Parliament to decide judges’ fate
KATHMANDU: Constituent Assembly Committee on Judiciary today decided that appointment and sacking of judges would be done through parliamentary committee.
The voting method has been adopted as the lawmakers from the Nepali Congress and CPN-UML remained firm on their stance that appointment and sacking of the judges should be done by the judicial council. However, UCPN-Maoist and Madhes-based parties reasoned that appointment should be made through the parliamentary committee to ensure the independence of judiciary.
Of the 42 lawmakers, 23 voted in favour of the parliamentary committee while remaining voted for the second option.
Maoist lawmaker Agni Sapkota said that they proposed the appointment and sacking of judges through the parliamentary committee as no one was above the law. "The Judiciary Council cannot appoint the judges in the impartial manner."
However, Ram Nath Dhakal, UML lawmaker, said that appointment of the judges through the parliamentary committee would tarnish the image of the judiciary.
He reasoned that parliamentary committee could commit mistakes due to its political nature. "We should empower the Judiciary Council in future."
Abshik Pratap Shah of the MJF said that parliament could effectively control the judiciary as it was the supreme body of the people.
Political parties are yet to agree whether it is the parliament or the Supreme Court which would explain the issues related to the constitution and other legal issues of national importance.
Earlier, the committee had endorsed a two-tier mechanism — central and provincial — to appoint the judges in the respective courts.