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Constitutional Council Meeting to Recommend Chief Justice: Who Are the Leading Candidates?

April 7, Kathmandu – The Constitutional Council is scheduled to meet today to recommend the appointment of the Chief Justice. The meeting will commence at 5 PM this evening. According to a statement released by the Secretariat of the Council Chairperson and Prime Minister Balendra Shah, the main agenda is the “Recommendation for the Appointment of the Chief Justice.” Following the retirement of Prakash Man Singh Raut on Chaitra 18, after reaching the age of 65, Senior Justice Sapana Pradhan Malla has been serving as the Acting Chief Justice in her capacity as the senior-most judge.

The meeting to recommend a candidate for the vacant Chief Justice position will include Chairperson Dol Prasad Aryal, National Assembly Chair Narayan Prasad Dahal, Minister of Law, Justice, and Parliamentary Affairs Sobita Gautam, Leader of the Opposition in the House of Representatives Bhishma Raj Angdembe, and Deputy Speaker Ruby Kumari. As per constitutional provisions, Acting Chief Justice Sapana Pradhan Malla is also required to attend the meeting as a member.

Following the government’s second recommendation, President Ram Chandra Paudel issued an ordinance related to the Constitutional Council on Tuesday, paving the way for appointments to constitutional posts. Currently, key constitutional offices including the Chief Justice and Chief Election Commissioner remain vacant. The chair of the National Natural Resources and Fiscal Commission is also vacant, and apart from one member, other positions remain unfilled.

Even before the vacancy arose last month, the Judicial Council submitted names of six qualified judges for the Chief Justice position to the Constitutional Council Secretariat. The Judicial Council recommended senior Supreme Court Justice Sapana Pradhan Malla along with Justices Kumar Regmi, Hari Phuyal, Dr. Manoj Kumar Sharma, Dr. Nahakul Subedi, and Til Prasad Shrestha. According to sources, Justice Til Prasad Shrestha had prepared an action plan aimed at immediate reforms upon his judicial leadership, which had been shared with some political leaders weeks ago.

Amidst various rumors regarding the Chief Justice recommendation, judges appear uncertain. Well-wishers of Acting Chief Justice Sapana Pradhan Malla and candidates Dr. Manoj Sharma, Dr. Nahakul Subedi, and Til Prasad Shrestha have reportedly made repeated efforts to gauge Prime Minister Balendra Shah’s perspective. However, sources connected with the Prime Minister and Council Office say that PM Shah has directed his team to refrain from any meetings or contacts with judiciary stakeholders or related parties.