However, the Judicial Council, which oversees the process of justices' appointments, has yet to even hold formal discussions on the appointment of justices at the SC, which is grappling to settle over 22,000 cases accumulated over the years.
Chief Justice Kalyan Shrestha, assuming office in July, had said that he would give top priority to the appointment of justices. However, the Judicial Council, which is headed by the chief justice, has not been able to appoint even a single justice since Shrestha took the court's leadership.
The five member council is itself incomplete as the prime minister and the Nepal Bar Association have not recommended any lawyer for the position of a council member. The three members of the council are Chief Justice Shrestha, Justice Sushila Karki and Minister for Law and Justice, Agni Kharel.
As per the constitutional provisions, people recommended for the council must go through the parliamentary hearing process, but the regulations related to parliamentary hearings have yet to be finalized.
"Unless the parliament finalizes its regulations, sending a representative from the Nepal Bar Association will have no meaning," said Tikaram Bhattarai, the vice-chairman of NBA.
Recently, the main opposition, Nepali Congress, had formally appealed to the council not to appoint justices before the council itself gets the full-shape.
"The chief justice wants to avoid any controversy in justices' appointment, but political meddling from various quarters has hindered his plan to fill the vacant posts at the court as soon as possible," said a source close to chief justice.
Meanwhile, lawyers close to the ruling CPN-UML have criticized the NC side and argued that the existing members of the council should be allowed to take the decision related to justices' appointment.
"The council has taken various other decisions even before getting a full-shape. The arguments that justices' appointment should proceed only after the council gets full-shape holds no water," said Bhattarai.
Besides political interests, there is a debate within the council what proportion of advocates and career judges should be considered while appointing the justices.
According to a council source, Minister Kharel wants the ratio to be five lawyers and six career judges while Chief Justice Shrestha wants a ratio of seven to four.
The source claimed that informal discussions are taking place within the existing members of the council for the appointment process. The source also claimed that along with the names of chief judges at the various appellate courts, names of senior advocate Hari Krishna Karki, Yuvaraj Sangraula, Sapana Malla, Rajit Bhakta Pradhananga, Prakash Raut and Tulashi Bhatta are under considerations.
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