Access to Justice in Nepal: Procedural Safeguards and Institutional Challenges

Abstract

This article examines the state of access to justice in Nepal by analyzing procedural safeguards and institutional challenges within the legal system. Despite robust constitutional guarantees, including the right to a fair trial and legal representation, a significant gap persists between statutory provisions and their practical implementation. Procedural safeguards such as due process, legal aid, and the principles of natural justice remain inconsistently applied across the judiciary. Furthermore, deep-rooted institutional challenges-including severe case backlogs, inadequate infrastructure, limited human resources, and weak legal aid mechanisms-severely hinder effective justice delivery. These systemic deficiencies create compounded barriers for vulnerable and marginalized groups, who are already disproportionately affected by socio economic disparities, legal illiteracy, and procedural rigidity. Adopting a doctrinal methodology, this study draws upon constitutional provisions, legislative statutes, judicial precedents, and institutional reports. It concludes that achieving meaningful and equitable access to justice requires comprehensive reforms focused on procedural simplification, institutional capacity building, and enhanced inclusivity within the judicial framework.