What Constitution Reform Commission says on decentralising judiciary
To enhance justice and accessibility, the Constitution Reform Commission has recommended decentralising the judiciary.
In the first part of its report, published today (8 February), it highlights their recommendations for the country's judiciary.
The commission recommends the decentralisation of the High Court Division by establishing permanent High Court benches in all divisions across the country.
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It proposed preserving the Supreme Court's Appellate Division structure in the capital.
The reform commission also proposed the formation of a Judicial Appointments Commission (JAC) to oversee the appointment of judges.
The JAC will be established for the appointment of Supreme Court judges. The members of the commission will be the chief justice, the next two senior judges of the Appellate Division, two most senior judges of the High Court Division, the attorney general and a citizen nominated by the upper house of the parliament, says the reform commission.
The commission proposes the inclusion of conditions for integrity and truthfulness, alongside the necessary knowledge and skills, for eligibility to become a judge of the Supreme Court.
A provision for institutionalising the appointment of the most senior judge of the Appellate Division as the chief justice should be included in the constitution, the commission said in its recommendations.
The Supreme Judicial Council will remain in force, the commission recommended, adding that the power to send complaints for investigation and inquiry to the Supreme Judicial Council will rest with the head of state, as well as the National Constitutional Council (NCC).
It also recommended granting full financial independence to the judiciary.
The Constitution Reform Commission has identified seven key areas crucial for establishing a functioning democracy, ensuring fundamental human rights, and promoting accountability.
These areas include enshrining "equality, human dignity, social justice, pluralism, and democracy" as core principles of the constitution and the state, reflecting the ideals of the 1971 Liberation War and the aspirations of the 2024 mass uprising.
Establishing an institutional balance of power, reducing the absolute power of the prime minister, and presenting specific proposals for an interim government structure are also among the recommendations.
It proposed decentralising the judiciary, strengthening local government systems, and expanding the scope of fundamental rights and ensuring their constitutional protection and enforceability.
Lower courts
The commission proposed using the term "Local Courts" instead of "Lower Courts."
It also recommends that the appointment, posting, promotion, leave, discipline, and all other related matters concerning the judicial officers of the local courts be entrusted to the Supreme Court.
To this end, the commission recommends the establishment of a judicial secretariat under the supervision of the Supreme Court.
This secretariat will have full control over the administrative functions, budgeting, and human resource management of both the Supreme Court and local courts through a dedicated fund.
