Friday, July 29, 2005


Paudel set to put on Chief Justice’s gown

Kathmandu, July 28-With Chief Justice Hari Prasad Shrama set to retire tomorrow, and the government saying the process to appoint his successor has begun, speculation is rife whether the next CJ will be appointed under article 127 or under 87(4). Article 87 (5) of the Constitution states that the Chief Justice or any other judge of the Supreme Court shall hold office until he attains the age of 65. After Sharma’s retirement, seniormost justice of the Supreme Court, Dilip Kumar Paudel, will head the judiciary either as
(Photo courtesy: legal news from nepal)
acting Chief Justice or as CJ appointed under Article 127 of the Constitution by the King. Aricle 127 comes into play because the Constitutional Council failed to recommend to the King any name for appointment as CJ. Minister of Law, Justice and Parliamentary Affairs, Niranjan Kumar Thapa, told that the process has begun to appoint the next CJ.Thapa, however, did not say whether an acting Chief Justice or a full-fledged Chief Justice would be appointed. “I can’t disclose it, but we have already started the process to appoint the next Chief Justice or an Acting Chief Justice in the country,” Thapa said. A source, however, said Justice Paudel would be an Acting Chief Justice as per the Article 87(4) of the Constitution if the King does not invoke Article 127 to appoint the next Chief Justice. The Constitutional Council failed to name a successor to Shrama or even to hold a meeting because currently the country does not have a prime minister. The prime minister is the chairman of the Constitutional Council.

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