NBA for reappointment of justices

KATHMANDU, July 21: Contrary to the suggestions presented by the full court of the Supreme Court, the Nepal Bar Association (NBA), has suggested to the Constituent Assembly to retain the provision of reappointing justices as well as the chief and members of the constitutional bodies in the new constitution.

The NBA formally presented its suggestions on the draft constitution on Tuesday to CA Chairman Subas Nembang and stood in favor of a permanent constitutional court or constitutional bench at the Supreme Court. The major suggestions given by the NBA on the draft constitution are as follows:

Delineation and naming of provinces before promulgation of the new constitution in line with Article 138 of the Interim Constitution.

No parliamentary monitoring and evaluation of works carried out by constitutional bodies.

Threshold of at least five percent of the total valid votes cast for any political party to secure PR seats.

Electing a woman either as a president or vice-president.

A permanent Constitutional Court or a separate five-member bench in the Supreme Court with clear jurisdiction to settle controversies related to constitutional issues.

Reappointment of chief justice and justices as well as chiefs and members of all constitutional bodies, who have been appointed in line with the existing constitution.

Amendment to the preamble, which is full of redundancy, some negative features and unclear goals.

Rephrasing "socialist oriented state" as an "equitable society."

Citizenship by descent to a person born from a Nepali father or mother either in the name of father or mother.

No-confidence motion against PM should be allowed to be registered a year after his election instead of two years proposed in the draft.

In parliamentary system, dissolving parliament is the prerogative of Prime Minister unless a motion of no-confidence is registered against him/her.

Besides chief justice, there should be 21 justices at maximum at the Supreme Court depending on workload.

Number of judges at high courts should be mentioned in the constitution. The maximum number of judges at high courts should not exceed 10.

Only a person who has practiced law for at least 20 years as law graduate advocate or senior advocate should be considered eligible for the position of Supreme Court Justice. The provision of considering Gazetted First Class or higher official of the Judicial Service with at least twelve years of experience eligible for the position of justice should be omitted.