Prime Minister Engages in Q&A with Opposition Leader During Constitutional Council Meeting
News Summary
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- During the Constitutional Council meeting, Prime Minister Balendra Shah proposed breaking the seniority order to recommend Dr. Manoj Sharma as Chief Justice.
- Leader Bhishmaraj Angdembe strongly opposed the proposal citing violation of seniority and stated Congress would not support it.
- A question and answer session lasting about one and a half hours occurred between the Prime Minister and opposition leaders, focusing on basing the recommendation on judicial performance.
April 7, Kathmandu – It has emerged that during the Constitutional Council meeting, Prime Minister Balendra Shah and Nepali Congress opposition leader Bhishmaraj Angdembe engaged in an extended question and answer session.
According to a member of the Constitutional Council, Prime Minister Shah introduced the agenda item concerning the recommendation for Chief Justice at the start of the meeting. Initially, he proposed recommending Justice Dr. Manoj Sharma, who is fourth in seniority according to the Supreme Court hierarchy.
After the proposal was presented, most members remained silent. National Assembly Chair Narayan Dahal and Deputy Speaker Rubi Kumari did not respond either. However, opposition leader Bhishmaraj Angdembe strongly opposed the proposal.
Angdembe told Prime Minister Shah, “You have broken the seniority protocol. In 80 years of judicial history, there has been no precedent for violating seniority. You proposed bringing forward the fourth-ranking judge. You are violating the constitution. Congress will not support this.”
The council members said a Q&A session then began between the Prime Minister and Angdembe.
Prime Minister Shah responded, “The recommendation is based on judicial performance data. Justice Dr. Manoj Sharma has delivered the most judgments.”
Angdembe replied, “Is judicial output the primary criterion? You cannot bypass seniority.”
Prime Minister Shah further stated, “Justice Manoj Sharma resolved approximately 7,500 cases over five years. In contrast, Acting Chief Justice Sapana Pradhan Malla delivered about 4,000 judgments during the same period. Therefore, Sharma is more suitable.”
Angdembe contested, “It is incorrect to evaluate based on the number of cases handled. The most senior judge should be proposed according to legal tradition and constitutional provisions. I will speak in favor of law, tradition, and the constitution.”
Prime Minister Shah reiterated, “The person with the highest judicial output is the most qualified.”
This exchange continued for about one and a half hours, with most other members remaining silent. Throughout, the Prime Minister repeatedly relied on judicial performance data to justify recommending Dr. Manoj Sharma.
According to a statement circulated by the Prime Minister’s Secretariat to the media, data covering the last five years of judicial work by six Supreme Court justices was presented. The data showed Justice Manojkumar Sharma judged approximately 7,400 cases, the highest among all.
In the same timeframe, Acting Chief Justice Sapana Pradhan Malla ruled on roughly 4,700 cases. Behind Sharma, justices Hari Phuyal and Kumar Regmi resolved the next highest number of cases. The Prime Minister used this statistical information as the basis for recommending Dr. Sharma.
Following the prolonged Q&A session, the meeting agreed to draft the minutes of the decision. During this process, opposition leader Angdembe announced his intention to submit a written dissent, which was supported by National Assembly Chair Narayan Dahal.