A full court meeting of the Supreme Court justices on Sunday came up with a 13-point recommendation for amendment in the draft of the interim constitution.
Concluding that some of provisions in the draft interim constitution run counter to the concept of the independence of the judiciary, the meeting decided to submit the recommendations to the Prime Minister.
The proposal states that the Chief Justice be appointed with the recommendation of the Constitutional Council, not by the Prime Minister as mentioned in the draft of the interim constitution finalised by the eight parties on December 16. The judges have also argued that the CJ should be named as the 'CJ of Nepal' instead of the 'CJ of the Supreme Court'.
The judges have also opposed the provision in the draft interim constitution, which bars retired judges from getting political appointments as well as the provision of impeachment of judges if they are found with mental or physical inability.
Similarly, another recommendation says that the provision of submitting the annual report of the judiciary to the Prime Minister, who will then present it to the parliament, be changed as it is against the concept of judicial independence. The report, it is proposed, should be publicised directly without submitting it to the Prime Minister.
CJ Dilip Kumar Poudel and most of the SC judges were present at the two-and-half-hour long meeting held at the Supreme Court. The judges had been discussing these issues since Thursday.
