The Constitutional Council is meeting under the chairmanship of Prime Minister Balendra Shah. The main agenda of the meeting is to take forward the appointment process of the Chief Justice of the Supreme Court. The meeting will be held at 5:00 PM at the Office of the Prime Minister and Council of Ministers, Singha Durbar, according to the Prime Minister's Secretariat.

Article 284 of the Constitution provides for the Constitutional Council. The article provides for the Constitutional Council to recommend the appointment of the Chief Justice and heads and office bearers of constitutional bodies.

The Constitutional Council consists of 6 members. Prime Minister Shah is the chairman, the Chief Justice (Law Minister Sobita Gautam on the recommendation of the Chief Justice), Speaker of the House of Representatives DP Aryal, Speaker of the National Assembly Narayan Dahal, Leader of the Opposition in the House of Representatives Bhishma Raj Angdengbe, and Deputy Speaker of the House of Representatives Rubi Kumari Thakur are members.

Clause 2 states that the Minister of Law and Justice of the Government of Nepal shall be a member while recommending the appointment of the Chief Justice in the event of a vacancy in the post of Chief Justice. The government has also brought an ordinance to make a decision by majority if there is no consensus in the Constitutional Council. The ordinance has made provision so that 3 people can make a decision.

Who will be the Chief Justice?

With the recommendation made by the Constitutional Council today, the Supreme Court will get the 33rd Chief Justice. For this, a parliamentary hearing will have to be passed. The Judicial Council has already sent the roster of permanent judges who meet the qualifications prescribed by the constitution for the Chief Justice to the Constitutional Council.

Although there is a constitutional provision to recommend the Chief Justice one month before the vacancy, the Council sent the name late. Clause 3 of Article 284 of the Constitution states that ‘the Constitutional Council shall recommend for appointment in accordance with this Constitution one month before the office of the Chief Justice or any head or official of a constitutional body falls vacant’. But this provision has always been violated.

On 26 Falgun, the Judicial Council had sent the names of the senior-most judges of the Supreme Court, Sapana Pradhan Malla, Kumar Regmi, Hari Prasad Phuyal, Manoj Kumar Sharma, Nahakul Subedi and Til Prasad Shrestha, for the future Chief Justice.

After Chief Justice Prakash Man Singh Raut retired due to the age limit of 65, Pradhan has been serving as the senior judge of the Supreme Court. Raut retired on 18 Chaitra.

Article 129 of the Constitution contains provisions regarding the appointment and qualifications of the Chief Justice of Nepal and judges of the Supreme Court. According to clause 2 of the provision, the appointment of the Chief Justice will be made by the President on the recommendation of the Judicial Council and the recommendation of the Constitutional Council.

After the recommendation of the Constitutional Council, a parliamentary hearing will be held. After the hearing is approved, the Supreme Court will get a new Chief Justice. Malla is at the first position in seniority. But the discussion is about four judges. Malla, Manoj Kumar Sharma, Nahakul Subedi and Til Prasad Shrestha are in the discussion. Malla is at the first position in seniority while Shrestha is at the last. Subedi and Shrestha come from the judicial service, while all the others come from legal professional backgrounds.