“After holding discusions with the justices and lawyers, we finally approved the bill today,” said JC member Upendra Keshari Neupane. [break]
The bill has to be endorsed by the cabinet before it goes on to become law.
JC members said the bill was prepared in the wake of the new inclusion policies adopted by the government as well as popular demand for competition and transparency while appointing judges at different levels.
A member of the JC stated that the bill makes inclusion mandatory in the appointment of judges at the district courts, which is the entry level.
“It will be difficult to make the top levels of the judiciary inclusive all at once due to several factors including the lack of skilled manpower in the targeted marginalized groups. So we have begun the process at the entry level,” said the member, requesting anonymity.
As per the draft bill, vacancies will be announced at all three levels -- district court, appellate court and Supreme Court -- and the aspiring judges must undergo written and oral tests as well as a public screening before being picked for the positions.
The provision, if approved, will be a major departure from the current practice of appointing judges from a roaster prepared by the JC secretariat and at the discretion of the JC, which is headed by the chief justice.
There were allegations that it was those having good contacts with the JC members that could secure appointments as judges at different courts of law.
JC member Neupane said that the JC has acted in keeping with the practices of other countries, including India, the UK and Canada, where judges are appointed through open competition.
Similarly, the draft bill has proposed a quota system for the inclusion of women, Janajatis, Madhesis and Dalits and other backward communities while appointing judges.
While reserving 48 percent of the positions for the marginalized communities, the bill ensures 33 percent positions for women, 25 percent for Janajatis, 26 percent for Madhesis, seven percent for Dalits, five percent for the physically challenged and four percent for other backward communities.
At present, the judiciary is one of the least inclusive institutions, and only six out of the total of 191 judges are women while the number of judges representing marginalized communities and castes is also very low.
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