Reversing the provisions in its earlier draft proposal on the new constitution, the Unified CPN (Maoist) has proposed a judiciary in which judges will be elected from the People´s Assembly. The party has also proposed that the final interpretation of the constitution should be done by the People´s Assembly. “We worked on our experience and have proposed a model so that people would have excess to the system and get justice quickly,” said Maoist CA member Prabhu Sah, who heads the Committee to Determine the Form of Judicial System under the Constituent Assembly. The committee will witness raging debates from Monday as committee members from other political parties are vehemently opposing the Maoist proposal. The committee will go for a vote if the members fail to reach consensus. The Maoist party in its earlier draft proposal, which was presented in the Constitutional Committee of the Constituent Assembly, had floated a judiciary in which the judges will be appointed by the executive president with approval from the parliament. In the Maoist proposal, according to Sah, the People´s Assembly will fix certain qualifications for judges, announce vacancies and elect them on proportional basis. The party has also proposed that the final interpretation of the constitution is subject to the People´s Assembly. Members of the assembly will be elected from mixed proportional basis. Going by the Maoist proposal, judges will be prevented from making decisions arbitrarily and they will be responsible to the People´s Assembly. The CA committee has already agreed that the country should adopt a three-tier judiciary — Federal Supreme, provincial, and district. In the Maoist proposal, the judges in these courts will be elected from the people´s assemblies at their levels — Federal, Provincial and District. The Maoist model closely resembles the Chinese judiciary. Earlier, the Maoists had also reversed their earlier stance on the election of executive president. They party had earlier proposed direct election for the executive president, but later demanded that the country go for indirect election of executive president through the People´s Assembly.

Published on 2009-06-29 00:00:53 on