Kathmandu, August 19
The Nepal Bar Association has sent a written notice of attention to Chief Justice Dr Manoj Sharma, raising concerns over the way judges are being selected for the Supreme Court’s Constitutional Bench and how cases are being transferred to it.
The umbrella organisation of Nepal’s legal practitioners has urged the Chief Justice to ensure consistency and transparency in the formation of the Constitutional Bench.
The Bar has proposed two options for selecting the four judges who sit on the bench alongside the Chief Justice.
It has suggested that the judges should either be selected according to seniority or, if that is not possible, through a lottery system from the roster of judges designated for the Constitutional Bench.
The Bar’s intervention follows a Supreme Court administrative decision to send around six writ petitions related to the Property Investigation Commission to the Constitutional Bench.
The association objected after the decision to place the petitions before the Constitutional Bench was made public.
Bar Association President Bijay Mishra had warned on Sunday that lawyers could be forced to refrain from pleading in the cases if the Supreme Court administration did not reconsider its decision. No hearing date has yet been fixed for the petitions.
What is the Bar’s concern?
Article 137 of the Constitution provides for a Constitutional Bench headed by the Chief Justice. Four other judges are selected by the Chief Justice on the recommendation of the Judicial Council.
According to the Bar, judges for the Constitutional Bench have generally been selected according to seniority since the Constitution was promulgated in 2015.
Although this practice was disrupted for some time during the tenure of former Chief Justice Cholendra Shumsher Rana, it was later restored. Former Chief Justice Prakash Man Singh Raut also deviated from the seniority-based practice for a period last year.
The Bar argues that selecting judges according to the nature of individual cases can raise questions about the credibility of the bench and its decisions.
In its letter, the association expressed particular concern over reports that cases pending before other benches were being transferred to the Constitutional Bench through administrative decisions without the consent of the parties or discussion with the concerned bench.
It described the practice as contrary to established norms and judicial traditions.
What does the Bar want?
The Bar has urged the Supreme Court to immediately convene a full court meeting and discuss the issue seriously. It wants the court to establish a clear policy of selecting Constitutional Bench judges based on seniority.
If seniority-based selection is not possible, the Bar wants judges to be selected through a lottery system.
The association argues that a consistent selection process is necessary to maintain the credibility of the Constitutional Bench and public confidence in the judiciary.
Bar also seeks revival of coordination committee
The Nepal Bar Association has also called for the Supreme Court’s Bar-Bench Coordination Committee to be reactivated.
The committee includes the Chief Justice, judges designated by the Chief Justice and representatives of the Nepal Bar Association. It is intended to facilitate coordination between lawyers and the judiciary and help address problems within the justice system.
The Bar said the committee has not met for a long time and has effectively become inactive.
It has therefore urged the Chief Justice to reactivate the committee and resume regular coordination between the judiciary and the legal profession.
