Supreme Court Recommends Manojkumar Sharma as New Chief Justice

Manojkumar Sharma has been recommended as the new Chief Justice of the Supreme Court. The Constitutional Council, chaired by Prime Minister Balendra Shah ‘Balen’ on Thursday evening, endorsed his appointment to the post, according to two council members. However, his official appointment as Nepal’s Chief Justice requires approval from the Parliamentary Hearing Committee.

Concerns have been raised regarding the recommendation, with National Assembly Chair Narayan Prasad Dahal and Leader of the Opposition Bhishmaraj Andembey expressing dissent, citing that the seniority principle was not followed. Other attendees of the meeting have confirmed this information. According to Article 284 of Nepal’s Constitution, the Constitutional Council, presided over by the Prime Minister, is responsible for recommending the Chief Justice.

The Legal Council includes the Chief Justice, Speaker of the House of Representatives, Chair of the National Assembly, Leader of the Opposition in the House, and Deputy Speaker of the House. Additionally, the Law and Justice Minister of the Government of Nepal is also a member of the Constitutional Council and participated in Thursday’s meeting, represented by Minister Sobita Gautam.

Experts have noted that it is a longstanding practice for the Constitutional Council to recommend the most senior Supreme Court judge as Chief Justice based on seniority. However, reports indicate that this tradition was broken in this instance. The appointment of the Chief Justice and other Supreme Court judges is formalized by the President.