Article Details

The Judicial Appointments in Nepal: A Study with Special Reference to Constitutional Provisions and Practices Prevalent in India | Original Article

Jivesh Jha*, Alok Kumar Yadav, in Career International Journal of Social Sciences and Law | Social Science

ABSTRACT:

The judicial appointments made in line with the recommendations of the party at the helm or opposition would not only politically influence the business of judiciary but it will also invite a say of the executive and thereby question the effective implementation of the separation of power. By devising the Collegiums system for appointing the judges in higher judiciary, the Supreme Court of India has succeeded to curb the political interference in entire judicial appointment process. However, the position is different in case of Nepal. Nepal’s Law Minister and Prime Minister share a berth at the Judicial Council and Constitution Council, respectively, which are empowered to recommend the name of the persons to be appointed as judges and Chief Justice of Nepal. This paper delves to comparatively analyze the constitutional provisions and practices regarding the judicial appointments in India and Nepal.