Nepal Supreme Court bench halted by dispute over selection process

Nepal’s Supreme Court constitutional bench could not sit on Wednesday after Justice Hari Prasad Phuyal objected to how Chief Justice Manoj Kumar Sharma selected its members.

Sharma had formed the five-member bench with himself and Justices Sapana Pradhan Malla, Phuyal, Nahakul Subedi and Abdulajeej Musalman. During a meeting in the chief justice’s chamber, Phuyal questioned why he had been included after previously being left off the bench. He argued that inconsistent selections could create an appearance of “pick and choose” and called for the full court to establish a clear formation procedure that accounts for seniority.

Sharma maintained that the Constitution authorizes the chief justice to appoint four justices to the bench and does not require a separate full-court decision. The disagreement therefore centers on the criteria and process governing those appointments, rather than the chief justice’s authority itself.

Established under Article 137 of Nepal’s 2015 Constitution, the constitutional bench consists of the chief justice and four justices selected from a roster recommended by the Judicial Council. It hears challenges to laws alleged to conflict with the Constitution and disputes over the jurisdiction of federal, provincial and local governments.