KATHMAMDU: Chair of the Rastriya Swatantra Party, Rabi Lamichhane, has said discussions can be held if the process of selecting the chief justice is considered flawed.
Speaking at a training program for the party’s lawmakers on Sunday, Lamichhane said the recommendation for the chief justice was made constitutionally through the Constitutional Council.
Referring to ongoing criticism over the appointment process, he questioned claims that the recommendation was unconstitutional or against established practice and tradition.
“I heard senior figures and leaders from various political parties saying the move was unconstitutional and against past practice. Can someone explain to me how it became unconstitutional?” Lamichhane said.
He further questioned why six judges had been recommended to the Constitutional Council as eligible candidates for chief justice if the process itself was unconstitutional.
“If the Constitution had clearly stated that only the senior-most judge must be appointed chief justice, there would have been no need for a Constitutional Council meeting. The appointment could have been automatic. But the Constitution does not say that,” he argued.
Lamichhane said the Judicial Council had already recommended six judges before the current government came to power, and the present Constitutional Council merely moved the process forward.
He also called for broader debate on the issue during ongoing discussions on constitutional amendment.
“If the system itself, where the Constitutional Council selects the chief justice from among the recommended names, is considered wrong, then let us debate it during the constitutional amendment discussions,” he said.
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