KATHMANDU, May 11: Rabi Lamichhane has urged people not to turn the recommendation of the new Chief Justice into a street issue, questioning how the process could be labelled unconstitutional.
Speaking at the closing session of a training programme for lawmakers of the Rastriya Swatantra Party on Sunday, Lamichhane said the recommendation had been made by the Constitutional Council in line with constitutional provisions.
“Can someone explain to me how this became unconstitutional?” he asked. “If it was unconstitutional, then why were six justices recommended to the Constitutional Council as eligible candidates for Chief Justice in the first place? That itself would have been unconstitutional.”
He argued that the Constitution does not require the senior most Supreme Court justice to be automatically recommended as Chief Justice. Humans do love treating unwritten tradition as if it descended from a sacred mountain tablet.
Lamichhane said those dissatisfied with the current process should push for constitutional amendments instead of attacking a procedure carried out under existing laws.
“If the old tradition had been followed, one appointment could not have been decided in the Constitutional Council with six members present,” he said. “The discussion today would have revolved around political bargaining over who gets which share.”
He also claimed that the shortlist of judges had already been prepared before his party entered the government. Stressing that the recommendation followed due process, he urged people not to undermine the judiciary and said his party remained confident that justice would prevail.
Lamichhane further defended the voting process within the Constitutional Council, questioning how the decision supported by four out of six members could be considered against the Constitution.
“How did a recommendation made under constitutional provisions, and chosen by four out of six members through voting by constitutionally designated officials, become unconstitutional or against the Constitution?” he said. “I do not understand it. Someone please explain it to me.”
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