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JUDICIAL ACTIVISM IN NEPAL

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General Background • The term "Judicial Activism" came into existence in the twentieth century to describe the act of judicial legislation i.e. judges involve in making positive law . • Judicial activism is the term used for the active role played by the court in a situation where statutory law is silent or even contrary. • In its early stage, judicial activism emerged in a form of judicial review, later on judiciary's active role in social life. Nowadays, public interest litigation (PIL) is an important area of judicial activism. • The present Constitution of Nepal provides fundamental rights provision for the special protection of women, children, aged, disable, marginal masses and disadvantage groups, and socio-economically deprived people . • It establishes an independent of judiciary equipped with the power of judicial review in order to realize social, political and economic justice. It has states that anyone can argue that right of locus standi has ...
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Basic Principles of Law of Evidence in Nepal

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1. Evidence must be confined to the matters in Issue 2. Best Evidence must be produced 3. Hearsay evidence is no evidence 4. He who asserts must prove 5. Principle of Estoppel Evidence must be confined to the  matters in Issue • Principle cause behind this principle is to save time of the court for not being collected unnecessary evidence and make easy to arrive in decision. • However, the court’s decision should be depended on the evidence to be presented by the disputants. • Basic theme of this principle is that the evidence to be collected either by court or to be presented by disputants should be directly related to the dispute. • Section 3 of the Evidence Act, 2031 and Section 184a of the Court Procedure (Muluki Ain) are directly related to this principle. Section 3 of the Evidence Act States that:  The court may examine evidence on the fact in issue which is to be decided by it and the relevant fact thereof.  Explanation: "Rel...
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Understanding Administrative law in context of Nepal

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Administrative Law is the law related with the administrative functions of the Administrative Agencies (the Government and its Departments). The Law involves the study of the following broad topics: Check abuse of administrative power Ensuring citizens an impartial determination of their disputes by officials Protect citizens from unauthorized encroachment on their rights and interests Make those who exercise public power be accountable to people Rule of Law is one of the most fundamental aspects of modern legal systems. Simply said, the rule says, 'howsoever high you may be; the Law is above you'. It specifies that the Law is supreme and that no human being is higher than the authority of Law. A V Dicey stated three principles to the term 'Rule of Law'. 1. Supremacy of Law :- Law is the absolute supreme and predominant as opposed to influence of arbitrary power or discretionary power. 2. Equality before Law:- There must be equali...
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