The Himalayan Times
28 October 2021
Mockery of democracy
It is not surprising to see the Supreme Court (SC) judges being embroiled in delivering controversial verdicts considering their appointments based on political affiliations. The quota system being applied by and among the political parties while appointing judges including the Chief Justice (CJ) in the SC, is an open secret. This malpractice being applied in their appointment continues to raise questions about the relevancy and fairness of their verdicts, which have been gradually discrediting the supremacy of justice. The people seem to be losing hope of getting a fair trial and verdict from such questionable role of the judges.
The recent blame game between the past and the present governments and the SC paints a clear picture of bad practices prevailing in the political and judicial history of Nepal. The role and final verdict of constitutional bench of the SC while dealing with the then Oli led government’s frequent decision on the HoR dissolutions remained controversial. Likewise, its role of appointing Deuba-led coalition government by ousting Oli-led government remained highly controversial, citing its move as unconstitutional. However, nobody dared to challenge the SC’s verdict. Now, the CJ has been cornered for asking a ministerial berth for his relative in the cabinet in favour of the verdict.
The major political parties and their senior leaders are making mockery of democracy by misusing their power and authority for their own political benefits. As a result the three essential elements of democracy, namely, the Legislature, Executive and Judiciary, seem to be fading away. The system of separation of powers divides these elements so that each of them can check the others. As a result, no one institution can become so powerful in a democracy.
Rai Biren Bangdel
Maharajgunj
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