Undersecretary (Internal) Justice Group 2nd Paper Exam Question 2079.09.03

Public Service Commission

Nepal Judicial Service, Justice Group, Gazetted Second Class, Deputy Secretary or equivalent (Non-Technical) Post Internal Competitive Written Examination Date: 2072/10/03 Time :- 3 hours Paper :- II

Subject - Service related (Justice Group)  Full Marks :- 100

Answers to the following questions should be written in separate answer sheets.

1. Since the constitution is the basic law of the country, it is also called the supreme law of the state. It is the legal mechanism of state operation. Issues such as the arrangement of the political system according to the people's wishes, the creation of government organs for the administration of the state, the structure, formation and division of functions of those organs, interrelationships and the relationship between the state and the people and fundamental rights are arranged and addressed in the constitution. The country has provided it as a fundamental right in the constitution. Fundamental rights are considered to be reflected against the state and this supports the concept of limited government. In case of violation of fundamental rights, constitutional provision for remedy is also made. The role of the court is considered important in the protection and implementation of the fundamental rights provided by the constitution. Although the history of constitutional development in Nepal is not very long, currently the seventh constitution is in force. In this context, in the course of the constitutional development of Nepal, the law-makers have been briefly mentioning the fundamental rights and analyze the practice of judicial activism in the protection and implementation of the fundamental rights. (15)

2. Courts are empowered by law to exercise discretion. Judicial decisions should be reasoned. It is not enough to do justice, it is also necessary to look like you have done justice. At the time of the final decision, justice should be reflected not only by judging, but also in the court process. Decisions that do not reveal the basis and reason are not just justice, but there is a danger that the decision may turn out to be whimsical. There is no condition to get it. When a show cause order is issued after a writ petition is filed in the court, the reason is often not shown. The act of giving an order without opening it because of the wrong thing, also increases the pressure of writs in the court and due to the pressure of cases, justice may be delayed. If other bodies make a decision without showing reasons, there are cases where decisions are made that it is whim or abuse of discretion or the use of judicial mind. Moreover, when a show cause order is issued by a single judge's bench, it is said that an act that does not consider it necessary to show reasons affects the integrity of justice.

In order to reduce the backlog of the court by reducing the number of writs, and to maintain judicial cleanliness by making a legal provision for orders with reasons, it is appropriate to have a provision for opening reasons in the order to show cause, is it not? If such an arrangement is made, what effect will it have? Analyzing logically, what kind of provision should be made in which law to implement this system? Give original suggestions. (20)

3. The report of the commission shows that the success rate of the cases filed by the Abuse of Authority Investigation Commission is the weakest in the last decade. A.W. It has been published in the commission's report that the percentage of successful cases by the authority decreased to 80% in 070/71, 815% in 2071/72, and 60% in 072/73. In this way, the commission held a press conference and accused the special court of acquitting the defendants contrary to the precedent established by the Supreme Court. The authority argues that the special court ignored the facts and evidence, based on the statement of the accused and ignored the existing evidence. It is not common for a responsible agency of the state to accuse the court, if there is any error by the special court, the authority can go to the Supreme Court with a demand to correct the error. On the one hand, it is said that the commission has been accused of diverting attention from the accusation that the commission is indifferent to investigating the financial scandals of big people with political access, but on the other hand, the investigation process of the commission should be radically changed. It is also said that only the investigation is effective and success is achieved in the case.

In the above environment, what kind of problems do you see in order to achieve the success of the Investigation Commission on Abuse of Authority in the case of corruption? Identify and mention the causes of the problem, and what improvements should be made to solve the problem? Introduce analytical thinking. (6+6+8=20)

4. The management of hearings in the courts and the appointment of judges to hear the cases on the daily hearing list is considered a matter of internal autonomy of the judiciary. In the past, after the case was registered in the district courts, the whole process up to the judgment was done by a single judge. After study reports and stakeholders pointed out that this system has increased corruption-related activities and distortions in the judiciary and had a serious adverse effect on public faith, since March 2078, courts have been forming benches and assigning cases using the Gola system. In this context, after reviewing the basic process and the effectiveness of the process mentioned in the procedures for assigning cases from the Gola system implemented in the courts of all levels, what effect has been seen in the case management and case delay in the courts after the adoption of the Gola system? Rate it. Also, present the problems seen in this regard and concrete measures to be taken to solve them. (20)

5. Looking at the objectives of the United Nations, there are elements such as living together in a peaceful manner, not using armed force except in the common interest of increasing economic and social progress, and accepting the principles of developing the institutional system. Also, not to let peace be destroyed, to take collective action against attacks, to resolve disputes in accordance with the principles of justice and international law. It seems that things like developing friendly relations based on equal rights and creating non-discrimination are also the objectives of the League of Nations.

Looking at the structure of the Permanent Committee of the Security Council in Article 23 of the Charter of the United Nations, it does not have the representation of African and South American countries, nor does it include the defeated side in the Second World War. The Standing Committee of the Security Council of the United Nations does not seem to be representative. The United Nations has been criticized for not having a fair representation in the unit of the United Nations that can use the right of prohibition * (Veto). Similarly, looking at Articles 26 and 47 of the Charter, the importance of the permanent members of the Security Council can be seen in the Military Staff Committee which establishes the regulation system of peace and security.

Article 53 of the Charter accepts the concept of an enemy state, and it seems that any state that was an enemy of the signatory state in World War II is considered an enemy state. Also, Article 77 seems to assess that provinces can be separated from enemy states as a result of the Second World War. In this way, it is also seen that a distinction is made between the states that initially signed the charter and their enemy states. In the bureaucracy of the United Nations, those who spend a lot of money, complain that they hire too many employees or reach the leadership level. Therefore, their value system, narratives and policies are only affected when policies are made or implemented. No, it is also said that the strategy is made accordingly. As a result, it is also alleged that there is soft interference in the economic, social, cultural and political fields of developing and especially landlocked states or that their voices are not heard, small poor and especially landlocked states are not getting equal treatment.

In the wars after the establishment of the League of Nations in the world, there is a role of some member of the Standing Committee, so it is said that the right of prohibition (Veto) has failed to stop the war or incitement of war by those states. Accusations of exercising rights without duty or being indifferent to duty are heard in abundance.

It is also alleged that the aid received from the League of Nations is spent in the social sector rather than material development, and although the League of Nations has succeeded in teaching the Third World countries to demand rights, they have not paid attention to the observance of duties along with rights.

In this context, review the work done by the United Nations to achieve its objectives and logically mention the shortcomings in the implementation of its Charter and policies. In addition, in the future, what kind of reforms should be made in the charter and policies of the United Nations to make the United Nations be able to treat all nations equally, be representative, prevent wars and reduce the duration of wars, be oriented towards physical and structural development rather than social, and be more sensitive to poor and landlocked states? Present analytical suggestions. (25)

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