Executive vs judiciary

The Himalayan Times

16 September 2022

Executive vs judiciary

The country has witnessed three revolutions for democracy in the past seven decades. The first was in 1950 when the people revolted to end the century-long autocratic Rana regime. After that, it took 30 years to restore the democracy until the people launched another decisive street protest in 1990 upon the call of the major political parties. The country adopted multiparty democracy with constitutional monarchy. However, the parties elected to power failed to live up to the expectations of the people; rather they were found to be engaged in petty and factional politics that resulted in growing frustration towards the political parties.

The legislative, executive, and judicial powers are the three organs of a government. These organs are balanced in such a way that the power balance system is practically maintained. However, Nepal’s executive and judiciary seem to be having unhealthy relations with each other for a long time because of vested interests. Political parties seem to have intervened in the judiciary to further their own interest. Basically, the appointment of a judge is made in the interest and favour of the political parties and their senior leaders. In the past and present, it has been an open secret that those who were made judges and even the CJ are found mostly to be loyal to the political parties.

Former Chief Justice Sushila Karki had to face impeachment charges, citing her non-cooperation with the government, which was withdrawn later. Now, Cholendra Samser Rana, another Chief Justice, is currently facing impeachment in the parliament and recently completed his statement in the Impeachment Recommendation Committee (IRC) refuting all the allegations made against him in the impeachment motion and accusing his fellow judges, NBA officials, lawyers, advocates and politicians of wrong-doing “CJ Rana refutes allegations against him” (THT, September 1, Page 1). It now remains to be seen whether Rana will be impeached or cleared by this HoR before September 16 or wait for another three months for the new HoR to decide. Also, it remains to be seen whether IRC/HoR committee will lawfully punish others accused by Rana during his hearing process “Chief Justice Rana's testimony: Accused to be summoned” (THT, September 14, Page 1).

Rai Biren Bangdel

Maharajgunj

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