Gurung dubs unitary judicial system failure
Kathmandu, January 30:
Minister for Law, Justice and Constituent Assembly Affairs Dev Gurung said today that the unitary judiciary system had failed to deliver justice.
“The major drawback of the unitary system is that people don’t have easy access to justice,” Gurung said, adding, “The judiciary could not appropriately realise the people’s sentiment. There is an urgent need to restructure the judiciary as it cannot provide justice to the people.”
Addressing a programme on judicial structure in the future constitution, organised by the Nepal Bar Association here today, he said people wanted easy access to justice and the judiciary to be accountable to them.
“In the name of independence of the judiciary, the judiciary was developed as an institution where people cannot get easy access. The judges were also appointed with political motivation,” he said. He also said the judiciary was functioning like the bureaucracy and that it could not deliver justice on time. Saying that the new constitution will make the judiciary democratic and competent, he said that judges should be appointed by the people’s representatives to make them accountable to the people.
Presenting a working paper, constitutional law expert Purnaman Shakya said the judiciary should be kept above the political controversy. He also called on the government to stop parliamentary hearing for judges.
“If the judiciary adopts the federal set up, it would be appropriate to remove judges through impeachment process. Likewise, federal judicial council should be authorised to transfer chief judges of state courts,” he added. He also suggested increasing the retirement age of judges to 68.
Central committee member of CPN-UML Shankar Pokharel suggested increasing people’s access to justice by providing judicial power to local authorities to settle minor disputes. Sharat Singh Bhandari, a central committee member of Madhesi Janadhikar Forum, emphasised on the need to make judiciary more competent and independent.