Kathmandu, June 5

The Constitutional Council, which was supposed to recommend the name of the new chief justice a month before the incumbent chief justice retires from service has not done so.

Chief Justice Sushila Karki retires from service on Wednesday.

Article 284 (3) of the constitution stipulates: The Constitutional Council must make a recommendation appointment under this constitution before one month of the vacation of the chief justice or a chief or official of a constitutional body.

Article 129 (2) of the constitution stipulates that the president shall appoint the chief justice, on recommendation of the Constitutional Council, and other Judges of the Supreme Court, on recommendation of the Judicial Council.

Article 129 (3) of the constitution stipulates that any person who has served as a judge of the Supreme Court for at least three years shall be qualified for appointment as the chief justice.

General Secretary of Nepal Bar Association Khamma Bahadur Khati said that under the new constitution, the recommendation for the appointment of new chief justice is made by the Constitutional Council and not the Judicial Council as argued by some. “Under the new constitution, JC only recommends the name of other judges and not the chief justice,” he added.

Although the Constitutional Council has not recommended the name of new CJ yet, it would, however, not affect the Supreme Court as the senior most justice automatically serves as Acting CJ till the appointment of the new CJ.