With the Nepali Congress selecting MP Bhishmaraj Angdambe as the leader of its parliamentary party, the Constitutional Council has been completed. The Council is now required to recommend names for vacant constitutional posts, including the Chief Justice, Chief Commissioner of the Election Commission, Chairperson of the Inclusion Commission, and other constitutional officials. The position of Chief Justice has been vacant since Chaitra 17, with senior-most Justice Sapana Pradhan Malla currently serving as acting Chief Justice. (April 28, Kathmandu)
The Constitution of Nepal mandates the establishment of the Constitutional Council, chaired by the Prime Minister, to recommend appointments for positions ranging from the Supreme Court’s Chief Justice to various constitutional bodies. Members of the Council include the Chief Justice, leader of the main opposition party, Speaker, Deputy Speaker, and Chairperson of the National Assembly. However, when recommending a Chief Justice, the law minister replaces the acting Chief Justice as a member of the Council.
Following the House of Representatives election on Falgun 21, the Speaker and Deputy Speaker were appointed to the Constitutional Council, but it remained incomplete as the Nepali Congress had not selected the leader of its opposition parliamentary party. However, the Council became complete on Monday after Angdambe was unanimously elected as the parliamentary party leader.
Which Positions Are Vacant?
The position of Chief Justice has been vacant since the retirement of Prakashman Singh Raut on Chaitra 17. Supreme Court senior-most justice Sapana Pradhan Malla is currently acting as Chief Justice. The Judicial Council has already submitted the names of Justices Kumar Regmi, Hari Phuyal, Dr. Manoj Sharma, Dr. Nahakul Subedi, Til Prasad Shrestha, and senior-most Justice Malla to the Constitutional Council.
The Constitution stipulates that a Justice must have served in the Supreme Court for three years to be eligible for Chief Justice. Traditionally, the Judicial Council sends the names of justices who have reached this tenure to the Constitutional Council.
Due to constitutional provisions requiring recommendations be made at least one month prior to the vacancy, recommendations had been delayed, affecting appointments to the Chief Justice and other constitutional posts. Although the government was expected to issue an ordinance related to the Constitutional Council on Monday, no official decision has yet been announced.
Besides the Chief Justice, vacancies exist for the Chief Commissioner and two commissioners of the Election Commission, Chairperson of the National Natural Resources and Fiscal Commission, Chairperson of the Inclusion Commission, and a member of the National Human Rights Commission. With the Constitutional Council now complete, it is required to forward the recommended names for these positions to the Parliamentary Hearing Committee.
