PART -V ADMINISTRATION OF JUSTICE

PART -V ADMINISTRATION OF JUSTICE

48. Justice shall be affordable and speedy. Elementary civil and criminal justice shall be administered by the village panchayats in such manner and subject to such restrictions and supervision as may be prescribed by law.

49. Justice shall be administered by Judges in public courts, established for the purpose. The court shall comprise courts of first instance and also courts of appeal.

50. Subject to the provisions of this Act, the organization and management of courts, the distribution of jurisdiction and business among the court judges, the method of recruitment, terms and conditions of service of Judges and all other matters relating to administration of justice shall be regulated by law.

51. Special courts may, in extraordinary circumstances, be established by Shree Teen Maharaja, if he considers that the procedure of ordinary courts would not be adequate to secure the preservation of public peace and order.

52. (a) Shree Teen Maharaja shall appoint from among the members of the Legislative Assembly, a Judicial Committee, which shall consist of not more than twelve members including two members with special qualifications from outside the Legislative Assembly.
(b) The Committee shall have Authority-
(i) To frame Rules and Sawals (Regulations) to secure justice for all, regarding composition of the benches, proceeding of the Hearing, in the special cases so prescribed.
(ii) To carry out the provisions as specified in Section 67 of this Act.
(c) Subject to the provisions of this Act, Rules regarding the composition and functions of this Committee shall from time to time be framed by the Government.
53. (a) There shall be a Supreme Court for Nepal (Pradhan Nyayalaya).
(b) The Supreme Court shall consist of a Chief Justice and such other Judges, not exceeding twelve in numbers, as Shree Teen Maharaja may from time to time deem it necessary to appoint.
Provided that Shree Teen Maharaja may, on the recommendation of the Chief Justice, appoint to act as additional
judges of the Supreme Court, for such period, not exceeding two years, as may be required; and the judges so appointed shall, while so acting, have all the powers of a judge of the Supreme
Court.
54. Every permanent judge of the Supreme Court shall hold office until he attains the age of sixty-five years:
(a) A judge may by resignation under his hand addressed to Shree Teen Maharaja resign his office;
(b) Shree Teen Maharaja shall not remove any judge from his office unless the joint sessions of the Legislative Assembly do not pass a resolution on the ground incapacity and misbehaviour.

(c) Shree Teen Maharaja shall remove a judge, if the Judicial
Committee recommends to him that a judge is incapacitated or incapable, on the ground of committing High Crimes on being mentally or physically incapable to discharge his duty.
(d) The judges of the Supreme Court shall receive such remunerationas Shree Teen Maharaja may fix; but the remuneration shall not be altered during their continuance in office.
55. The Supreme Court shall maintain the classification of cases and its record and shall have the jurisdiction and authority over the subordinate courts and matters relating to justice as prescribed in the law.
56. The Supreme Court shall have supervisory authority over all Courts within its jurisdiction and may do any of the following things,-
(a) To hear case upon call for returns and cause to do so;
(b) Direct to transfer of any suit or appeal from any such court to any other Court of equal or superior jurisdiction;
(c) Make and issue Rules and prescribe forms for regulating the practice and proceedings of such courts;
(d) Prescribe forms in which books, entries, accounts and case files shall be kept by the Courts;
Provided that such rules and forms shall be consistent with the provisions of any law for the time being in force.
57. Until steps have been taken in regard to any matter Covered by the provisions of this chapter, the existing laws and regulations in regard to that matter shall continue to be in force.
58. Act shall be made for the protection of judges and other officers acting judicially, for acts done or ordered to be issued by them in good faith in the discharge of their duties.
59. Nothing contained in this Act shall derogate from the right of Shree Teen Maharaja to grant pardons, reprieves, respites, or remission of punishments.