A JC meeting on Tuesday discussed the draft bill that proposes announcement of vacancies for judges at all three levels -- district court, appellate court and Supreme Court -- and calling of public hearings for aspiring candidates, before they are chosen for the posts. [break]
The next meeting of the JC, which is headed by the chief justice, is expected to finalize the draft and forward it to the Ministry of Law and Justice for cabinet approval.
According to JC member Upendra Keshari Neupane, candidates aspiring for judgeships at district courts will have to appear for both a written examination and an interview, under the proposed bill. Those aspiring for appellate court judgeships will have to fill out forms to be developed by the JC.
"Those aspiring for judgeship at appellate courts will also have to attend some sort of test to be developed by the Judicial Council," said JC Secretary Jibanhari Adhikari about provisions in the bill being prepared to amend the existing Judicial Council Act.
Similarly, the draft bill proposes that aspirants to the post of Supreme Court justice will also have to fill out a form to be developed by the JC, setting out why they want the post.
The provision, if approved, will mark a major shift from the existing practice of appointing judges on the basis of a roaster prepared by the J C secretariat in a non-transparent fashion and at the discretion of the chief justice and members of the council.
Under the existing system, those who have good contacts with the J C secretariat, the chief justice and JC members can secure appointments as judges at different courts.
JC member Neupane said that the JC has proposed appointing judges through open competition on the basis of the experience of other countries. Neupane said judges are chosen through open competition in many countries, including India, the UK and Canada.
"The draft bill aims at making the existing judicial appointments system more transparent," said Secretary Adhikari when asked why the JC felt it necessary to change the existing system.
Similarly, the draft bill has also tried to respond to public calls to make the judiciary inclusive and has proposed quotas for women, indigeneous people, Madhesis and Dalits and other backward communites in the appointment of judges. It says that 48 percent of the vacant posts for judges will be reserved for excluded groups and communities.
Of the reserved quotas, 33 percent will be allocated to women, 25 percent to indigenous peoples, 26 percent to Madhesis, seven percent to Dalits, five percent to the physically challenged and four percent to backward communities.
At present, the judiciary is one of the least inclusive institutions. As of now, only six out of the total of 191 judges at courts of different levels are women while the number of judges represenating other excluded groups and communities is also very low.
"The draft bill proposes a policy of positive discrimination in the appointment of judges," said JC member Neupane.
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