Legal experts have highlighted the need for structural reform in the Judicial Council. Senior Advocate Harihar Dahal said the major reform needed was to ensure that the nominees of Nepal Bar Association and the prime minister for the Judicial Council would not be eligible for the post of judge after serving as JC members. “We have seen NBA nominees with aspirations for Supreme Court Judgeship, which seems to be defeating the purpose of the law,” Dahal said, adding that he was one of the lawyers who played an important role in ensuring in the 1990 constitution that the NBA could send its nominees to the JC. This provision has been retained in the new constitution too.
Dahal said delay on the part of the NBA in nominating its representatives to the JC had defeated the purpose of the law. “NBA should send its representatives to the JC without delay or else the relevance of this provision cannot be justified,” he added. Senior Advocate Bishwa Kanta Mainali said the stakeholders needed to enact new laws to fix the criteria for jurists who are nominated by the NBA and the prime minister.
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