KATHMANDU: Minister for Law and Justice Prem Bahadur Singh today cast doubt about the judicial standard to be maintained by the judges who recently got the appointment as per the principle of inclusiveness.

“There is a doubt whether the judges appointed on the basis of the principle of inclusiveness will maintain the judicial standard,” he said, adding, “But, we didn’t have other option rather than to abiding by the norms in the changed context,” Singh, who is also an ex officio member of the Judicial Council (JC), told The Himalayan Times.

For the first time, the JC headed by Chief Justice Min Bahadur Rayamajhi on September 6 had selected district and appellate court judges as per the principle of inclusiveness. “We’ve appointed Ratna Bahadur Bagchand, Satya Mohan Joshi Tharu and Saranga Subedi with the concept of inclusiveness,” Singh claimed.

The minister also said that there had not been a single judge from the Dalit and Tharu communities before.

“Now, Bagchand and Tharu represent these communities respectively,” he stated. According to him, Saranga Subedi has been appointed to the post of Appellate Court Judge, whom the CJ and members of the JC selected as a women practitioner from outside the Kathmandu Valley.

He also said that the JC had appointed six Madhesi judges in order to respect the principle of inclusiveness emerged after Jana Andolan-II. According to him, there were only two Madhesi judges in the district courts till date.

“We hope that the written test of district court judges as per the Interim Constitution, 2007, will be the best way to maintain the judicial standard,” Singh added. “Scrutinising the candidates carefully and effective parliamentary hearings are required in order to maintain the standard.”

The Law Minister further added that though the JC members had discussed to provide law practitioners the right to conduct examinations for the district court judges’ quota, they could not do so due to the absence of necessary Act. “It was our failure but we’re not biased against them,” Singh maintained.

Challenging the JC’s decision, a group of lawyers already moved the Supreme Court and the apex court had already issued show cause to the JC. “The lawyers will get special priority after the promulgation of the Act,” he assured.

According to him, in order to uphold judicial integrity, prosecution to judges who are involved in criminal cases and action against corruption were required in order to make the judiciary competent and clean. “There is confusion in the present JC Act 1990 whether or not to take action against the judges in such circumstances,” he said.