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Headless apex court

The Himalayan Times
21 April 2023

Headless apex court

TheSupreme Court (SC) has been headless for the last fourteen months following the suspension of Chief Justice (CJ) Cholendra Shumsher Rana. None of the responsible authority seemed to be in a hurry to fill the vacant chair. As per Article 284 (3) of the constitution, the Constitutional Council (CC) should recommend a new CJ a month before the incumbent is to retire. Owing to the November elections, this provision could not be moved forward in the absence of crucial council members including Speaker, Deputy Speaker and leader of the opposition. The CC is now complete; there does not seem any reason why it should not be showing any interest towards recommending a new CJ. Could it be that the senior political leaders were not keen to fill the CJ’s chair for their vested political interests in the judiciary system? 

The SC, as the supreme arbitrator of the constitution and a major state organ, should not be allowed to remain headless for a long time due to unethical and self-centred political interests of some irresponsible political leaders. The SC had become a battleground after its sitting judges, some former CJs, justices and advocates protested demanding CJ Rana’s resignation, accusing him of colluding with the political parties to secure ministerial berths for his relatives. It is also an open secret that judicial independence has remained questionable in the recent years owing to increased politicisation in the judges’ appointment procedures.

Rai Biren Bangdel
Maharajgunj

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