KATHMANDU, Sept 13: The Constituent Assembly (CA) has begun discussions on the controversial concept paper and preliminary draft prepared by the CA committee on judicial committee. The report has drawn widespread criticism for proposing, among other things, a constitutional provision that vests the legislature-parliament with the final authority to interpret the constitution and the laws.
Speaking at the CA meeting on Sunday, UCPN (Maoist) CA member Agni Prasad Sapkota claimed that the decision has been hailed by those who respect the spirit of the mass movement. He argued that the committee has decided to reappoint the judges after the promulgation of the new constitution so as to make them accountable to the people. “Only those who don´t believe in the wisdom of people are opposing the decision,” said Sapkota. Stating that the provision would not lay the foundation for autocracy, Sapkota said it was objectionable for the “the king-appointed judges” to oppose the CA decision.
On the other hand, Nepali Congress CA member Amod Prasad Upadhyaya said that the provision of appointing judges by the legislature parliament is against the spirit of judicial independence. He claimed that the Maoist CA members, backed by Madhes-based parties, had forcibly introduced such provisions to obstruct the constitution-making process. Stating that the provision would contravene the principle of separation of powers, Upadhyaya said that implementation of the provision would jeopardize judicial independence. He requested the CA members to reconsider implementation of the CA committee´s decision, which could lead to a one-party authoritarian rule. Similarly, Ram Nath Dhakal of the CPN-UML argued that his party would not accept the decision that violates the fundamental principle of constitution.
The CA committee on judicial system has decided, through majority votes in the committee, to reappoint judges after the promulgation of the new constitution. It has also vested parliament with the power to interpret the constitution and the laws, appoint judges and take action against them. The Nepali Congress and CPN-UML lawmakers have registered a note of dissent against the provisions.
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