Justices and justice

Delayed justice is becoming the norm as the case-load of the Supreme Court continues to increase.

Separation of powers is at the heart of the democratic process. The three organs of the state are supposed to function with a lot of autonomy and maintain check and balance on one another. But that is not what we see in Nepal. Here, each organ is constantly trying to meddle in the jurisdiction of the other. Heavily politicised, they also struggle to maintain their autonomy. Of the three, the judiciary should have the most autonomy and be the farthest from politics. Instead it is being crippled by the connivance of major political parties. Due to the unhealthy competition among them to appoint their own in the top echelons of the judiciary, the Supreme Court has been without a third of its quota of 21 justices for two months. The Judicial Council, which appoints the apex court justices as well as the judges of other two tiers of courts, has been unable to sit, apparently as many of its members were (or are) currently on foreign trips. This is irresponsible when council rules clearly state that Supreme Court justices should be nominated at least a month before the retirements of incumbents.