It includes notes regarding the challenges of procedural law for exam perspective (cursory notes).
a. Challenges of procedure law.
Procedural law is a law of remedy and the concept of procedural law is very old. Despite of having the sound characteristics of procedural law it does have the challenges and they are mentioned below: -
- There is a lack of unified law.
- Division of procedural law has not been done in the proper way.
- It could be done by dividing the procedure as per individual and state party case.
- Different procedures have been mentioned in the same nature of cases.
- Confusion has been created by having various types of procedures such as general procedure , summary procedure, special procedure, administrative procedure, quasi judicial procedure.
- Serious nature of criminal cases has been mentioned as individual party cases such as incest rape.
- No unified nature in regard to precedent, which has created contradictory opinions on different types of precedent.
- Lack of proper management in pleading.
- There is a lack of detailed and scientific management of the database in regard to the number of cases.
- Centralization of Jurisdiction for certain cases like cyber cases to Kathmandu District Court and also in regard to cases of corruption.
- Lack in the implementation of code of conduct of professionals within the Court.
- The court procedure seems over formalism.
- Lack of time management, this undermines the principles of justice delayed if justice is denied.
- Media trial in the cases which are pending and are in hearing at the court.
- Politics in the judiciary.
- Not appropriate connection between the act and regulations.
Prepared and Edited By: Manish Rajak & Madhu Dahal
