Lawmakers of the Judicial System Committee under the Constituent Assembly (CA) reached an agreement to this effect in a meeting on Friday.
As per the existing provision, a CJ is promoted only from among the sitting SC justices. Traditionally the senior most of the SC justices is appointed CJ.
"The existing system of appointing a CJ is quite narrow and confined to limited persons. Following this system, we can not appoint equally eligible person outside from SC justices," Maoist lawmaker and chairperson of the committee, Prabhu Sah told myrepublica.com. "We decided to keep options open and widen the selection process so as to include equally eligible and talented persons from outside as well."
The lawmakers in the committee had a common view that anyone who is eligible to become a SC justice can also become the CJ as there is no difference between the roles and responsibility of the CJ and other Justices. They said the administrative responsibility is the only role that the CJ performs in addition to the role of an SC justice. "Then, why not to directly appoint a person who is eligible to become a Justice," Sah said.
Likewise, the lawmakers are also mulling over appointing a person below 61 years of age so that he can serve a full term of four year before he turns 65 when he has to retire because of age limit, according to Sah. "We will reach an agreement on this issue in the next meeting on Sunday."
Ram Nath Dhakal of CPN-UML argued that only from those eligible persons aged 61 years or below should be made CJ so that the person can serve a full term. Though the lawmakers have agreed to keep the options open and widen the selection areas but they have disputed over the mechanism to appoint the justices. Also, lawmakers are yet to reach an agreement on the final authority to interpret the constitution and laws of the country.
The Unified CPN (Maoist) has proposed a judiciary in which judges will be elected by the parliament. The party has also proposed that the final interpretation of the constitution should be done by the parliament.
But other political parties including the NC and UML are against the Maoist idea. They are in favor of the existing provision for the appointment of the justices by the president on the recommendation of the Constitutional Council. At present, the CC nominees for the post of SC justice are also subjected to parliamentary hearing.
thira@myrepublica.com
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