Nepal

Name-list of citizens for President, Vice-President election released NEFEJ draws PM Dahals attention to modern ecological problems Ram Kumar Kamat of The Himalayan Times had a tête-à-tête with Singh on constitutional and modern laws.

Excerpts: What are the problems of independence of judiciary under the new constitution?First of all, there need to be no adhocism in the judiciary.

At present, we have Acting Chief Justice and six out of seven Chief Judges of the high courts are Acting Chief Judges.

This is bad for the independence of judiciary.

Unless the Justices are permanent, they can not work independently.Apart from this, the current process whereby the judges of the Supreme Court and other courts are selected also requires an evaluation.

Under the current provision, representatives of Nepal Bar Association and Minister of Law, Justice and Parliamentary Affairs also have their functions in the appointment of judges.India has a collegium system where judges remain in the majority to designate judges and I believe comparable system would be much better for our nation to designate judges.

Judges are the best individuals to determine the qualities of the prospects for judges.

There should be no political disturbance in the visit of judges.

It is because of the fair judges appointment procedure in India we do not hear that the judges have any political impact in their daily work of adjudication of cases.

The judiciary faces difficulty of restoring faith in the people that it is cathedral of justice.In the past, judiciary dealt with claims of corruption and anomalies.Ever because the judiciary embraced lottery-based cause list, things have actually improved for much better.

Eventually, we require to opt for automation-based cause list.

Lets hope that our judiciary adopts automation-based cause list soon.Judges also deal with criticism that sometimes they stop working to provide informed verdicts sometimes.

What do you need to state on that?Judges must also be provided training chances especially refreshers course so that they will have an opportunity to understand the present pattern in the jurisprudence and adjudication cases.

Judges need to be sent out abroad to study the adjudication of cases in industrialized world.

Only then can we anticipate our judges to meet the difficulties of our times.

The government should provide brand-new legal books to judges to allow them to be acquainted with the evolving concepts of jurisprudence.Delhi Chief Minister Arvind Kejriwal send out community school instructors to the United Kingdom for training which has revealed good results in Delhi schools.

Now that the qualified teachers have the ability to deal with the challenge of quality education, lots of parents who were inclined to send their kids to independent schools for quality education have actually started to send their kids to community schools.People are stating that the existing electoral system is faulty because no single party can easily win easy bulk in the House of Representatives.

Do you believe that the constitution needs to be revised in order to guarantee political stability?There are some concerns for which we need to change the constitution.

Change to the constitution is a natural course of action to attend to individualss aspirations.

Our constitution stipulates that there can not be more than 25 ministers, consisting of the prime minister in the federal capital however it does not fix any restriction for the strength of provincial governments.

Its about time we likewise considered repairing the limitation of the provincial federal governments strength.

In my personal view, the constitution can be changed to make sure that there disappear than 11 members in the provincial cabinet.

The present constitution specifies that provincial executives can have members approximately 20 percent of the worried provincial assemblies.

When it comes to federal executive, the constitution permits just nine per cent of the HoR to be the members of the Cabinet whereas in the case of provincial federal governments, there can be as much as 20 percent members in the Cabinet.

I hear argument that the electoral system is faulty.

Some even require fully proportional system.

I believe the current electoral system is much better due to the fact that it guarantees representation under both the system - first-past-the-post electoral system (60 percent) and proportional representation system (40 per cent).

Parties need to develop union culture to make the brand-new constitution effective.

In India, the judgment parties have actually successfully run coalition federal government for the previous many years and not even the Indian National Congress want mid-term surveys there.

As far as the demands for fully proportional election is worried, none of the countries of South Asian Association for Regional Cooperation (SAARC) nations have such provision.

The current blended election system is better due to the fact that under the completely proportional election system the prospects will not need to provide their progress report and therefore, they might get away accountability.

There must be committee to work on the problems of constitutional modifications.

Other nations have it and we can also have such a committee to identify the problems of constitutional amendments.People are questioning federalism arguing that it is an expensive system.

What do you have to state on this?There are 26 federal nations on the planet and within South Asia there are 3 federal countries - Nepal, India and Pakistan.

Forty-six per cent of the worlds population reside in federal countries.

None of the federal nations have actually reversed federalism.

All type of nations - large and small - have actually embraced federal system.

India, the worlds second biggest country in regards to population, and Palau which is a tiny island nation near the Philippines with 18,024 population are likewise federal nations.

India and Pakistan have their share of political issues however no one said that federalism was bad for their nation.

In our nation, it is unusual that people have actually begun raising questions against the federal system.

Even some federal government ministers are speaking versus federalism.What legal approaches do you recommend for the economic development of a country?Liberalisation, decentralisation and globalisation are the 3 standard mantras for the general development of any country.

In the current age, any country that fails to draw in sufficient direct financial investment can not achieve the objectives of development and success.

Nepals communist forces are essentially a socialist force but they have actually not dropped communist name from their celebrations.

We have actually seen even communist leaders kids and communist jurists tend to move to the United States of America where a member of communist party is disallowed by law from ending up being a naturalised person of that nation.

When the communist parties imitate a socialist force, they need to not keep communist name in their celebrations names.

Italy offers an excellent example.

Communist celebrations of Italy do not have hammer and sickle as their election sign.

They have actually adopted socialist names.

I believe communist celebrations of Nepal might replicate them because that will offer the worldwide neighborhood a good factor to believe that they will abide by the democratic guidelines.

Unless the foreign financiers feel confidence in our system, unless they have reason to believe that their financial investment are secure, they wont bring huge quantity of investment into our country.

Preferred reforms must be presented in our legal system to draw in enough FDI into Nepal.

The constitution says that we are a public welfare country however in practice we are becoming a farewell nation since every day at least 1,500 individuals aspiring to go to foreign country for work acquire their passports.

Policymakers need to think how we can fulfil the constitutional pledge of transforming the nation into a public well-being country.Singapore is a small nation which does not have its own resources.

Still, it ended up being a prosperous nation in a brief period of time.

Today, Singapore exports 4 times more products than that of India.

Lee Kuwan Yeus truthful efforts to develop Singapore made the country a flourishing one within a short span of time.

When Lee was asked of the secret to Singapores economic success, he stated that he educated his fellow people and they developed the country.

We can likewise attain economic development within a brief span of time but for that to occur, our leaders require to work honestly.

We have more agitators than leaders.A version of this short article appears in the print on February 23, 2023, of The Himalayan Times .

This article very first appeared/also appeared in https://thehimalayantimes.com





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