SEPARATION OF POWER (Special Reference to Power of Judiciary in Nepal)
Introduction Power represents the ability of one person to cause another person to do what the first wishes, by whatever means. [1] It can be used as coercion when we force a person to do something s/he did not want to do, as persuasion when we convince what s/he really wishes to do, or as the construction of incentives when we make the alternative so unattractive that only one reasonable option remains. However, the entire power shouldn’t be concentrated to a single person. The concentration of entire power within single person leads to tyranny. In the case of government, being the most important component of the state should separate the power of its organs in such a way that while using one’s power, the other wouldn’t be affected or other’s functioning is not violated. But the effective co-ordination of powers lead to a sound state. Judiciary, being one of the most important organ of the government, should be provided with some power s...