INSUBCONTINENT EXCLUSIVE:
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
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
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,
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
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
