SC Judges Seek 13-point Amendment to Interim Statute

A full court meeting of the Supreme Court judges on sunday took a decision to seek amendment in the draft of the Interim Constitution finalised by the government and the Maoists so as to make it compatible with the independence of the judiciary.

The judges' meeting concluded with decision to forward a 13-point recommendation to amend the interim constitution to the Prime Minister. The meeting also said that the draft of the interim constitution prepared and signed by the Seven-Party government and the Maoist leaders on December 16 violated the concept of independence of the judiciary.“We have unanimously endorsed the recommendation,” Justice Min Bahadur Rayamajhi told to reporters.

The justices have sought amendment in the interim statute so that the Chief Justice would be appointed on recommendation of Constitutional Council rather than by the PM's sole recommendation. “We have expressed our concern and we think that the politicians will address our concerns it but it is up to them whether or not to accept our suggestions,” justice Rayamajhi added.During the meeting majority of the justices including Chief Justice Dilip Kumar Paudel, Justices Kedar Prasad Giri and Tahir Ali Ansari, opposed the idea of recommending amendment but later they agreed with the majority of judges. “They have claimed that such an attempt may not be accepted by the politicians but later they agreed to protect the independence of the judiciary,” another judge said.

The judges have also sought amendment in the provision on the composition of the Constitutional Council headed by the PM while appointing the Chief Justice. They have proposed that Prime Minister, Chief Justice, Speaker, Law Minister and a judge of the Supreme Court named by outgoing Chief Justice be the members of Constitutional Council members to appoint a new chief justice. The meeting also called the government to amend the provision on CJ's oath of office in the draft of the interim constitution.

The Judges also asked to entitle the Chief Justice as the Chief Justice of Nepal rather than Chief Justice of the Supreme Court and called to delete a provision of impeaching judges on the ground of inability to work on physical and mental incapability.
The meeting also demanded change in the formation of the Judicial Council and sought exclusion of the representative of the Nepal Bar Association as proposed by the draft of the interim constitution.