To NBA on the Tradition of Corrupt District Judges of Nepal
Prakash Bom
September 18, 2008
Judges of Kathmandu District Court does not need to protest against the charge of the President of Nepal Bar Association. Instead judges should take the charge an opportunity to look into for the transformation of district courts of entire nation to make them free of corruption. It is the need of the time. But if judges do not realize it then it is irresponsible.
It is a fact that district judges are corrupt therefore it is obvious that they keep shielding corrupt individuals to perpetuate their feudal tradition of bribing. The formation of district courts needs fundamental change as per the federal government system that nation has declared for restructuring. This is the responsibility of Nepal Bar Association, which must seriously involve in assisting government and Constituent Assembly for restructuring the entire judiciary system of the nation.
The mandate of Federal Democratic Republic of Nepal is to establish the most doable electoral democratic process for the judiciary appointments. In most of the worldīs federal government system the Supreme Court Judges are nominated by the cabinet for the appointments through the hearing of the respective commission of the Parliament for the Parliamentary vote. But the rest of the other judges for the court (s) such as district courts of Nepal are elected by the electorates of the respective constituents of the district court in general elections for four to six years terms.
Therefore, it is up to the people or electorates to reelect corrupt district judges or not after their terms expires. It is in democracy the electoral process is set to check and balance the corruption and abuse of power. It is up to the performance of individual judge to win the trust of the people to be reelected but not by the grace of the Supreme Court judges for his or her appointment. In democracy such hierarchical power of the institution is considered to be corrupt and undemocratic.
Now it is the question whether Nepal Bar Association is dedicated to the change that nation is predetermined or it is still succumbed to the perspectives of feudal judiciary school of thought. If Nepal Bar Associationīs perspective is doomed to be stubborn for exploring the need for restructuring Nepalīs judiciary system as per the federal government system to establish electoral democratic institutional procedures, then the charge of the president of Nepal Bar Association against district court of Kathmandu is not justified.
The Nepal Bar Association has to be able to bring forth the proposal for restructuring Nepalīs judiciary and law enforcement systems as per the federal government system. Unless Nepalīs judiciary and law enforcement systems are institutionalized for people (electorates) to check and balance with their electoral votes the systems cannot be set with the minimal room for the corruption and abuse of power. It is for sure that the electoral democratic process will not give chance to the corrupt district judges to be reelected.
The feudal mindset of the political leaders, ruling elites and intellectuals are still at this point in the history of Nepal is opposing the establishment of the doable electoral democratic institutional process as cumbersome and expensive process. In my opinion it is an anti-democratic point of view that is conditioned with the lazy old-fashioned school of thought.
The mandate of the Federal Democratic Republic of Nepal is to institutionalize the culture of maximum political consensus and the most doable electoral democratic process. Therefore, the current appointment tradition of judges by the Supreme Court of Nepal must be abolished with the restructuring of the state.
Except for Supreme Court Judges rest of the other judges in state and local government levels must be elected by the electorates of respective constituents of state and local governments for certain term during the general elections.
Similarly, the current appointment tradition of district attorneys and law enforcement officers such as DSP (District Inspector of Police) or sheriff must be abolished. They all must be elected by the electorates of the respective constituents of the district. The current hierarchical appointment tradition simply makes appointed individuals accountable to their chiefs, to the ministry and ministers more than to the people. The check and balance for justice and corruption control must be the right of the people that can be enforced with electoral process.
People will support that political party or institution or association or individual leadership, which is honest and dedicate to institutionalize doable electoral democratic institutional procedures for a new Nepal. If Maoist leadershipsī questioning of status quo of the conventional Parliamentary system that is doomed with the mindset of mainstream democratic parties such as NC and UML for establishing complete electoral institutions of multiparty democratic system for people to play their active role in nation building process then Maoist have my full support.
