The survey has also recommended that power of the judiciary should be determined in line with the principle of separation of powers, rejecting the current proposal of the Constituent Assembly to keep the third estate under the control of the legislature.
Approximately 7,700 common people, including 1,008 lawyers were interviewed in the span of two-and-a-half years to prepare the survey. A majority of the population supported a centralized judiciary with the Supreme Court as the final arbiter of constitutional matters.
The survey recommended that there should be three tiers of courts with the Supreme Court at the center, provincial courts in provinces and local courts at local levels. Besides, it has also recommended arrangements for special courts to take up special cases in the new constitution and a formally recognized alternative dispute management mechanism for settlement of disputes.
The survey has further concluded that provincial courts and local courts be given authority to take up writ petitions, including habeas corpus.
Meanwhile, NBA has also recommended that there should be an independent mechanism to deal with irregularities in the judiciary.
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