The entire Judiciary is being weakened to serve the vested interest of the executive
Incumbent Chief Justice (CJ) Hari Krishna Karki is going to retire from office on August 5 after leading the Judiciary for only 50 days. However, the six-member Constitutional Council (CC), which is led by Prime Minister Pushpa Kamal Dahal, has not met yet to decide on the next CJ. As per the Constitution of Nepal-2015, the CC must decide on the next CJ one month before the retirement of the incumbent CJ.
This is not the first time that the CC has failed to nominate the next CJ in time. The country's Judiciary had remained without the leadership for 17 months after then CJ Cholendra Shumsher Rana faced the inconclusive impeachment motion on various charges labelled by the ruling parties. Deepak Kumar Karki, who was the senior-most justice in the apex court, had to retire from office as acting CJ as the CC could not meet due to the November 20 general elections and delay in forming the government immediately after the elections. There are six vacancies in the Supreme Court, 47 in the High Courts and 37 in the district courts. The justices and judges in the apex court and lower courts cannot be fulfilled without the appointment of the CJ in time. Incumbent CJ Karki also could not fill the vacancies in the apex court and lower courts due to his short tenure and non-cooperation from Law Minister Dhan Raj Gurung, who is an ex-officio member of the Judicial Council chaired by the CJ.
Against this backdrop, the National Human Rights Commission (NHRC), in its statement, has now urged the CC to immediately move ahead the process of appointing the new CJ and pave the way for filling the judges' vacancies in the other courts. The NHRC has also asked the CC to respect the constitutional provision, which stipulates that the CJ's appointment must be completed one month before the sitting CJ goes into retirement. The entire Judiciary, one of the three organs of the state, is being emptied or being systematically weakened or paralysed, which has resulted in adverse impacts in maintaining checks and balances among the state organs, which are essential for ensuring good governance and the rule of law. Many cases have remained undecided due to lack of adequate number of justices and judges in the apex court and lower courts.
The NHRC has also drawn the government's attention to the domestic and international laws that ensure the people's right to get justice in time from an independent and competent judiciary. Even the Bangalore Declaration also states that there should not be unfair delay in the judicial process. As the state has not paid attention to these legal provisions, thousands of complaints lodged at the various courts have remained pending. Even after the CC recommends the names of senior justices to lead the Judiciary in a day or two, it will take weeks for the Parliamentary Hearing Committee to confirm one of them as the CJ.
The ruling and opposition parties must be serious about filling the vacant post of the CJ in time so that the Judicial Council, headed by the CJ, can appoint the judges in the lower courts. Weakening the Judiciary will ultimately weaken the democratic system. Lawmakers, legal fraternity and civil society should raise this issue seriously so that the CC sincerely abides by the constitutional provision without fail.
Relief package
Lumpy skin disease has reached epidemic proportions, with it spreading across the length and breadth of the country, causing widespread financial loss to the farmers. More than 1.1 million cattle are said to have been affected, with about 50,000 having died of the viral disease, causing a loss of over Rs 30 billion to the farmers. The disease has not only caused a drop in milk production among the affected cows, but the loss of cattle has also impacted paddy transplantation due to a shortage of oxen for ploughing in the hills. The government should, therefore, carry out a massive vaccination programme without further delay to bring the disease under control.
It is heartening to note that the government has decided to take the bull by the horns and distribute vaccines for free to the farmers while providing them with a relief package for the loss of cattle due to the disease. Lumpy skin disease in cattle would not have been so widespread had the government taken prompt action as soon as it appeared three years ago.
Let us hope the mass vaccination programme as well relief package for the farmers will be carried out with a greater sense of urgency.
A version of this article appears in the print on August 2, 2023, of The Himalayan Times.
