Posted by: nepalilaure February 19, 2015
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Ok, lok sewa and CIAA are not perfectly comparable when it comes to functioning. But, i just wanted to give an example that party allocation (please note, NOT affiliation) can work even in constitutional bodies.
लोक सेवामा काम गर्ने मान्छेले भन्छन "त्यहाँ भित्र सिस्टम येति कडा छ कि चोर लाइ नै सदस्य बनाएपनि केहि गर्न सक्दैन" \ तेसैले त ४६ साल अगाडिको र ४६ साल पछाडिको लोकसेवामा केहि फरक छैन , जबकि ४६ साल पछि कुनै न कुनै रुपमा पार्टीले पत्याएको मान्छे नै नियुक्त हुदै आएका छन् \
CIAA is different in the sense that working procedure is not as clear as lok sewa. There always remains discretion in deciding whether to file a case or not, and in setting priority.
About the ties to political leaders. I believe even the members who used to get appointed before 2062/63 also had ties to the party or leaders, but if the proposed name get questioned by a single member he/she would be dropped. अहिले चै three parties propose the names which should be accepted without questions.
Kiddo, It may sound i am disagreeing to your points, but i believe that if commissioners have courage they can function well even after getting appointment through party allocation. CIAA is really a powerful body, as powerful as Supreme Court. If you look at supreme court justice Sushila Karki (who was appointed at the recommendation of Bar Association- i believe enough politics was there),whose father, husband all are big time congress stalwarts, wrote a final verdict (that can't be appealed anywhere) against JP Gupta (minister that time, and a good kangress man previously) and Khum B Khadka, influential kangress leader. If she had wanted, she would have easily avoided the case.
ps. I am not against a provision of some non-political council to do the job that present Constitutional Council doing now. That council can consist of two living former chief justices, current chief justice (or seniormost judge next to chief justice) and one another person proposed by government and approved by parliament. Something, that they had recently formed to recommend names for Human Right Commission. But, the thing is that none of the parties will agree on such provision, not even madeshi parties, let alone big three.
लोक सेवामा काम गर्ने मान्छेले भन्छन "त्यहाँ भित्र सिस्टम येति कडा छ कि चोर लाइ नै सदस्य बनाएपनि केहि गर्न सक्दैन" \ तेसैले त ४६ साल अगाडिको र ४६ साल पछाडिको लोकसेवामा केहि फरक छैन , जबकि ४६ साल पछि कुनै न कुनै रुपमा पार्टीले पत्याएको मान्छे नै नियुक्त हुदै आएका छन् \
CIAA is different in the sense that working procedure is not as clear as lok sewa. There always remains discretion in deciding whether to file a case or not, and in setting priority.
About the ties to political leaders. I believe even the members who used to get appointed before 2062/63 also had ties to the party or leaders, but if the proposed name get questioned by a single member he/she would be dropped. अहिले चै three parties propose the names which should be accepted without questions.
Kiddo, It may sound i am disagreeing to your points, but i believe that if commissioners have courage they can function well even after getting appointment through party allocation. CIAA is really a powerful body, as powerful as Supreme Court. If you look at supreme court justice Sushila Karki (who was appointed at the recommendation of Bar Association- i believe enough politics was there),whose father, husband all are big time congress stalwarts, wrote a final verdict (that can't be appealed anywhere) against JP Gupta (minister that time, and a good kangress man previously) and Khum B Khadka, influential kangress leader. If she had wanted, she would have easily avoided the case.
ps. I am not against a provision of some non-political council to do the job that present Constitutional Council doing now. That council can consist of two living former chief justices, current chief justice (or seniormost judge next to chief justice) and one another person proposed by government and approved by parliament. Something, that they had recently formed to recommend names for Human Right Commission. But, the thing is that none of the parties will agree on such provision, not even madeshi parties, let alone big three.
Last edited: 19-Feb-15 02:17 PM