The three major political parties have stressed that there should be a federal Supreme Court, provincial high courts and local courts in the federal republic of Nepal.
They are also unanimous that the federal Supreme Court will be responsible for the final interpretation of the constitution and provincial laws. [break]
While the UCPN (Maoist) has proposed that the federal Supreme Court should also resolve disputes between the federal and provincial governments and disputes related to national security and foreign affairs, the CPN-UML has proposed the formation of a constitutional court for a five-year to resolve disputes between the federal and provincial governments.
But NC has stated that it has not envisioned the formation of any constitutional court. “The apex court should resolve any disputes that may arise between the federal and provincial governments,” said NC youth leader Gagan Thapa, who is also a member the party´s election manifesto drafting committee.
The three major political parties are also divided over the appointment of the chief justice at the federal Supreme Court.
According to NC and CPN-UML, the seniormost justice will be recommended by the Judicial Council for appoiontment as chief justice of the federal Supreme Court and will be confirmed after going through parliamentary hearings. That is the existing arrangement under the interim constitution.
Though the UCPN (Maoist) election manifesto is silent about the appointment of the chief justice, UCPN (Maoist) leaders in the erstwhile Constituent Assembly (CA) committee on judicial system had stated that any eligible lawyer from outside the apex court, and not necessarily the seniormost justice, can also become chief justice.
According to Thapa, while the NC has proposed the formation of a permanent council to resolve disputes related to day-to-day affairs, the UCPN (Maoist) has proposed people´s courts or reconciliation centers at the local level in order to resolve disputes related to the religion and cultures of indigenous communities and Muslims, among other groups.
Responding to a question about the judicial system as proposed by the three major political parties, former SC justice Balram KC said, “Even if the political system is to be federal, when it comes to the judiciary it is better to have today´s three-tier system.”
KC argued that due to Nepal´s economy and lack of resources, it is better not to federalize the judiciary. “Otherwise the common people will suffer,” he added.
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