Will the Tradition of Appointing the Chief Justice Be Maintained or Broken?

Prime Minister Balen Shah is preparing to recommend the appointment of the Chief Justice by convening a Constitutional Council meeting on Thursday afternoon. Following a new ordinance that allows decisions by a majority of three members within the Constitutional Council, concerns have risen that the most senior judge may not be recommended. The possibility of appointing a judge other than the senior-most judge as Chief Justice, breaking tradition, has caused uncertainty and anxiety within judicial circles. April 23, Kathmandu.

Prime Minister and Chairman of the Constitutional Council, Balen Shah, has called a meeting of the Constitutional Council for Thursday afternoon. The Secretariat of the Constitutional Council sent letters to the members on Wednesday, including an agenda to recommend the Chief Justice appointment. According to a statement issued by the Prime Minister and Council of Ministers’ office, the letters were sent to Speaker Dol Prasad Aryal, National Assembly Chair Narayan Prasad Dahal, Law Minister Sobita Gautam, Leader of Opposition in the House of Representatives Bhishma Raj Angdembe, and Deputy Speaker Ruby Kumari.

According to Article 129(3) of Nepal’s Constitution, “A person who has served as a Supreme Court judge for at least three years shall be eligible for appointment as Chief Justice.” However, this time, rumors are circulating that the National Independent Party and Prime Minister Balen Shah may break this precedent and appoint a judge other than the senior-most as Chief Justice. Meanwhile, several senior Supreme Court judges are reportedly concerned and confused about this development.

Sources connected to the Supreme Court and the Prime Minister’s Office indicate that there are reasons to suspect the judicial practice of appointing the Chief Justice may be broken this time. Firstly, some senior leaders of the National Independent Party have expressed that they might break the previous precedent in the leadership selection of the judiciary this time. The Prime Minister-associated team showing interest in certain other judges recommended has strengthened their suspicions.