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SC against reappointment provision

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By No Author
KATHMANDU, July 30: The Supreme Court has reiterated that the provision of reappointment of justices should be removed from the new constitution.

Chief Justice Kalyan Shrestha on Wednesday met Prime Minister Sushil Koirala and other leaders of four major political parties and reiterated the suggestions forwarded by the full court on the draft constitution.However, Nepal Bar Association has stressed on reappointment of justices as well as chief and members of constitutional bodies.

Chief Justice Shrestha also suggested to leaders form a constitutional bench instead of a separate Constitutional Court.

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 chief justice has also suggested reviewing the compulsory retirement age for justices.

Likewise, the chief justice urged leaders to have a constitutional provision for the government to take care of all expenses of the judiciary.

Likewise, chief justice has 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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