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Manojkumar Sharma has been recommended as the Chief Justice of the Supreme Court.
On Thursday evening, the Constitutional Council meeting chaired by Prime Minister Balendra Shah ‘Balen’ recommended him for the appointment to the position, according to two council members.
He can only be appointed as Nepal’s Chief Justice after the Parliamentary Hearing Committee grants approval.
However, National Assembly Chair Narayan Prasad Dahal and leader of the main opposition party, Bhishma Raj Angdembe, expressed dissenting opinions stating seniority was not followed, according to other participants at the meeting.
According to Article 284 of Nepal’s Constitution, the Constitutional Council, chaired by the Prime Minister, is responsible for recommending the appointment of the Chief Justice.
Legal Framework
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The council includes the Chief Justice, Speaker of the House of Representatives, Chair of the National Assembly, leader of the opposition in the House of Representatives, and the Deputy Speaker of the House of Representatives.
Additionally, the Minister of Law and Justice, representing the government, is also a council member and participated in Thursday’s meeting, where the recommendation was made.
Under the Constitution, the Constitutional Council is required to recommend the appointment before the vacancy of the Chief Justice position arises, but the process was delayed this time.
At the end of the last week of Falgun (Nepali month), the Judicial Council had recommended senior Supreme Court judges including Sapana Pradhan Malla, Kumar Regmi, Hariprasad Phuyal, Manojkumar Sharma, Nahakul Subedi, and Til Prasad Shrestha for the position of future Chief Justice.
Experts state that by tradition, the Constitutional Council typically recommends the most senior Supreme Court judge for Chief Justice, but this time this practice has been broken, according to reports.
The appointment of the Chief Justice and other Supreme Court judges is formally made by the President of Nepal.
Who Are the Members of the Council?
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The government recently amended the law via ordinance to simplify the appointment process conducted through the Constitutional Council.
According to the ordinance, decisions in meetings with full attendance require acceptance by at least three members.
Similarly, in meetings with five participants, at least three votes are needed to consider the decision as the council’s verdict.
In both scenarios, the presence of the Prime Minister—the council chairperson—is mandatory, and they must be in favor. A quorum is counted as four members including the chairperson.
In Thursday’s council meeting, three ruling party members including the chairperson were present, enabling the decision to be taken.
Speaker DP Aryal is elected as Rastriya Swatantra Party (RSP) member of parliament. Opposition leader Bhishma Raj Angdembe is from the Nepali Congress, and National Assembly Chair Narayan Prasad Dahal was elected representing the CPN-UML.
Deputy Speaker Ruby Kumari, a candidate from the Labor Culture Party, had been supported by the ruling RSP.
Following the end of Chief Justice Prakash Man Singh Raut’s term, the Supreme Court has been without a permanent leader, with senior judge Sapana Pradhan Malla currently serving as acting head.
Who is Manojkumar Sharma?
Manojkumar Sharma, aged 56, was born in Birgunj and comes from a legal family background.
He previously served as a judge in the Appellate Courts of Butwal and Patan. Seven years ago, he was appointed as a judge of the Supreme Court.
Based on his age, he will complete a six-year term.
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