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SC: Ensure independence of judiciary in new statute
The Supreme Court (SC) has called for ensuring the independence of judiciary in the new constitution.
The apex court has also maintained that judiciary, as a permanent structure with a six-decade long history, should be given due consideration while deliberating on the forms, structure, jurisdiction and appointment of judges. The remarks are part of the annual report submitted to President Ram Baran Yadav by Chief Justice Ram Kumar Prasad Shah.
The suggestions come in line with the earlier position of the top apex court justices who had made clear to senior political leaders during an interaction their opposition to the idea of forming a constitutional court. They argue forming such court is against the “judicial culture” of Nepali judiciary. In fact, CJ Shah publicly warned against experimenting with the judiciary by forming such court.
The annual report has also called for ensuring constitutional autonomy of the judiciary in terms of financial and administrative independence, reads a court statement issued after submission of the report. The SC has also reiterated the call for ensuring one percent of the national budget to the judiciary.
Stressing the need to make judiciary a special service, the report urged for speeding the process of updating laws to ensure the traditional and impractical legal frameworks do not impede the justice delivery. The court has also called for early passage of the civil and criminal codes currently pending before Parliament.