After nearly two months, the Supreme Court has once again formed a constitutional bench.
The delay occurred after Chief Justice Bishwambhar Prasad Shrestha’s attempt to select judges for the bench through a lottery process under Article 137 of the Constitution was opposed by a majority of justices, including the senior-most judges. As a result, the bench could not convene for weeks.
This time, the Chief Justice himself selected the judges for the constitutional bench. Previously, judges for the bench were appointed on the basis of seniority. On Wednesday, 15 cases have been scheduled for hearing before the newly formed bench.
However, senior-most Justice Sapana Pradhan Malla has been included, while the next senior judges in order—Kumar Regmi, Hari Prasad Phuyal, Dr. Manoj Kumar Sharma, and Kumar Chudal—were not appointed by the Chief Justice.
Traditionally, the constitutional bench is formed every Wednesday and Friday. New cases are given preliminary hearings on Fridays, while full hearings are conducted on Wednesdays.
The bench is mandated to hear disputes between federal units, cases involving contradictions with laws or the Constitution, and election-related disputes. Other disputes requiring “serious constitutional interpretation” are also referred to the bench.
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