In line with the constitutional provision of dissolving Appellate Courts and replacing them with High Courts, the second tier of judiciary in the new statute, the Ministry of Law, Justice and Parliamentary Affairs (MoLJPA) has begun drafting laws to streamline High Court’s structure, jurisdiction and other operational issues.

The Article 300 (3) of the Constitution of Nepal states that the Appellate Courts will be dissolved and replaced by High Courts in a year since the commencement of the constitution.

The existing 16 Appellate Courts will be dissolved by September this year to pave the way for creation of seven High Courts for each federal province.

High Court, the highest Court of appeal at the provincial level, will have similar jurisdiction to that of the Appellate Court. It will have the authority to interpret the Federal rules, according to officials privy to drafting laws governing the courts.  

While a majority of the laws have been drafted, law ministry officials say, some are in process of getting consent from the Cabinet to draft the required bill. “We plan to present the bills in Parliament before the first week of April,” said Dilli Raj Ghimire, spokesperson for the MoLJPA. Laws relating to law services administration, personnel, perks and benefits, among others are being drafted.

After the dissolution of the Appellate Courts, their resources will be used for seven High Courts, Ghimire said. “The High Courts are unlikely to face resource crunch.”

Experts, however, say that the government should focus more on upgrading existing capacity of the Appellate Court before they are converted into High Court.

“The government at present is more focused on increasing the number of judges. Instead, it should have put emphasis on enhancing institutional capacity of the courts,” said an Appellate Court judge, requesting anonymity as he is not authorised to speak to the media.

The MoLJPA has set an ambitious plan of amending or replacing a majority of the laws in line with the new constitution by April 12. It has categorised the laws in various priority areas for the purpose. There are laws relating to 57 different areas, including on citizenship, fundamental rights and formation of commission.