Editorial
The political sector has suffered the most in credibility. It was bound to happen since the filth in politics can no longer be hidden. What is most telling for the system now is that the judicial sector has been made naked. Logically democracies make an attempt to sweep the political dirt under the carpet. After all, politics is a power game where the grab is pruned by a constitution that allows legal resort when worst comes to worst. The murky foundations of the Nepali legal system has so exposed itself that no constitutional pretensions will any longer shield the political dirt which has corroded justice in the country for decades now. When institutions of law have been so compromised at the extent s to which the legal sector now have begun exposing, chances of law having been compromised for so long in this system only underscores the fallacies on which this system is built. For simple reasons of rule of law, this system must clearly go. It is only then that the organs of state can receive a thorough overhaul to enable it to forge, sustain and spearhead systemic objectives. The sabotage of national priorities through the collapse of national institutions is now virtually complete. No flimsy attempt to correct it can carry through any meaningful change.
The judiciary was for long a showpiece of our modernist imports. The Rana system it displaced was merely a reflection of the fused society from which our feudal benefited. The Sri Teen as empowered by the Sri Panch was the fountain of law and justice and it was he who delegated that legal authority. Come 1950 and the necessity to build a separate independent court of justice were genuinely seen. This is to the extent that legal experts and appointments were imported from India where the British court system prevailed and even Indians of Nepali origin had found a professional haven. The establishment of a separate judiciary was allowed to grow and a professional legal community was nursed in a manner suiting the professional and independent dignity of the court. To what extent partisan politics had been compromising these efforts has been made public. How deep the rut exists can certainly not be minimized.
If the judiciary can so be bent, it is nary a guess that its decisions can so be bent. The question therefore the judicial decisions regarding the system as done recently on the appointment of government or on the convening and conclusion of parliament. This makes the stalemate in parliament easily explained. We are not bound to believe in the decisions where the purveyors of justice pervert the law. Both the existence of government and the conduct of parliament have come within the realms of questionable judicial decisions. And then there is the whole administrative sector and law and order organs who have been tampered with politically to the peril of performance. Yes, indeed, the all-encompassing nature of political excess that only recently raised its ugly head in the judiciary makes certain that the overhaul is imperative for the purposes of the state.
Login to add a comment