The Association said that the provision included in the draft forwarded to the Constitution Drafting Committee of the Constituent Assembly (CA) by the Constitutional Political Dialogue and Consensus Committee (CPDCC) was erroneous and needs correction.The proposed provision states that a parliamentary committee shall be formed to probe and monitor whether or not the chief justice and SC justices have been working sincerely and in accordance with the constitution and laws of the land.
"This provision goes against the universal principle of independent judiciary and the constitutional practices in Nepal," read a statement issued on Monday by Sunil Pokharel, general secretary of the NBA. "Therefore, the NBA calls upon CA chair and all the political parties to protect the principles of independent, efficient and effective judiciary."
The NBA has said that formation of a separate permanent parliamentary committee to oversee the issue related to the impeachment of chief justice and other judges in parliament would be a proper system.
The NBA has also proposed introducing a system of appointing additional judges with specific mandates and time period and ending the practice of appointing ad-hoc judges in the apex court and other courts.
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