"Judge constitutional requirement

Chief Justice Kalyan Shrestha nine months after finishing the seven-day term 65-year-old Staffers are being retired court Tuesday. Judge of the Supreme Court, blank 11 for a three-member Judicial Council was involved in a parliamentary hearing have not yet been sipharisamathi. Rules drafted parties became ushering in a chronological Sushila Karki -and when she is not to be finalized. This trend can not be appointed to the Supreme nyayadhisai and he has to say about the last comment sipharisamathi raised? How long he remained four decades of judicial experience? It is a day on Monday, the Supreme adalatasthita holiday cadres and Ghanshyam Khadka Bahadur Thapa of Kantipur, the conversation:

With four decades of experience in carrying out justice, are being retired, what look?
Travel and prolong life is no longer employed tungimdai. Some time before the court was in the area of ​​administration, development. LDO now dictates that there was PDO. I was at first PDO. After I chirem court. Why do people leave development work that would ask questions about kanunatira. The answer for a long time in my life newsletter.

We feel at this moment, the Court is an institution of development revolution. Yes, physical development, but it does not establish that the development of norms and values. Law and development relationship is very intense. The legal sector is unproductive work is not done. Anti growth and development can not be a law a law, not anti. Vikasai law is not anti-development, anti-growth law can not tiknai. It is my life's journey experiences. The development of law and its relationship to contribute and I'm seeing clearly.

Forty years ago, is the difference between the court and the current court?
The sky is far different. The court was not his building, then. Justice employees at least Kuwabara was a feature. While officials in other agencies was the car service to at. BS 2047 when the draft Constitution was on my computer and I saw, touched, it would be much later. Court is now in every district of the modern building, every judge have a car and a laptop. Information technology before the court so that he, as a nationwide network badhisakyo not any other government airport.

But even the presence of increased quality of justice is this?
There was a small number of works. That being the superintendent of the Supreme Court, I demise 2035 Annual Issue 13 hundred, were, while the judge to at the seven-eight days. Diversification has been the case now, the number has increased by a large amount. The judge handling the issue 10 years now, 30 thousand. There are other issues as well, with the issue of global prakrtianusarai. Today, there are vibrant public more aware, the Court has increased the responsibility to address it. What is it that comes to individual satisfaction, it is a matter of investigation. But the court of justice more efficient than ever, smart and deserve. Except for the Supreme, Appellate and district level for eighteen months, we have been able to finalize the issue of wearing. Its quality is also good.

Why always the Supreme is the problem?
This is not a problem forever. As a decade ago, when I was at the bench just-just, the number of cases had fallen to around 8 thousand. But after the elections, the interim constitution and the political instability and the impact on the court may. Judge the time as well. Would facilitate the implementation of the constitutional system would not be affected by the appointment.

Humdahumda the Acting Chief Justice to make the day has come. This Court is not degradation?
I would tell degradation is. An adverse situation, the Court is not kindle it balinairaheko. While we are a relatively small group of the Supreme Court of 5 children of their freedom is inviolable. Adoption of the constitutional system, when the royal commission was. The state of emergency was also accustomed to multiple disruptions. But also as an independent judiciary in court as insight, so strive to be continued and lasted. The current stalemate is not a real impasse, stalemate is the fake, which is one ambition has been raised. It is my belief that rejects and disappears.

The parties would have the same, it became parisadbatai politicization of the court has been started to say. Politicization pass it?
You need to understand the politicization of court prasnasamgai, its constitutional system. The interim constitution, the Judicial Council and the Judicial man suddenly fell minority judges give insight came largely self Court.
All five members of the Council of the Prime Minister and senior nyayadhisabaheka political backgrounds who come to him. Although the interim constitution, the first term is an honorable image of the Sanhedrin were made members of the commission who found gheramai issue. But officials from the role after remaining satisfying. This paddhatikai fault. With a person can not rely on only conduct. Systems should be the right mechanism. The Council is not the method now. Gairanyayadhisaharuko bahusankhyale judge to appoint him. Sancalanacahim Court judge should be, after the khatanacahim gairanyayadhisako automatically happened to be embarrassed. So the problem is. The structure of the interim constitution and the Sanhedrin came, it is not very easy and pleasant.

This is due to the coming issue of the appointment of the Supreme?
There is only one reason. But this is one reason. How to look for a good view of the problems with the judiciary has become a priority as I do. Another problem is the view point in the state bodies. Your and my inability to be not achieved any contact with. Instead, our abilities to work together in that big can also be easily. Inabilities to work in the competition only to blame. This deadlock is now ineligible to compete, who is pushing a constitutional system is vicious.

