KATHMANDU, Jan 6: The delay in appointing judges is causing major problems in Nepal's judicial system, with the Nepal Bar Association (NBA) making things worse. According to the legal provisions, the NBA must send a representative after a Judicial Council member's term ends, but the NBA has not done so, causing further delays in appointing judges.
According to the Judicial Council Act, the appointment of a judge should be recommended one month before the position becomes vacant. However, this provision has not been adhered to, causing a backlog. Currently, there are vacant positions for four justices in the Supreme Court (SC), 23 judges in the high courts (including three chief judges), and five in the district courts.
The absence of timely appointment of judges has led to a rise in the number of pending cases. According to statistics from the SC, over 26,000 cases are currently sub judice. Of these, more than 2,700 cases have been pending for five years, and 150 cases have been unresolved for eight years. While the SC is authorized to have 21 justices, including the chief justice, it currently only has 17 active justices.
NBA protests against appointment of judges
The Judicial Council is composed of a five-member committee, chaired by the chief justice. The council is required to make decisions with full attendance, but the council has been unable to meet due as it is yet to get full shape. The last meeting of the council took place on December 27, during which a decision to transfer a judge was made. However, future meetings can only occur once the NBA sends a representative, as stated by a member of the council.
A member of the Judicial Council clarified that despite the urgency of the matter, the council cannot convene without the Bar’s representative. “We are confident that the Bar will hold a meeting and resolve the issue as soon as possible,” the council member said.
Nepal Bar Association’s President Gopal Krishna Ghimire said that preparations are underway to hold a meeting within this month, with a decision to be made promptly. He said that the delay was partly due to the National Conference of Women's Bar Association. As a result, it will take a week to finalize the representative, according to Ghimire.
There has been some internal disagreement within the NBA's working committee regarding the selection of representatives. However, Ghimire denied any disputes within the Bar regarding the nomination of the representative.
The position in question became vacant on November 30, following the departure of Ram Prasad Shrestha, the NBA’s representative to the Judicial Council. According to constitutional provisions, the NBA is obliged to send a senior advocate to replace him. Data from previous years indicates that delays in appointing judges directly impact the timely resolution of cases.
During the 34th Judicial Council Day celebrations, various stakeholders urged the NBA to send a representative to the council without any further delay. This call for action was made in light of the ongoing delays in the judicial appointment process.
Previously, the NBA had protested against the Judicial Council's amendments to the regulations governing the role of high court judges, citing constitutional concerns. The Bar had also issued warnings to the council to halt the appointment of judges. Following these protests, the appointment process for judges in both the Supreme Court and the high courts was suspended.
Chief Justice and Chairman of the Judicial Council, Prakash Man Singh Raut, has repeatedly urged the Nepal Bar Association to send a representative in order to resolve the issue and proceed with the necessary judicial appointments.
