A meeting of representatives from the 27 political parties represented in the Constituent Assembly (CA) on Sunday couldn´t endorse the provision as to the appointment of Chief Justice of the Supreme Court and chiefs and members of other constitutional bodies as recommended by the high-level taskforce.[break]
Earlier, leaders at a meeting of the high-level taskforce formed to settle disputes in constitution-writing had agreed to incorporate a provision entrusting an independent body similar to the Constitutional Council (CC) to appoint CJ and chiefs and members of other constitutional bodies. The taskforce was headed by UCPN (Maoist) Chairman Pushpa Kamal Dahal.
Maoist leader Dev Gurung said his party would agree to incorporate the provision endorsed by taskforce meeting only if other parties are ready to entrust the independent body with the responsibility of appointing other SC judges as well.
But NC, UML and other party leaders are for giving continuity to the existing system of entrusting the Judicial Council (JC) with the responsibility of appointing SC judges.
“We can´t agree on Gurung´s proposal to authorize the CC to appoint SC judges. JC, which is headed by CJ, is the appropriate body for the purpose,” said a leader present at the meeting, adding, “Giving such responsibility to the CC will pave the way for over-politicization in the judiciary.”
Speaker Subas Nembang had then asked the leaders at Sunday´s meeting to stop discussion on the issue saying he would take up the issue with the top political leaders. “Perhaps the speaker is hopeful that Dahal´s presence at the meeting can be helpful in resolving the matter,” he said. Dahal wasn´t present at the meeting on Sunday.
Leaders at the meeting also failed to endorse provisions related to citizenship.
The taskforce in November had recommended providing naturalized citizenship to foreign nationals who wish to acquire Nepali citizenship after marrying Nepali nationals. As per the proposed provision, a foreign man marrying Nepali national would need to continuously stay in Nepal for at least 15 years to acquire Nepali citizenship.
However, a foreign woman marrying a Nepali national would be entitled to Nepali citizenship immediately if she produces evidence of relinquishing the citizenship of her previous country.
Leaders from some small parties including CP Mainali of CPN-ML argued at the meeting that the same provision should apply to women.
“If we think that conditions should be imposed on foreign man seeking Nepali citizenship in view of national security, the same condition should be applied in the case of a foreign woman as well. Can´t a woman be a threat to national security,” a leader had said at the meeting.
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