Chief of willpower not have any role in the appointment of the same?
Chief minority must. Kanunamantriko his agenda is, to send a representative of the Prime Minister is another agenda. The other representatives of the fence of his business approach. The three different kinds of listen to. And even more will be pradhananyayadhisale without compromising how to work? That work should nagarnuparyo that agreement. Another option is where the Chief Justice and!

Pending a decision the Council that the question can not have. The remaining two members could Why wait?
According to the Constitution Council should be five. Whether you wait for the completion of the meeting. Barr representative Aram long time. Bhadautira sent last year. After the brief time the new constitution and the recommendation of the Prime Minister appointed the representative of the Council to continue that in spite of living a long time that the issue of eating. Finally they (the oldest representatives) in spite of the decision that we arrived. I immediately sent a letter to the Prime Minister and his new bar and asked the representative day. We do not recommend incumbent answered the committee said Barr. And answered the committee's decision to bar coordination gathanabica is, they only say it. The prime minister has not answered the letter, even today.

Council remain only three. Three people that work, the Council was in front of my question kurirahane until completion. I have wanted to wait. I am also waited. But wait How much? Parirahane embarrass the court how long? Constitutional system that can not remain uncertain eternity? This decision is not chosen, the situation is compelled to create. If we do not do the constitutional situation is absurd and functional. Another important thing is, the constitution is not written that three Council can not work. The decision of a majority of cases, we've started to work.

The three-member council is dominated nyayadhiharukai is, why it had recommended the issue?
Does the law minister to disagree with the majority of judges in common? Without him, we had two-judge majority decision to the state? There was no agreement with three decisions that situation. Such technical and physical conditions are acceptable as possible to the decision, it is.

The recommendation is the released political apportion them and that it is true that the Maoists?
This is democracy. The market is open ideas. A society is not inconsiderable. So praise and criticism remains predictions. We chose a team that people, and not dalavisesa missed that. This recommendation was based. Supreme Court Justice appointed certain qualifications for the constitution is. It has been recommended that the appointment is not the main question that. Parliament rejected if it is not the authority to complete. Ability to complete the Constitution are appointed on the recommendation of who egharaijana. Remained, why not admit that the question of why it happened so and so. Council is responsible for the appointment of the Constitution. He admitted on the recommendation of the Council should be. The Council also appreciated the most righteous man can be, can not be. But one sight that I missed some excellent jamceko question to answer is not necessary to give the Judicial Council and not to be.

Ability of political color than one who is recommended, sabhasadai and had not raised the issue of Sapana Malla Pradhan chosen?
We can not appoint political urged to read someone's face and also are not made. It is vital that the decision on the basis of ability and merit. They look to see if the political appointment of the man must be? Politics that he was seeking, and politics? Others blame the politicization of political representation and wear ask? The party said that people looking for it and invested a free man, I bring? Political Constitution on the back and is not bulky disqualified. The political background of the world who are the chief court. This practice was not to us is the Supreme. District and appellate court if you look at the past elections, the defeated party will find that many judges.

It is the practice of the Supreme forged so that the question of why it is now free to start saleFlag?
Once he's forever going to remain in politics damiinai? The man had no idea slave remains predictions, life? It is the nature of man and his freedom vivekabatai is controlled and directed. After politics should not judge, not of political character also showed. But in any particular period divided political experience is unforgivable and untouchable political spectrum, then the question is should. It is a measure of the man's politics, are biased? They are able to put in a free vision? I think I have not.

There are many such instances in the history of the world. Minister Krishna Iyer was a time in India. But after the Supreme Court of Justice reached the most bright. His neutrality insist that the whole of India, is incurable. Former US Chief Justice Earl Warren, Chief of California three times before coming to court, was governor. Arizona judge Sandra de akvenara that just died, the Senate leader of the main party. Democratic Party head of state was that the judge Cuffin. Many nations come to judge the political appointment in Australia. There will be kanunamantri the Attorney General and the High Court Judges are number of considerably kanunamantriharu. There are many other such examples.

We've started the parliamentary defense system, which is nowhere lands common law and not in South Asia also. It is a purely American system. The president of the council in the United States is not, and there is the appointment of judges when the Senate is to be answered. We started in the UK in the common law court system directly political involvement of those countries've embraced the parliamentary defense. Council increased the political man's majority. And we are saying and likewise, the court was politicization. That I should be doing and possible politicization of the Court of Justice of the political man should not inviting. It also can not give.

Political background and politicization should be two different things. He stated that the political involvement of the public, without any party may tend to keep. After the free practice by political parties can also. That the appointment akanksiharuko competition.
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