National
‘PR should not be sole basis for hiring judges’
Chief Justice Sushila Karki has said proportional representation should not be the sole basis for appointment of judges.Abadhesh Kumar Jha
Chief Justice Sushila Karki has said proportional representation should not be the sole basis for appointment of judges.
“Inclusion and proportional representation are important but experience and expertise of an individual is important to hold the top job,” said Karki. “One should have the required qualification even to be picked for the post under proportional representation.”
Talking briefly to journalists here on Friday, the chief justice said judiciary is the centre of people’s hope. “Only the person who has expertise in law and can handle legal matters is worthy of becoming a judge.”
“I agree that judiciary should comply with the principle of proportional inclusiveness. But capability, expertise and qualifications should be considered while appointing a judge,” said Karki.
On Wednesday, the Terai Justice Centre demanded appointment of judges on the basis of proportional representation as provisioned in the constitution. Advocate Dipendra Jha, on behalf of the Centre, had submitted a memorandum to the Judicial Council urging it to act in order to make the judiciary inclusive.
The constitution, Judicial Council Act and Judicial Service Commission Act have adopted the principle of proportional representation in judges’ appointment. The principle has not been followed.
In response to questions about corruption in the judiciary, CJ Karki said: “I cannot say there is no ounce of corruption in judiciary but on occasions corruption accusations have been hurled without evidence.” A handful of corrupt people in the judiciary had muddied its whole image, she said.
CJ Karki said no judges were appointed on the basis of political favour. “A person’s legal expertise is considered while appointing them as judge irrespective of their political background,” said Karki. “In India, there are examples that former ministers have worked as judges later.”
Karki claimed that judiciary in Nepal was free of political influences. She also said a short tenure of the chief justice had made it challenging to initiate positive changes in the judiciary.