The recent findings of World Justice Project Rule of Law Index 2016 present us with encouraging findings. Among the South Asian countries Nepal ranks first in rule of law index. Which means, the observance of rule of law in Nepal ranks top among the South Asian countries. Nepal ranks 63rd among 113 countries with an overall score of 0.52. This rule of law index and ranking is based on consideration of Constraints on Government Powers, Fundamental Rights, Civil Justice, Civil Justice, Order and Security, Criminal Justice, Open Government, and Regulatory Enforcement. Nepal’s ranking with the overall score of 0.52 despite being in the low-income group can be considered positive despite the fact that Nepal ranked 48th among 102 Countries in 2015 with an overall score of 0.53.
The concept of rule of law as it reflects the overarching principle that demands the fair and just administration of the law as a minimal requirement. The World Justice Project has derived its definition of rule of law from internationally accepted standards, the World Justice Project’s definition which includes accountability under law, just legislation, effective and efficient implementation of the legislative provision, and delivery of justice in a timely manner by an independent judiciary. Hence, the concept of rule of law encompasses the totality of a fair and just process from legislation to enforcement of judgments. The adherence to rule of law is primary requisite for peace, justice, and equality.
The track record of Nepal in justice and human rights commitment is not very encouraging. The government of Nepal is criticized at home and abroad regularly for its failure to comply with human rights obligations. In this context, findings from the rule of law index give hope in terms of the role of judiciary towards the compliance with rule of law. The findings this shows Nepal need do improve on the issue of corruption and civil justice.
The judiciary and other stakeholders must analyze the findings of the world justice project and look into the ways to improve the existing concerns. This shall help our judiciary become more effective and efficient. This sort of studies is very important and is expected to be conducted on regular basis. However, our legal academia has failed us in research activities to diagnose the concerns and analyze the context. The study conducted by World Justice Project should initiate academic discourse in Nepal country findings so the rule of law observation would be the basic norm.
There have been various concerns relating to the performance of judiciary and corruption within the judiciary. On the basis of study reports specific recommendation and plans can be formulated to strengthen the judicial institution of Nepal as we are presented with the information we are in dire need of. Further, those working hard in Judiciary needs to be applauded for the observance of rule of law and needs to reminded that we still have a long way to go.
The findings from the report should not be exaggerated but it can be taken as a positive indication towards Nepal’s commitment towards rule of law. We obviously have substantive issues on hand to deal with that would determine nation's compliance with the human rights and rule of law standard in days to come. However, we need to take positive message regarding our judiciary, the legal framework, and commitment towards the value of rule of law.
It must be understood that the report is specific to rule of law index and is does not reflect the performance index of the judiciary. However, the in-depth analysis of the findings offers insightful information for the areas that needs reform for the effective judiciary. In absence of specific research on the matter in domestic academia, the judiciary needs to refer to this study and identify the areas of improvement.
Full report available at http://worldjusticeproject.org/rule-of-law-index
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