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 Though the RPP has not withdrawn support to the Pushpa Kamal Dahal-led government, the events have weakened the coalition government, Its resolve will be tested when the local bodies elections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 Minister of State (Independent Charge) for Housing and Urban Affairs, Hardeep Singh Puri, is a former top diplomat who retired as India's Permanent Representative at the United Nations. In his new political avatar, as an important minister in the government of Prime Minister Narendra Modi, Puri told INDIA REVIEW & ANALYSIS that
 
read-more
Aimed at consolidating cooperation between the armed forces of India and Saudi Arabia and explore new avenues of defence cooperation, Chairman, Chiefs of Staff Committee and Naval Chief Admiral Sunil Lanba, visited Saudi Arabia on from 4-8 February 2018, writes Anil Bhat
 
read-more
Campus placement season is here and the news is that graduates from the top campuses in India, especially the IITs, have received six figure pay packets and job offers in the US. However, looking beyond the top 200 engineering schools in India, pay packets are not looking too promising. The reason is the emergence of new engineering sc
 
read-more
Representatives from ten Asia Pacific governments, parliaments, civil society organisations (CSOs) and international institutions - including from six South Asian countries - gathered in Bangkok to reflect and share knowledge and learnings on climate change finance and gender-inclusion as part of the Regional Dialogue on Climate Resili
 
read-more
Maldives President Abdulla Yameen “conveyed that mediation was not wanted at this stage” when UN Secretary-General Antonio Guterres spoke to him last week, Guterres's spokesperson Stephane Dujrric confirmed Thursday, writes Arul Louis
 
read-more
Srinivasan leaves his office in Bengaluru where the lights and air-conditioners are switched off when sensors planted inside notice that he is leaving. He is prompted on his e-watch as to how much time it would take for the elevator to arrive on his floor, based on movement-recognition, writes Rajendra Shende
 
read-more

The Indian government is undertaking a project to enhance and install infrastructures related to trade and customs along its northeastern frontier, that include trading points with Bhutan.

 
read-more

Society for Policy Studies in association with India Habitat Centre held a lecture in the “China's Belt and Road Initiative: Nature, Implications and India's Response”

 
read-more
Column-image

What is history? How does a land become a homeland? How are cultural identities formed? The Making of Early Kashmir explores these questions in relation to the birth of Kashmir and the discursive and material practices that shaped it up to the ...

 
Column-image

A group of teenagers in a Karachi high school puts on a production of Arthur Miller’s The Crucible— and one goes missing. The incident sets off ripples through their already fraught education in lust and witches, and over the years ...

 
Column-image

Title: Do We Not Bleed?: Reflections of a 21-st Century Pakistani; Author: Mehr Tarar; Publisher: Aleph Book Company; Pages: 240; Price: Rs 599

 
Column-image

From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice.

 
Column-image

'Another South Asia!' edited by Dev Nath Pathak makes a critical engagement with the questions about South Asia: What is South Asia? How can one pin down the idea of regionalism in South Asia wherein inter-state relations are often char...