Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 6, Issue 1, April 2018
Articles

Unwholesome Tendencies in the Judicial Appointment - A Nepali Perspective

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  • Bishal Khanal
Bishal Khanal
Faculty Member, Kathmandu University School of Law
Bio

Published 2018-04-30

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How to Cite

Khanal, B. . (2018). Unwholesome Tendencies in the Judicial Appointment - A Nepali Perspective. Kathmandu School of Law Review, 6(1), 53–67. Retrieved from https://kslreview.org/index.php/kslr/article/view/948

Abstract

Although judges are often examined and inspected on various court affairs and subsequent efficiency or deficiency, judge-making systems, especially supersession, is largely unchecked. Nonetheless, it comprises a huge ground for worrying domain of diminishing values and esteem of courts. Unfair practices in appointment and the way they are responded to, hugely embody devastating present and damaging future for expected strength in judiciary. This paper, besides citing various scholars’ views on how a judge should be, critically examines the tendency of Supersession (one of the wrong norms in judicature) and its impacts in eroding the efficacy of judiciary.

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References

  1. David Shrager & Elizabeth Frost, the Quotable Lawyer, Aditya Books, New Delhi, 1992, p. 148.
  2. H.L. Mencken, A New Dictionary of Quotations on Historical Principles from Ancient and Modern Sources, Alfred A. Knopf, 1942.
  3. Leeson v General Council of Medical Education [1889] 43 Ch D 366.
  4. Mencken (n 2).
  5. Shrager & Frost (n 1), pp. 141-149.
  6. V.I. Lenin, Political Parties and the Proletariat, 1917; Ibid.
  7. Bharath Joshi, ‘Please Step Down Justice Y Bhaskar Rao Bengaluru Voices its Demand’, The Economic Times, New Delhi, 30 June 2015.
  8. Kuldip Nayar (ed), Supersession of Judges, Indian Book Company, New Delhi, 1973, pp. 9-41. In the book the issue of supersession of judges has been brilliantly analyzed by other 11 outstanding brains including three judges who were arbitrarily superseded during appointment of the of the 13th Chief Justice of India, so resigned then and there. Some observes that it was the darkest day of Indian judiciary in Independent India. By then supersession of judges was largely ignored in India.
  9. Fali S. Nariman, ‘Judicial Independence in India’, in Venkat Iyer (ed), Democracy, Rule of Law and Human Rights: Essays in Honour of Nani Palkhivala, Butterworths India, New Delhi, 2000, pp. 24-25.
  10. Gerald W. Johnson, The Supreme Court, Morrow, 1962 pp. 40, 48.
  11. Nayar (n 8).
  12. Dhrubalal Shrestha, ‘Nyayadhis Sipharisma Bhagbanda (Allocation of Seats for Appointment of Supreme Court Judges based on Representation of Different Political Parties)’, Annapurna Post, Kathmandu, 10 April 2016.
  13. Binod Karki, ‘Nyayik Rajniti Niyantranka Upaya (Ways for Controlling Politics in Judicial Appointment)’, Kantipur, Kathmandu, 15 April 2016; Madhav Kumar Basnet, ‘Byabasthit Nyayapalikako Abhyas (Effort for the Practice of Judiciary Already Managed)’, Nagarik, Kathmandu, 4 April 2016; Ibid.
  14. Shrestha (n 12).
  15. Ibid.
  16. Ibid.
  17. Editorial, Annapurna Post, Kathmandu, 10 April 2016.
  18. Basnet (n 13).
  19. Ibid.
  20. Ibid.
  21. Ibid.
  22. Ibid.
  23. Kalyan Shrestha, Kantipur, Kathmandu, 12 April 2016.
  24. Surendra Prasad Yadav v Chief Justice Sushila Karki and members of Judicial Council, 2073 (2017).
  25. Henry Campbell Black, Black’s Law Dictionary, 6th edition, West Publishing Co., St. Paul, 1990, p. 1030.
  26. Justice Beg superseded H.R. Khanna in 1977 and became the Chief Justice of India.