It is absolutely necessary to terminate the mindset of feudal democratic school of thought from the old establishments of political parties, ruling elites, intellectuals and government employees. Therefore, Nepal Bar Association must play fundamental role in this direction for restructuring the current judiciary system with the institutions of electoral democratic processes that can check and balance the justice and control the appalling corruption of current Nepalīs judiciary system.
It is a fact that district judges are corrupt therefore it is obvious that they keep shielding corrupt individuals to perpetuate their feudal tradition of bribing. The formation of district courts needs fundamental change as per the federal government system that nation has declared for restructuring. This is the responsibility of Nepal Bar Association, which must seriously involve in assisting government and Constituent Assembly for restructuring the entire judiciary system of the nation.
The mandate of Federal Democratic Republic of Nepal is to establish the most doable electoral democratic process for the judiciary appointments. In most of the worldīs federal government system the Supreme Court Judges are nominated by the cabinet for the appointments through the hearing of the respective commission of the Parliament for the Parliamentary vote. But the rest of the other judges for the court (s) such as district courts of Nepal are elected by the electorates of the respective constituents of the district court in general elections for four to six years terms.
Therefore, it is up to the people or electorates to reelect corrupt district judges or not after their terms expires. It is in democracy the electoral process is set to check and balance the corruption and abuse of power. It is up to the performance of individual judge to win the trust of the people to be reelected but not by the grace of the Supreme Court judges for his or her appointment. In democracy such hierarchical power of the institution is considered to be corrupt and undemocratic.
Now it is the question whether Nepal Bar Association is dedicated to the change that nation is predetermined or it is still succumbed to the perspectives of feudal judiciary school of thought. If Nepal Bar Associationīs perspective is doomed to be stubborn for exploring the need for restructuring Nepalīs judiciary system as per the federal government system to establish electoral democratic institutional procedures, then the charge of the president of Nepal Bar Association against district court of Kathmandu is not justified.
The Nepal Bar Association has to be able to bring forth the proposal for restructuring Nepalīs judiciary and law enforcement systems as per the federal government system. Unless Nepalīs judiciary and law enforcement systems are institutionalized for people (electorates) to check and balance with their electoral votes the systems cannot be set with the minimal room for the corruption and abuse of power. It is for sure that the electoral democratic process will not give chance to the corrupt district judges to be reelected.
The feudal mindset of the political leaders, ruling elites and intellectuals are still at this point in the history of Nepal is opposing the establishment of the doable electoral democratic institutional process as cumbersome and expensive process. In my opinion it is an anti-democratic point of view that is conditioned with the lazy old-fashioned school of thought.
The mandate of the Federal Democratic Republic of Nepal is to institutionalize the culture of maximum political consensus and the most doable electoral democratic process. Therefore, the current appointment tradition of judges by the Supreme Court of Nepal must be abolished with the restructuring of the state.
Except for Supreme Court Judges rest of the other judges in state and local government levels must be elected by the electorates of respective constituents of state and local governments for certain term during the general elections.
Similarly, the current appointment tradition of district attorneys and law enforcement officers such as DSP (District Inspector of Police) or sheriff must be abolished. They all must be elected by the electorates of the respective constituents of the district. The current hierarchical appointment tradition simply makes appointed individuals accountable to their chiefs, to the ministry and ministers more than to the people. The check and balance for justice and corruption control must be the right of the people that can be enforced with electoral process.
People will support that political party or institution or association or individual leadership, which is honest and dedicate to institutionalize doable electoral democratic institutional procedures for a new Nepal. If Maoist leadershipsī questioning of status quo of the conventional Parliamentary system that is doomed with the mindset of mainstream democratic parties such as NC and UML for establishing complete electoral institutions of multiparty democratic system for people to play their active role in nation building process then Maoist have my full support.
It is absolutely necessary to terminate the mindset of feudal democratic school of thought from the old establishments of political parties, ruling elites, intellectuals and government employees. Therefore, Nepal Bar Association must play fundamental role in this direction for restructuring the current judiciary system with the institutions of electoral democratic processes that can check and balance the justice and control the appalling corruption of current Nepalīs judiciary system.
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