Supreme Court Faces Leadership Vacuum as Constitutional Council Remains Incomplete

Kathmandu. Chief Justice Prakashman Singh Raut retired on Chaitra 18 due to the mandatory age limit. Senior Justice Sapana Pradhan Malla has assumed the responsibilities of Acting Chief Justice of the Supreme Court.

The Judicial Council recommended six names to the Constitutional Council on Falgun 21 for the position of the new Chief Justice. The nominees include Sapana Pradhan Malla, Kumar Regmi, Hari Phuyal, Dr. Manoj Kumar Sharma, Dr. Nahakul Subedi, and Til Prasad Shrestha.

According to the Judicial Council Act 2073, Section 4, Subsection (1), the Council must identify Supreme Court judges retiring due to age and recommend a successor at least one month before the vacancy occurs.

Currently, the Constitutional Council is incomplete, and the Parliamentary Hearing Committee has not yet been formed, which is a constitutional requirement for the appointment of the Chief Justice.

• Constitutional Council incomplete, Hearing Committee yet to be formed

The six-member Constitutional Council, chaired by the Prime Minister, includes the Chief Justice, Speaker of the House of Representatives, Chairperson of the National Assembly, Leader of the Opposition, and Deputy Speaker. When recommending a Chief Justice, the Minister of Law and Justice also serves as a member.

Prime Minister Balendra Shah currently leads the government, and Sovita Gautam serves as the Minister of Law, Justice, and Parliamentary Affairs. However, the positions of Speaker, Deputy Speaker, and Leader of the Opposition remain unresolved or vacant, complicating the council's functionality.

Chief Secretary Suman Raj Aryal stated that no discussions have been held regarding calling a meeting of the Constitutional Council. Similarly, General Secretary of the Federal Parliament Secretariat, Padma Prasad Pandey, noted that it will take at least a week to form the Parliamentary Hearing Committee.

• No ruling party majority in the Council

Under current laws, decisions in the Constitutional Council require a consensus or a majority vote. Given the current political landscape, the ruling party lacks a clear majority in the council. Experts suggest that the Prime Minister is hesitant to call a meeting because the council is incomplete and achieving a favorable decision is difficult, meaning Sapana Pradhan Malla is likely to continue as Acting Chief Justice for the foreseeable future.