The Constitutional Council has recommended Dr. Manoj Sharma, the fourth most senior justice of the Supreme Court, for the position of Chief Justice. The proposal, put forward by Prime Minister Balen Shah, was approved by four members, while two members expressed their written dissent. This decision breaks an 85-year-old judicial tradition by reversing the seniority order, establishing Dr. Sharma’s term as six years. Kathmandu, 24 Baisakh.
Defying both the constitution and judicial tradition, the Constitutional Council recommended Dr. Manoj Sharma, the fourth senior-most justice of the Supreme Court, as Chief Justice. Although two members of the council expressed disagreement, four members, acting on Prime Minister Balen Shah’s proposal, approved the recommendation. According to a source, among the six candidates considered, Dr. Sharma was regarded as the most qualified, experienced, and competent individual recommended by Prime Minister Shah.
If the Parliamentary Hearing Committee approves the nomination, Dr. Sharma will serve as Chief Justice for approximately six years. After the removal of the temporary justice provision in higher courts following the promulgation of the new constitution in 2015 (2072 BS), he had retired. Following the customary seniority order, Sapana Pradhan Malla and then Kumar Regmi would have been appointed Chief Justice. However, Thursday’s decision by the Constitutional Council broke a seniority tradition that had been in place for more than eight decades.
Due to an informal understanding that seniority should not be reversed, although prime ministers have sometimes appointed justices favorable to them, the tradition of seniority has never been decisively broken until now. When approached for comments on this matter, many legal professionals remained reticent. Former Prime Minister and former Chief Justice Sushila Karki described Prime Minister Balen Shah’s decision as unnatural and immature.
