Leaders express reservation over SC's recommendation on draft constitution
Leaders of ruling seven party alliance and the Maoists have expressed reservation over the recommendation of the full court meeting of the Supreme Court (SC) for amendment in the draft of the interim constitution.
Home Minister and coordinator of the government's talks team, Krishna Prasad Sitaula said that only the political parties and the parliament has the responsibility of issuing the interim constitution and make necessary amendments, adding, "I was surprised the full court meeting of the SC recommended for amendment in the interim constitution, which is yet to be publicized and yet to be endorsed from the parliament after approval of the cabinet."
Similarly, the Kantipur daily quoted Nepali Congress General Secretary Ram Chandra Poudel as saying that the Supreme Court failed to realize the gravity of the situation by recommending the amendment in the interim constitution which was signed by eight political parties.
He added that all should accept the interim constitution, which was as the result of the present difficult situation.
Stating that the Court is not committed towards the reinstated House of Representatives, Poudel further said that the SC recommended for amendment due to its old mindset and its failure to accept the new political development.
Standing Committee member of CPN-UML, Jhal Nath Khanal said that some comments and recommendation to the interim constitution is natural as it is the main law of the country but it will be objectionable when the judiciary makes institutional decision in this regard.
"One Justice may express reservation over the interim constitution, but if the judiciary makes institutional decision and express dissatisfaction over it, it will be objectionable," Khanal said, adding, "Such decision would automatically be the political decision."
Similarly, senior Maoist leader, Dr. Babu Ram Bhattrai commented that the institutional recommendation of the Supreme Court for amendment in the interim constitution is a political decision.
He further said that the issue had justified the relevancy of their claim of incorporating the provision of re-appointment of Justices in the interim constitution.
Stating that some of provisions in the draft interim constitution run counter to the concept of the independence of the judiciary, the full meeting of the SC decided to submit the recommendations to the Prime Minister.
The proposal states that the Chief Justice be appointed with the recommendation of the Constitutional Council, not by the Prime Minister as mentioned in the draft of the interim constitution finalised by the eight parties on December 16. The judges have also argued that the CJ should be named as the ‘CJ of Nepal’ instead of the ‘CJ of the Supreme Court’.
The judges have also opposed the provision in the draft interim constitution, which bars retired judges from getting political appointments as well as the provision of impeachment of judges if they are found with mental or physical inability.
Similarly, another recommendation says that the provision of submitting the annual report of the judiciary to the Prime Minister, who will then present it to the parliament, be changed as it is against the concept of judicial independence. The report, it is proposed, should be publicised directly without submitting it to the Prime Minister. nepalnews.com pb Jan 08 07
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