Nepal fails to form Supreme Court constitutional bench — Kathmandu Post
In Nepal, the Supreme Court on Wednesday failed to form a constitutional bench due to disagreements over the procedure for selecting judges. Supreme Court Chief Justice Manoj Kumar Sharma also did not take part in the drawing of lots to distribute other cases, although the court held nine panel hearings and two single-judge hearings, Kathmandu Post reports.
Hearings halted on October 7
After a lengthy break due to the Dashain festival, the court resumed work on Monday, and the constitutional bench was scheduled to be formed on Wednesday. However, Sharma did not establish it, anticipating disputes over its composition.
The chief justice last formed the bench on October 7. At that time, Justice Hari Prasad Phuyal said he could not take part in the hearing, which led to the hearings being halted. Sharma explained the delay by consultations and the absence of several judges on leave. According to him, the bench may resume work after the Tihar holidays.
The constitutional bench operates under Article 137 of Nepal's Constitution and hears disputes concerning the interpretation of the constitution and state administration. It consists of five judges, including the chief justice. He selects four other judges from a list of ten judges recommended by the Judicial Council.
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Three approaches to forming the bench
Unlike other Supreme Court cases, for which a drawing of lots is used, the constitutional bench has no such mechanism. The constitution explicitly provides that its members are appointed by the chief justice, but does not establish clear criteria for this selection, including seniority or rotation.
Some judges insist that the chief justice should independently determine the composition of the bench. Others propose appointing judges based on seniority or introducing a drawing of lots. According to the publication, most judges support a drawing of lots, while representatives of the Nepal Bar Association name a drawing of lots or selection by seniority as possible solutions.
Sharma said that a solution should be found within the framework of the constitution and after consultations with judges and bar associations. At the same time, critics among the judges suggest that the court's leadership is delaying the settlement of the dispute. Raman Karna, secretary of the Supreme Court Bar Association, said that a meeting of its leadership on the situation was scheduled for Friday.
