Nepali Supreme Court justices unanimously decided on Sunday to ask political parties to amend the judicial provisions in the proposed interim constitution, a local media group's website eKantipur.com reported on Sunday.
Eighteen out of 19 justices, including Chief Justice, convened on Friday and Sunday to adopt the suggestions. One justice was absent as he was out of the country.
The meeting hammered out a 13-point suggestion to amend the judicial provisions in the soon-to-be promulgated interim constitution. The justices found some of the provisions insufficient for ensuring judicial independence.
The suggestions related to the appointment of the chief justice, impeachment, formation of the Constitutional Council, Judicial Council, the oath taking process, annual report publication, among others.
Talking to reporters, registrar and the spokesperson of the Supreme Court Ram Krishna Timalsena said the suggestions would be sent to the prime minister and the eight parties in a day or two.
"The justices have sought that the provision giving power to the prime minister to appoint the Chief Justice be amended. It would be better if the interim constitution gives the power of appointing the Chief Justice to the Constitutional Council," said Timalsena reading a point of the suggestions.
Timalsena added that the justices have also recommended a format for taking the oath. "The draft interim constitution is not clear in this regard. As per the format, Chief Justice will take oath before the Supreme Court justices while he would administer the latter in the Supreme Court."
Another suggestion has sought the removal of the provision in the interim constitution requiring the judiciary to submit its report to the prime minister who will then present the report before the parliament for discussion.
According to Timalsena, the suggestions seek that there be a provision in the interim constitution allowing judges to assume political posts after their retirement. The draft interim constitution has limited their work after their service to the National Human Rights Commission only.
When asked about what the justices would do if their suggestions were not heard, Justice Anup Raj Sharma said, "A judge cannot say I will not abide by a constitution [if adopted without incorporating the suggestions]."
Source: Xinhua