent judiciary is widely considered a prerequisite for any nation that seeks to safeguard democracy, the rule of law and the fundamental rights of its citizens. Independent judiciary is a sine qua non for any democratic nation that aspires to protect the rights and freedoms of its citizens. Judicial independence refers to the ability of courts and individual judges to perform their duties impartially and free from any external pressures, inducements or interference. While Nepal’s constitution elucidates lofty ideals and protections to ensure the independence of the judiciary, scepticism is rife among both legal experts and the general public about whether this exists in practice versus just on paper. It is imperative that we critically analyse the various factors that shape judicial independence, identify gaps between constitutional theory and ground realities, and mobilise political and public will for undertaking re...