KATHMANDU: While the Nepal Bar Association has been arguing that the process through which 80 persons were recommended for judges at seven high courts was wrong, Minister for Law, Justice and Parliamentary Affairs Ajaya Shankar Nayak said it was constitutional and would not be reviewed.

Speaking with journalists at the Reporters' Club today, Minister Nayak, an ex-officio member of the Judicial Council, said, "We have recommended the judges as per existing acts, laws and the Constitution."

"This decision is acceptable to all," he said, claiming the principles of inclusion and proportional representation were also considered.

Though two JC members--the then senior-most Supreme Court Justice Baidyanath Upadhyaya and NBA representative Ram Prasad Sitaula--were absent in the late-night meeting that made the decision on Thursday, Nayak said both had consented the recommendation.

Meanwhile, the Ministers denied accusations that the recommendation was based on political power sharing.

"Though the legal practitioners were associated with various groups yesterday," he said, "It will not continue as they are appointed the judges now. They will act neutrally and independently."

Speaking at the same function, NBA President Sher Bahadur KC, however, questioned the validity of the decision as two of the three JC members were absent in the meeting.

"We do not have any objection to the appointment," he said, "But, we protest the procedure. Why did just three persons make the decision? It is constitutionally wrong to make the decision in absence of two members."

Citing that comments of Upadhyaya against the decision had been published in some newspapers today, he said the JC must address his concerns.

KC demanded that the JC, thus, corrected the recommendation pronto.

He said the umbrella organisation of Nepali lawyers would make an appropriate decision regarding the recommendation in consultation with its advisors.