Constitutional Council Meeting Called to Recommend Chief Justice

Kathmandu. With the convening of the Constitutional Council meeting to recommend the Chief Justice, the question of who will become the Chief Justice has arisen. The meeting has been scheduled for Thursday at the direction of Prime Minister and Council Chairman Balen Shah. According to the Prime Minister's press aide Deepa Dahal, the meeting has been called prioritizing the constitutional responsibility of selecting the leadership of the judiciary. Although the Judicial Council had previously recommended the names of six Supreme Court judges for the post of Chief Justice, the process had been stalled for a long time. With the issuance of an ordinance by the President, the path has now been opened for the appointment of the Chief Justice of the Supreme Court, judges, and constitutional commission officials at Shah's convenience. After Chief Justice Prakashman Singh Raut went on retirement on Chaitra 18 due to the 65-year age limit, the Judicial Council had sent the names of six Supreme Court judges, including the seniormost judge Sapana Pradhan Malla, Kumar Regmi, Hari Prasad Phuyal, Dr. Manoj Kumar Sharma, Dr. Nukul Subedi, and Til Prasad Shrestha, to the secretariat of the Constitutional Council for the post. After Raut's retirement, Sapana Pradhan Malla is currently the acting Chief Justice. Article 129, Sub-article 3 of the Constitution states that a person who has worked as a Supreme Court judge for at least three years is eligible for appointment as Chief Justice. As per this sub-article, the Council has recommended the names of all judges who have completed three years of service. In the past, the Constitutional Council has recommended the appointment of Chief Justice based on seniority among the names sent in this manner. The government has not been found to have appointed a Chief Justice by bypassing seniority so far. It has become a matter of interest whether the Constitutional Council will select the Chief Justice of the Supreme Court based on seniority or proceed with the appointment of someone else among the six recommended individuals. Constitutional expert and senior advocate Dr. Bhimार्जुन Acharya said that according to the constitution, the Constitutional Council can appoint any of the six individuals sent by the Judicial Council as Chief Justice. He argued that all judges who have worked in the Supreme Court for three years are eligible to become Chief Justice as their names have been recommended by the Judicial Council. Senior advocate Acharya said,