Concept paper on judiciary submitted
KATHMANDU: Constituent Assembly Committee on Judiciary today submitted its concept paper on judiciary to CA chairman Subas Chandra Nembang.
The committee put into final form its task on last Friday where it suggested that even the Supreme Court judges could also be appointed from outside the judiciary.
It has even suggested that the question of national importance and political problems that are in dispute should be settled by the parliament. While the Supreme Court could be empowered to interpret the legal and constitutional matters. These issues were decided by partisan votes with the UCPN-Maoist and MJF CA members favouring the appointment of judges from outside the judicial service.
The legal fraternity, including the Nepal Bar Association, has objected the proposed provision saying that such a provision would undermine the democratic principle — separation of power — and that the judiciary would lose its independence.
On the occasion, Nembang said that the parliament secretariat would table the draft paper in the full session of the CA at the earliest. He said that the concept paper on judiciary had drawn a lot of attentions of the civil society and people had already started debating on the paper. Nembang aired his sadness that the parties were not serious about the time frame in drafting the constitution which he said was running out. “I have been consulting leaders of all the parties and I have cautioned them that the final date of adopting the constitution — May 28, 2010 — should not be missed out,” Nembang said.
Once the concept paper is discussed in the full session of the CA, it is sent to the Constitutional Committee to make it fine-tuned.