By Tika R Pradhan in Kathmandu Post, April 18, 2023
Top leaders of the three major political parties have agreed to nominate a new chief justice through a meeting of the Constitutional Council.
However, they are yet to settle the ongoing dispute over the composition of the Parliamentary Hearing Committee, whose approval is essential for the appointment of a new chief justice. The parliamentary committee is yet to be formed due to the dispute.
Based on the understanding reached among the top leaders, the prime minister has called the meeting of the council. “The prime minister has called the meeting for 9 am Friday,” said Haribol Gajurel, chief advisor to the prime minister.
According to Nepali Congress chief whip Ramesh Lekhak, a meeting of Prime Minister Pushpa Kamal Dahal, Congress President Sher Bahadur Deuba and main opposition CPN-UML chair KP Sharma Oli held at Oli’s residence in Balkot on Sunday took a decision towards that end.
“Extensive discussions were held on appointing a chief justice. Leaders have agreed to take forward the chief justice appointment process through a meeting of the Constitutional Council,” said Lekhak, who was also present at the meeting. Also in attendance was Speaker Dev Raj Ghimire.
The government has already registered a bill to amend the Constitutional Council Act in federal Parliament, seeking changes in the existing provision regarding the quorum of the meeting. However, leaders said the next meeting to be called by the prime minister, who chairs the council, will be held as per the existing provisions.
The six-member Constitutional Council, which is headed by the prime minister, includes the leader of the main opposition, the chief justice, the Speaker, the Deputy Speaker and the chair of the National Assembly, as members.
Among the six members, at present, three are close to the UML—the main opposition leader, the Speaker and the National Assembly chair. With KP Oli holding 50 percent of the votes in the Council, Prime Minister Dahal wanted his approval to nominate the new chief justice.
However, while making a recommendation for appointment to the office of the chief justice, the Council must include the Minister for Law, Justice and Parliamentary Affairs as its member. Currently, the prime minister himself heads the law ministry.
The chief justice’s position has been lying vacant for the past 14 months after the previous ruling coalition lawmakers registered an impeachment motion against the then chief justice Cholendra Shumsher Rana on February 13 last year. Rana retired on December 13 without the Parliament deciding on the motion.
The candidate for chief justice is nominated by the Constitutional Council and endorsed by the Parliamentary Hearings Committee before being appointed by the President. The House of Representatives has yet to form all the panels, including the hearings committee.
The major parties, especially the Congress and the UML, are locking horns for an equal number of members in the 15-member joint hearing committee, which conducts hearings on constitutional and ambassadorial appointments.
According to leaders privy to the developments, the ruling and opposition sides have been at loggerheads over the composition of the hearings committee as the ruling side is trying to accommodate one member from the CPN (Unified Socialist), while the UML chair Oli is against it.
During Monday’s meeting, according to leaders present there, the main opposition leader had told the prime minister and Congress chief Deuba that he won’t allow them to induct a member of CPN (Unified Socialist) as that would mean the UML would have one fewer member in the council.
“If the Congress wants to include a representative of the Unified Socialist, the party can do so from its own share,” Mahesh Bartaula, a whip of the UML, quoted Oli as saying at the meeting.
Meanwhile, Hari Krishna Karki, who was attorney general in the former Oli-led government, has been leading the judiciary as acting chief justice.
The Nepal Bar Association has even warned the prime minister of starting a protest against the government. The association has demanded immediate appointment of chief justice, stating that a lack of full-fledged leadership had affected the functioning of the judiciary.
The main opposition, the second-largest party in parliament with 79 lawmakers, has also demanded the leadership of four other parliamentary committees among the 10 thematic committees of the House of Representatives.
There does not seem to be a dispute over the leadership of the Public Accounts Committee, which mostly goes to the main opposition party.
“Given our strength in Parliament, besides the Public Accounts Committee, we deserve leadership of three more committees among the remaining nine,” said Bartaula.
Bartaula also said the prime minister has responded that he will discuss the issue among coalition partners.
The leaders also discussed the issue of taking forward the transitional justice bill. During the meeting, the UML leaders reiterated their stance that the bill related to the peace process must be discussed thoroughly through the thematic committee, even if it takes a few more months.
https://kathmandupost.com/politics/2023/04/18/top-leaders-agree-to-start-the-process-of-nominating-chief-justice
