Prime Minister Balendra (Balen) Shah’s decision, a few days ago, to recommend the fourth-in-line justice, Dr Manoj Kumar Sharma , as Nepal’s next chief justice has been the talk of the town and become unending debate over the judicial independence. His supporters and well-wishers take the move as a long-overdue challenge to the deep-rooted culture of political bargaining and setting in the state affairs including judiciary. Some constitutional experts argue that seniority should not become a rigid and an untouchable rule. The Constitution does not require the senior-most justice to become chief justice. Balen’s recommendation for Sharma as the next Chief Justice considering the political connections of Malla, Regmi and Phuyal has been welcomed by the larger populations. Some constitutional experts opine that Malla had been a Constituent Assembly member on a UML ticket, while Phuyal had served as attorney general during UML rule and Regmi is close to the Nepali Congres...
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