FB   
 
Powered bysps
        Society for Policy Studies
 
 

 
Trouble in court
Posted:May 2, 2017
 
Print
Share
  
increase Font size decrease Font size
 
The move to impeach Sushila Karki, the chief justice of Nepal’s Supreme Court, has triggered a new political crisis in Kathmandu. Deputy prime minister and Nepali Congress leader Bimalendra Nidhi resigned from the government on Sunday after the impeachment motion signed by 249 members of the CPN (Maoist-Centre) and Nepali Congress, was moved. On Monday, the third largest constituent in the ruling coalition, the Rastriya Prajatantra Party (RPP), withdrew its ministers. Though the RPP has not withdrawn support to the Pushpa Kamal Dahal-led government, the events have weakened the coalition government, Its resolve will be tested when the local bodies elections are held in mid-May.
 
 
At the root of the crisis is the politicisation of the judiciary, to which both the political parties and the judges have contributed. The impeachment motion accuses Karki, who has only a few months to retire, of interfering with the executive and issuing “prejudicial” verdicts. However, the issue did not begin with Karki, who took office as Nepal’s first woman CJ in August last year, and is unlikely to end with her exit. The independence of the judiciary was compromised soon after the 2006 Constitution came into being and political parties started to influence appointments to the bench. The wise principle that there must be separation of powers of the executive and the judiciary was ignored by both institutions. In 2012, the then-CJ, Khil Raj Regmi, became prime minister of a government that included ministers from political parties. In turn, the judiciary turned a blind eye to political activists, including legislators, seeking nomination as judges. CJ Karki herself was not averse to appointing persons with political affiliations despite opposition from the bar. 
 
Earlier this year, the stand-off between the bar and the executive and judiciary had reached a flashpoint when over 300 lawyers, including senior office-bearers of the Nepal Bar Association, resigned to protest the appointment of 80 high court judges by the Judicial Council headed by CJ Karki. These appointees allegedly were nominees of the ruling parties, namely the CPN (Maoist-C) and the Nepali Congress.
 
 
The current face-off between the executive and the CJ will further erode the credibility of both institutions. Nepal’s transition from a monarchy to a republic has been chaotic. The past decade has seen various stakeholders working at cross purposes in a bid to grab power at all costs, which has exposed the country’s ethnic and regional faultlines. The failures of the political mainstream in nation-building could test the people’s faith in democracy itself.
 
Indian Express, May 3, 2017
 
 
 
 
Print
Share
  
increase Font size decrease Font size
 

Disclaimer: South Asia Monitor does not accept responsibility for the views or ideology expressed in any article, signed or unsigned, which appears on its site. What it does accept is responsibility for giving it a chance to appear and enter the public discourse.
Comments (Total Comments 0) Post Comments Post Comment
Review
 
 
 
 
spotlight image Ties between India and Japan are probably at their best ever, Japanese Ambassador to India H.E. Kenji Hiramatsu told India Review & Analysis’ Nilova Roy Chaudhury, as he outlined how the two countries have moved closer. Ahead of Japanese Prime Minister Shinzo Abe’s visit
 
read-more
Vowing to stop “radical Islamic terrorism,” United States President Donald Trump warned September 19 of strong action against countries that support or finance organisations like the Taliban.
 
read-more
That regional cooperation in South Asia is lower than optimal levels is well accepted. It is usually ascribed to – the asymmetry in size between India and the rest, conflicts and historical political tensions, a trust deficit, limited transport connectivity, and onerous logistics, among many other factors.
 
read-more
Former Reserve Bank of India (RBI) Governor Raghuram Rajan said ‘In order to become a more developed country, India has to get people who owe taxes to actually pay them.’ This is one of the major objectives that Modi sought to achieve though demonetization and he has largely succeeded.
 
read-more
The two-day visit to Kashmir by a Congress team headed by Dr Manmohan Singh team has called for restoration  of the dialogue with the separatists to address the ongoing turmoil in the state.
 
read-more
The Communist Party of China (CPC) is expected to amend its constitution at the upcoming national congress.
 
read-more
Médecins Sans Frontiéres (MSF) or Doctors Without Borders has urged Myanmar to grant international humanitarian organisations unrestricted and independent access to the conflict-torn Rakhine state to enable provision of humanitarian assistance to the hundreds of thousands of internally displaced people.
 
read-more
In an unprecedented warning delivered at a world forum, United States President Donald Trump on September 19 threatened North Korea with total destruction if his country is forced to defend itself and its allies against the threats from Pyongyang.
 
read-more
It is a privilege to be invited to this most prestigious of law schools in the country, more so for someone not formally lettered in the discipline of law. I thank the Director and the faculty for this honour.
 
read-more
Column-image

Title: A Bonsai Tree; Author: Narendra Luther; Publisher: Niyogi Books; Pages: 227 Many books have been written on India's partition but here is a firsthand account of the horror by a migrant from what is now Pakistan, who ...

 
Column-image

As talk of war and violence -- all that Mahatma Gandhi stood against -- gains prominence across the world, a Gandhian scholar has urged that the teachings of the apostle of non-violence be taken to the classroom.

 
Column-image

Interview with Hudson Institute’s Aparna Pande, whose book From Chanakya to Modi: Evolution of India’s Foreign Policy, was released on June 17.

 
Column-image

This is the continuing amazing spiritual journey of a Muslim man from Kerala who plunged into Vedic religion after a chance encounter with a Hindu mystic under a jackfruit tree in the backyard of his house when he was just nine. It is a story w...

 
Column-image

History is told by the victors but in our modern age, even contemporary events get - or are given - a slant, where some contributors soon get eclipsed from the narrative or their images tarnished.

 
Subscribe to our newsletter
Archive