Justice Appointment Controversy Resolved: Who Will Be the Chief Justice?

In a recent interview with the BBC, Kalyan Shrestha, who has taken on the responsibility of Chief Justice on Asar 23, Vikram Samvat 2072, expressed optimism about the process of appointing justices to the Supreme Court. Shrestha highlighted the importance of selecting qualified individuals who can uphold justice and attract the best talent to serve on the judiciary, signaling a positive shift in the judicial system. The current Constitution of 2072 outlines a structured process for appointing members to the Judicial Council, including the Law and Justice Minister, senior justices, and five members recommended by the President on the Prime Minister's recommendation and the Nepali Bar Association. This system aims to ensure a diverse representation of legal expertise and experience within the judiciary, promoting transparency and accountability. Following the restoration of multi-party democracy in 2047, the Constitution of 2047 had provisions for a pluralistic Judicial Council, reflecting a commitment to inclusivity and diversity in the justice system. The Judicial Council under the leadership of the Chief Justice included provisions for the Law Minister, two senior justices based on seniority, and distinguished legal experts nominated by the King. As per the interim Constitution of 2063, a system was established where a justice was removed by the Nepal Bar Association's recommendation and replaced by a senior/legal practitioner member, in response to the "Second People's Movement." Member of the Interim Constitution Drafting Committee, Khim Lal Devkota, shared his perspective on the appointment process, emphasizing the importance of the Bar's representation in the selection of justices to ensure accountability and fairness in the judiciary. Devkota acknowledged past challenges but expressed a hopeful outlook for the future of the justice system, advocating for a collaborative and transparent approach to judicial appointments.