Congress Deputy President Bishwa Prakash Sharma Questions New Chief Justice Appointment Process

Kathmandu. Nepali Congress Deputy President Bishwa Prakash Sharma has raised serious questions about the process of appointing the new Chief Justice. In a post on social media, he strongly criticized the government and ruling coalition parties for the lack of synchronicity between their words and actions. He urged Deputy Prime Minister and Home Minister Rabi Lamichhane and other responsible leaders to reflect on the fact that while words speak of 'correcting past mistakes,' actions are following 'North Korea.' Sharma accused the current government of carrying the stain of mistakes that even the Panchayat did not make in Nepal's 80-year-long judicial history. Hinting at the ongoing dispute over the interpretation of majority in the Constitutional Council meeting, he recalled Article 128(4) of the Constitution. He mentioned that this article clearly stipulates that everyone must abide by the interpretation of the Supreme Court, emphasizing the democratic principle that a majority requires a plurality. Citing the Prime Minister as a precedent, Sharma referred to the Supreme Court's decision on May 14, 2081 (Bikram Sambat) regarding the Gandaki Provincial Assembly. Using the Supreme Court's interpretation that 31 members are required for a majority in the 60-member Gandaki Provincial Assembly as a basis, he argued that 3 members cannot constitute a majority in a 6-member Constitutional Council. He asserted that the universally accepted principle of majority is the same in all democratic countries except North Korea. He indicated that the government is trying to attack the judiciary by interpreting the mathematics of the Constitutional Council in its favor. He warned the government to abide by the constitution and legal precedents, stating, 'A majority must be a plurality; a decision by 3 members cannot be a majority in a 6-member council.' Prime Minister Balendra (Balen) Shah has called a meeting of the Constitutional Council on Thursday. Prime Minister Shah has called the meeting for 5 PM today. Prior to this, President Ram Chandra Paudel had issued an ordinance related to the Constitutional Council just last Tuesday. According to the new provision, a quorum will be met if four out of the six members are present for the Constitutional Council meeting. Similarly, the legal provision states that the council can make any decision with the majority of three members.