Crisis of Justice in Nepal: Who Gets It and Who Doesn’t

Constitution Study #8: An analysis of eroding faith on justice in Nepal

Political Meddling and Public Distrust in Justice

In recent years, public confidence in Nepal’s judiciary has eroded to alarming levels. From controversial rulings to suspected backdoor deals, the very institution meant to safeguard fairness and the rule of law now finds itself entangled in political webs.

Recent Examples of Political Interference:

• Attempt of Impeachment against Chief Justice Sushila Karki (2017): On April 30, 2017, 239 Members of Parliament (MPs) filed the impeachment motion against Karki. It was the first time any Chief Justice had faced impeachment. The then Judge of the Supreme Court Cholendra Shamsher Rana ruled against the move on May 5 and reinstated Karki.
• Chief Justice Cholendra Shamsher Rana’s Suspension (2022): Rana faced impeachment proceedings not solely due to his alleged misconduct, but also due to political realignments. Reports suggested political parties coordinated the move when he resisted some executive appointments—blurring the lines between accountability and retaliation.
• Impunity in Corruption Cases: Several politicians implicated in high-profile scams (e.g., the Lalita Niwas land grab, gold smuggling cases, and fake Bhutanese refugee scandal) have either evaded prosecution or benefited from procedural delays. Courts appear reluctant to confront power centers.
• Selective Enforcement: Political opponents often face swift charges, while ruling party members are granted procedural leniency, bail, or silence from investigative agencies.

The judiciary’s proximity to party interests has created a justice system that feels arbitrary, inconsistent, and aligned with power rather than principle. This has weakened the moral authority of the courts and shaken citizens’ belief in equal justice.

What Does the Constitution Say?

Despite the current realities, the Constitution provides a comprehensive framework for justice in Nepal:

Article 20: Right to Justice

• Guarantees the right to fair trial, legal counsel, and presumption of innocence.
• Emphasizes judicial independence and impartiality.

Article 21: Rights of Crime Victims

• Ensures victims’ rights to information, participation, compensation, and dignified treatment.

Article 42: Right to Social Justice

• Mandates proportional inclusion of women, Dalits, Adivasis, Madhesis, Muslims, backward regions, and gender minorities in state bodies.

The Constitution, on paper, envisions justice not only as due process in courts but as a tool of social transformation. Justice in Nepal is not just about being heard—it’s about being seen, represented, and uplifted.

Loopholes That Enable Political Influence

While the Constitution upholds judicial independence in principle, several weaknesses open the door for manipulation:

1. Judicial Council Composition (Article 153):
   • The Chief Justice heads the Council, but its members include a minister, the senior-most justice of the Supreme Court, a nominee of the President (on executive advice), and a senior advocate recommended by Nepal Bar Association.
   • The fact that three of five members are directly affiliated to politics (and there is a high possibility of the Chief Justice and the Judge to be politically oriented as well) allows ruling parties to influence judge appointments, transfers, and promotions.
2. Impeachment as a Political Tool (Article 101):
   • Judges can be impeached by a fourth of Parliament members. While this ensures accountability, it can also be abused as a weapon by political factions.
3. Delay in Judicial Appointments:
   • The executive has frequently delayed nominations to influence court compositions during key cases.
4. No Constitutional Limit on Interim Orders:
   • Frequent, ambiguous interim orders from courts create a perception of tactical favoritism, especially when sensitive political or corruption cases are involved.

Why People Are Losing Faith

The erosion of judicial credibility isn’t merely procedural—it’s deeply emotional and experiential. People lose faith when:

• Cases drag on for years without resolution.
• Judges with known political leanings preside over politically sensitive cases.
• Victims of caste-based violence or rape fail to get justice while perpetrators are shielded by local or national politicians.
• Legal aid remains inaccessible for those who can’t afford it, making justice a privilege for the rich.

In Fiscal Year 2022/23, Nepal scored 0.52 in the Rule of Law Index—barely halfway to an ideal system. That doesn’t mean there is no justice in Nepal. It means that the law works—sometimes. For some. But for millions of Nepalis, especially those from rural, Dalit, and indigenous communities, it works slowly, selectively, or not at all. Surveys and government reports suggest these groups rarely seek legal redress unless absolutely necessary—and when they do, they often feel unheard, humiliated, or dismissed.

The Path Forward: Reclaiming Justice

Justice in Nepal can be saved, but only through urgent reforms rooted in transparency, inclusivity, and courage.

Suggested Reforms

1. Revamp the Judicial Council: Exclude executive members; ensure the Council is independent with balanced representation from civil society, bar associations, and retired justices.
2. Transparent Appointment Processes: Publish criteria and reasoning for judicial nominations, transfers, and promotions.
3. Strengthen Legal Aid: Expand the budget and outreach of legal aid centers, particularly in marginalized and remote areas.
4. Language and Accessibility Reform: Provide translation and legal materials in local languages; make courtrooms less intimidating for laypeople.
5. Empower Local Justice Systems: Incorporate indigenous dispute resolution mechanisms under constitutional safeguards to serve communities historically left behind.
6. Establish Independent Judicial Oversight: Create an autonomous ethics commission for judges to investigate misconduct separate from parliamentary impeachment.

Conclusion: A Constitution is Only as Strong as Its Execution

The Constitution of Nepal speaks eloquently of justice—legal and social, personal and collective. But when laws are manipulated and courts become extensions of political games, the promise becomes a lie.

Justice must be rebuilt—not through slogans or courtroom formalities, but by restoring dignity to the powerless, accountability to the powerful, and trust to the people. Without that, justice in Nepal will remain, tragically, a word in a book few can afford to believe in.