Parliamentary Debate on Judicial Independence and Impeachment Powers
Summary
Nepal’s parliament has triggered a constitutional debate after MPs suggested investigating judges’ assets and potentially moving toward impeachment over controversial verdicts. Legal experts warn that such moves could undermine judicial independence, while others say parliament may still scrutinize the system within constitutional limits.
Key Points
- RSP MP Yagyamani Neupane proposed forming a special committee to investigate judges’ assets and controversial verdicts, and said impeachment could be considered for wrong decisions.
- CPN-UML MP Guru Prasad Baral opposed the remarks, arguing that parliament should not threaten the judiciary and should respect separation of powers.
- Constitutional experts said Article 105 bars parliamentary debate on cases under judicial consideration, except within the impeachment process under Article 101(2).
- Advocates and senior lawyers differed on the scope of parliamentary scrutiny, but most warned that targeting verdicts over dissatisfaction could damage the rule of law.
