Why the Impeachment Motion Against Nepal’s Chief Justice Is All Wrong
Kathmandu: It is not hard to see the malafide intent behind the impeachment motion the two major constituent parties of the ruling coalition – Nepali Congress and Communist Party of Nepal (Unity Center) – have brought against Nepal’s chief justice, Sushila Karki. The first woman chief justice of Nepal was suspended with immediate effect after 249 lawmakers from the two parties filed an impeachment motion against her in the national parliament on April 30. As per the constitution, the chief justice is immediately suspended if at least 25% of lawmakers file an impeachment motion.
While almost all legal scholars in Nepal agree that the impeachment motion was unjustified, they differ on what should be done in its wake.
Bipin Adhikari, a constitutional lawyer, disagrees. “I am not in favour of chopping and changing the constitution,” he told The Wire. “And I don’t think it’s a case of a faulty constitution. It has more to do with the intent of the political parties. If our major political actors have no morals and if they simply refuse to abide by the principles of separation of powers and check and balance, then it really doesn’t matter what kind of constitutional provisions we have.”
Adhikari believes that the impeachment motion against Justice Karki has already done irreparable damage to Nepali democracy. He doesn’t see much hope unless the corrupt political culture changes.