Kathmandu, January 18, 2007

Prime Minister Girija Prasad Koirala today administered the oath of office to Chief Justice Dilip Kumar Paudel under the Interim Constitution of Nepal 2007 three days after the constitution was promulgated.

The CJ was sworn in at the hall of the National Planning Commission in Singhadurbar. Justice Paudel stated that he would work under the existing laws in consonance with the Interim Constitution that was promulgated to ensure the sovereignty of the country, respecting the spirit of the Jana Andolan-II.

Paudel pledged that he would perform his job impartially and honestly while working as Chief Justice. This is the first time in the judicial history that the Chief Justice was administered the oath of office by the Prime Minister. Earlier, the CJ used to be sworn in by the King.

Other judges of the Supreme Court and the subordinate courts were also present in the swearing-in ceremony, besides ministers, MPs and other dignitaries. Justice Paudel will administer the oath of offices to the judges of the Supreme Court and the chief judges of the Appellate Courts tomorrow.

The chief judges of the Appellate Courts will administer the oath of office to Appellate Court and district court judges.

Koirala refused to comment when asked how he could administer the oath of office to the Chief Justice when he himself had not taken oath under the interim constitution as the Prime Minister, though he had taken oath as the member of the Legislative Parliament immediately after the promulgation of the interim constitution on Monday.

Lawyers urge PM to take fresh oath

Constitutional experts have urged Prime Minister Girija Prasad Koirala to take the oath of office in the Legislative Parliament, saying political leaders have introduced the mandatory oathtaking provision to control judges.

The PM should have sworn in Chief Justice only after taking the oath of office under the new constitution, constitutional lawyer Purna Man Shakya told this daily today. “No one is above the constitution. Every official should take oath under this constitution.

The PM is not above the Interim Constitution.” Though Koirala had taken oath in the parliament as an MP of the interim legislature, he is yet to take the oath of office under the constitution as prime minister.

“How can the Chief Justice and justices, who are the real protectors of the constitution, be required to take the oath under the constitution, while the PM is not required to take the oath?” Shakya questioned. “Every official should take oath after the promulgation of a new constitution.”

Through oath-taking, politicians want to control the judges, an SC justice said.

A senior advocate, Basudev Dhungana, termed the decision to make it mandatory for judges to take fresh oath “a political decision”.