SC for doing away with parliamentary hearings for justices

KATHMANDU, July 16: The Supreme Court on Wednesday forwarded its suggestions on the draft constitution to the Constituent Assembly, seeking removal of the provision of parliamentary hearings for appointments to the post of chief justice and justices.

The full court meeting on Wednesday finalized the suggestions based on a report prepared by the committee comprising justices Baidyanath Upadhyaya, Gopal Parajuli and Om Prakash Mishra last week.The draft constitution has given continuity to the provision of parliamentary hearings for appointments to constitutional positions and the posts of Supreme Court justices and ambassadors.

"It would be appropriate to remove the provision for chief justice and justices to be appointed at the Supreme Court," stated the 10-page long suggestions.

Likewise, the full court has suggested having more justices as members of the Judicial Council, the body that recommends judges' appointments and entertains complaints against judges.

The draft constitution has given continuity to the current structure of the Judicial Council, under which the chief justice chairs the council and includes the senior-most justice, the minister for law and justice, a legal expert appointed by the president on the recommendation of the prime minister and another legal expert appointed by the president on the recommendation of Nepal Bar Association, as members. Contrary to this, the apex court has suggested having three senior justices as members of the council.

The full court has also suggested removing the provision of having a Constitutional Court for 10 years after commencement of the new constitution. "Instead of having a Constitutional Court, there should a special constitutional bench within the Supreme Court," reads the statement released by the Supreme Court.

The draft has envisaged a Constitutional Court chaired by the chief justice.

Likewise, the justices have expressed dissatisfaction over the provision of reappointment of judges. The report has also suggested forming a separate commission to ensure judicial accountability instead of giving the Commission for Investigation of Abuse of Authority (CIAA) powers to investigate cases against judges removed through impeachment or by the Judicial Council.

The Supreme Court justices have also suggested raising the compulsory retirement age for justices. Meanwhile, the full court has suggested tightening the eligibility criteria for appointment of justices and judges from among advocates. The current provision makes anyone who has practiced law for at least 15 years as a law-graduate advocate or senior advocate eligible for the position of Supreme Court justice. But the court has suggested raising the experience bar to 20 years.

The SC has also urged that only an advocate or senior advocate with the experience of practicing law for 15 years should be considered eligible for the position of judges at High Courts.

Likewise, justices have proposed appointing 90 percent of district court judges from among gazetted second class officers in the judicial service on the basis of their capability and performance, and only 10 percent through open practical tests.

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