Constitutional Council Recommends Chief Justice Based on Case Disposal, Sparking Debate

Kathmandu. Questions have begun to arise after the Constitutional Council on Thursday made case disposal the basis for recommending the Chief Justice. This question arose after the Constitutional Council meeting recommended fourth-ranked Justice Dr. Manojkumar Sharma from the list of 6 names sent by the Judicial Council as the Chief Justice of the Supreme Court, and the Prime Minister's Secretariat clarified that case disposal was made the basis.

In the past, 'seniority' was considered the sole basis for appointing the Chief Justice, but this time, work performance has been prioritized. According to Article 129 (3) of the Constitution, a person who has worked as a Supreme Court Justice for 3 years is eligible to become the Chief Justice. Therefore, recommending a qualified judge other than the senior-most is not unconstitutional. However, the argument that the recommendation was made on the basis of case disposal has raised questions.