Supreme Court leadership remains vacant as Constitutional Council fails to convene

Kathmandu. Twenty-two days have passed, yet Prime Minister Balendra Shah has failed to convene a meeting of the Constitutional Council to appoint the leadership of the Supreme Court, the country's apex court. The position of Chief Justice has been vacant since Chaitra 18, following the mandatory retirement of Chief Justice Prakashman Singh Raut on Chaitra 17 due to age limits.

Previously, the Prime Minister's Office, which houses the Council's secretariat, cited the absence of a parliamentary hearing committee and incomplete appointments of ex-officio members as reasons for the delay. However, with only one member left to be selected and the hearing committee already formed with a chairperson in place, the Council meeting has still not been called.

Council Secretary and Chief Secretary of the Government of Nepal, Suman Raj Aryal, confirmed that no meeting has been scheduled to date.

On Falgun 21, the Judicial Council recommended six senior judges to the Constitutional Council for the position of Chief Justice: Sapana Pradhan Malla, Kumar Regmi, Hari Phuyal, Dr. Manoj Kumar Sharma, Dr. Nahakul Subedi, and Til Prasad Shrestha.

According to Section 4, Sub-section (1) of the Judicial Council Act, 2073, the Council is required to identify Supreme Court judges retiring due to age and recommend a successor at least one month before the position becomes vacant.

Despite this, the meeting has not been called even as the vacancy approaches the one-month mark.

Under Article 284, Sub-section (1) of the Constitution of Nepal, the Council is a six-member body chaired by the Prime Minister, including the Chief Justice, Speaker of the House of Representatives, Chairman of the National Assembly, Leader of the Opposition in the House of Representatives, and Deputy Speaker of the House of Representatives. Currently, only the selection of the Leader of the Opposition remains pending.

The current members of the Constitutional Council include Prime Minister Balendra Shah, Speaker of the House of Representatives Dol Prasad Aryal, Chairman of the National Assembly Narayan Prasad Dahal, and Deputy Speaker of the House of Representatives Ruby Kumari Thakur.

Following the elections held on Falgun 21, the Rastriya Swatantra Party holds a majority in the House of Representatives, with senior leader Shah serving as Prime Minister. The Nepali Congress, the second-largest party, is the main opposition but has yet to select its parliamentary party leader, with elections scheduled for Wednesday, Baishakh 11.

While the Chief Justice is a member of the Constitutional Council, the Constitution stipulates that the Minister of Law and Justice shall serve as a member when the Council meets to recommend a new Chief Justice. Currently, Sobita Gautam serves as the Minister of Law, Justice, and Parliamentary Affairs.

The constitutional process requires the Judicial Council to recommend qualified Supreme Court judges to the Constitutional Council. The Constitutional Council then selects one candidate and recommends them to the Parliamentary Hearing Committee.

The joint committee of the House of Representatives and the National Assembly has been formed, and its chairperson, Rastriya Swatantra Party MP Bodh Narayan Shrestha, has already assumed office.

Legal provisions dictate that once the committee completes the hearing, it recommends the candidate to the President, who then appoints the Chief Justice and administers the oath of office and secrecy.