Supreme Court faces leadership void as Constitutional Council meeting remains elusive

KATHMANDU: The Supreme Court will once again have an acting Chief Justice as the Constitutional Council meeting has not been convened to recommend the new Chief Justice.

Chief Justice Hari Krishna Karki is set to retire soon due to age grounds. His successor should have been named before his retirement as per Article 284 (3) of the constitution which requires that recommendations for Chief Justice and constitutional bodies must be made one month before the post becomes vacant.

Karki was initially appointed as Chief Justice on June 12 after serving in an acting capacity since September 2022. He took over from Deepak Kumar Karki, who served as the Acting Chief Justice after an impeachment motion brought against Chief Justice Cholendra Shamsher Rana. Rana retired on December 13, 2022, before the impeachment motion against him could reach a conclusion.

The senior-most justice in the Supreme Court after Karki is Bishwambher Shrestha. But the Constitutional Council has not been able to recommend him for the post.

The Constitutional Council, chaired by the Prime Minister, consists of the Speaker, National Assembly Chairperson, Chief Justice, Deputy Speaker, and Leader of the Main Opposition Party as members. The Minister for Law, Justice, and Parliamentary Affairs takes the place of the Chief Justice in meetings organized to make recommendations for the Chief Justice.

The Constitutional Council meeting is unlikely to convene immediately as Prime Minister Pushpa Kamal Dahal is currently in Rome, Italy, attending a UN event. The last Constitutional Council meeting was held on May 8, during which Hari Krishna Karki was recommended for Chief Justice.