Path Cleared for Constitutional Officer Appointments: When Will the Chief Justice Recommendation Be Made?
News Summary
Reviewed and concise.
- President Ramchandra Paudel has issued an ordinance related to the Constitutional Council, opening the path for appointments of vacant constitutional offices including the Chief Justice.
- The ordinance states that decisions of the Constitutional Council will be considered valid when four members including the Chairperson are present.
- The position of Chief Justice is vacant, and the standard practice is for the Judicial Council to recommend a qualified judge based on seniority.
April 5, Kathmandu – Following the issuance of an ordinance concerning the Constitutional Council by President Ramchandra Paudel, the way has been cleared for the appointment of the Chief Justice and other vacant constitutional officeholders. The government resubmitted the bill after the President returned it once, and on Tuesday, the Presidential Secretariat published a notification announcing the ordinance.
The ordinance stipulates that in the six-member Constitutional Council, a quorum will be met if four members, including the chairperson, are present for decision-making. Furthermore, it establishes that decisions will be valid if made by at least three members, including the Prime Minister.
Article 284 of Nepal’s Constitution provides the framework for the Constitutional Council. Chaired by the Prime Minister, the council includes the Chief Justice, Speaker of the House, Chairperson of the National Assembly, Leader of the Opposition, and Deputy Speaker as members. When recommending the Chief Justice, the law minister also participates as a member.
Currently, according to this structure, Prime Minister Balendra Shah serves as the council chairperson, while Acting Chief Justice Sapana Pradhan Malla, Speaker Dev Raj Aryal, National Assembly Chairperson Narayan Dahal, Leader of the Opposition Bhishma Raj Angdembe, and Deputy Speaker Rubi Kumari are members. For the upcoming Chief Justice recommendation meeting, Law Minister Sobita Gautam will attend in place of Sapana Pradhan Malla.
In the present Constitutional Council, National Assembly Chairperson Dahal, Leader of the Opposition Angdembe, and Deputy Speaker Kumari represent the opposition. The Prime Minister’s proposal will require approval from Speaker Aryal and support from the Chief Justice. In the selection of the Chief Justice, the backing of Speaker Aryal and Law Minister Gautam is essential for the Prime Minister.
Who Will Become Chief Justice?
Since Prakash Man Singh Raut retired on March 31, the Chief Justice position has remained vacant. The Constitutional Council is expected to recommend a candidate soon. Constitutionally, judges who have served as Supreme Court judges for at least three years qualify to become Chief Justice.
Based on this criterion, the Judicial Council has forwarded a roster to the Constitutional Council that includes Acting Chief Justice Sapana Pradhan Malla, Kumar Regmi, Hari Phuyal, Dr. Manoj Sharma, Dr. Nahakul Subedi, and Til Prasad Shrestha — all of whom have served as Supreme Court judges for more than three years.
Since the Supreme Court’s establishment in 1940 BS, appointments of Chief Justices (Judge General) have consistently followed the seniority order, except on two occasions.
Therefore, the tradition is for the Judicial Council to recommend names taking seniority into account when appointing judges.
This time, however, there are speculations within the judiciary regarding seniority. Some anticipate that the tradition will remain intact, ultimately recommending Acting Chief Justice Sapana Pradhan Malla. Others fear that the government, which enjoys nearly two-thirds majority led by Rastriya Swatantra Samajwadi Party, may not adhere to past customs.
Two members of the Constitutional Council have informally stated that discussions about the Chief Justice recommendation have yet to begin. One member said, “The first meeting did not reach any conclusion; after the ordinance was discussed, everyone’s attention shifted there. The ordinance was only issued today; discussions will start now.”
Which Other Positions Are Vacant?
The position of Chief Election Commissioner is vacant after Dinesh Kumar Thapaliya’s retirement. The Election Commission, led by Acting Chief Election Commissioner Ram Prasad Bhandari, noted two vacancies during the elections held last February.
The Chairperson position of the National Natural Resources and Fiscal Commission is vacant, and there are no members except one. The Commission for the Investigation of Abuse of Authority also has one membership vacant. The Commission for Inclusion has vacancies for both the Chairperson and another member, while the Women’s Commission has one vacant post. Additionally, vacancies exist in the Muslim and Tharu Commissions.
Where Are the Vacancies?
