Download This PaperProsecutor to Judge: Is It Right or Not?
22 Pages Posted: 23 Apr 2020
Date Written: March 30, 2020
Abstract
In Nepal, Judges have been appointed also from lawyers in the Supreme Court and High Courts while The Constitution of Nepal (2015) has provided appointment of judges even from the legal practitioners in the aforesaid courts and District Court. However, such a practice of appointment has shown both positive and negative consequences. General understanding is that judges are appointed on the basis of economic, political and personal influences, being too inferior in the name of qualifications and experiences, merely taking base the certificate of lawyer, and such judges have poor performances.
Generally, advocacy is the medium of relationship of society to the formal power of the state. But a judge, who needs higher morality and positional ethics, is a formal position that can be adjudicated only through a session. It is important to pay serious attention to the functions, duties and dignity not just the position.
In order to be in favor of justice, both the person who recommends and who should be the one to be recognized, candidate must be qualified, efficient and higher moral and ethical, be a nonaligned personality, taken basis of the merits of the candidate, maintain clear transparency, not to be an agent, be transparency of income of both the recommender's and the recommended, delusional Nepal Bar Association must be corrected and judge must practice high endurance.
Thus, having merely the qualities of a lawyer will not qualify one to be a judge. In order to be a judge, the basic qualities of a judge must exist. We have to do good work to get good returns. If so, a judge from a legal practitioner may be able to carry out assigned duty, functions and responsibility properly and effectively. Otherwise, the court and the judge are mere formalities.
Keywords: lawyer, legal practitioner, court, judge, recommendation, appointment, positive and negative consequences, influences, poor performances, advocacy, formal power, higher morality, positional ethics, nonaligned, transparency, high endurance, properly and effectively, mere formalities
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