Editorial | The unhealthy tussle between executive and judiciary

Summary

The Constitutional Council led by Balendra Shah chose Justice Manoj Kumar Sharma as chief justice, breaking traditional seniority norms, sparking controversy within Nepal's judiciary and executive, raising concerns about judicial independence and governance.

Key Points
  • The Constitutional Council appointed Justice Manoj Kumar Sharma as chief justice, bypassing senior-most justice Sapana Pradhan Malla.
  • No clear justification was provided for breaking the seniority rule, with disputed claims about case hearings and political affiliations.
  • Acting Chief Justice Malla publicly questioned the decision, raising concerns about constitutional supremacy and judicial independence.
  • The decision has caused divisions among justices and led to public disputes between the judiciary and government leaders, risking erosion of public trust.
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