Govt can’t appoint Administrative Court judges: SC
Kathmandu, August 9:
Differing with the government, a full-court meeting of Supreme Court justices decided today that only the Chief Justice-headed Judicial Council — and not the government — is authorised to appoint judges in the Administrative Court. In a draft presented to the Supreme Court for approval, the government had proposed that it be given the authority to appoint judges in the Administrative Court. “Only the Chief Justice-headed Judicial Council — and not the government — is authorised to appoint judges in the court,” the full-court meeting said.
Responding to the Apex Court’s request to empower the Administrative Court to hear cases of civil servants, the government had drafted the proposal. The apex court had urged the government to promulgate the law so that the former would not have to get engaged in minor cases. Stating that the draft was against the spirit of the 1990 Constitution, a participant said the justices had decided to urge the government to correct it. “It would be unconstitutional to give the government the authority to appoint a judge for any court of law,” the justices added. The 1990 Constitution has given the Judicial Council the right to select judges in any court of law.