Nepal’s Constitutional Council has breached the seniority rule, in practice for seven decades, while picking the chief justice of the Supreme Court. The council, led by Prime Minister Balendra Shah, recommended Justice Manoj Kumar Sharma, the fourth-ranking judge in the top court, amid reservations from two of its members.

The council ignored Sapana Pradhan Malla, the senior-most justice, and Kumar Regmi, and Hari Prasad Phuyal, who were ahead of him, while choosing Sharma as the 33rd chief justice. In the six-member council, the National Assembly chair and the leader of the opposition registered their dissent to the decision.

Malla has been acting chief justice after Prakash Man Singh Raut retired as the chief of the judiciary in March.

Shah's proposal to pick Sharma over Malla led to a heated discussion in the council. The prime minister asked dissenting members to record their objections in writing if they didn’t accept the name.

“We had reservations about the disregard for seniority. We have in writing submitted our written objection to the Constitutional Council,” a member said. Their note said they could not agree to a decision that violated established procedures and tradition.

The prime minister defended his choice saying that tradition alone cannot justify appointments. He said that merit, expertise, and judicial capability must also be considered in the selection process, according to a member present at the meeting. Shah argued that justice delivery and expertise matter more than seniority.

Experts, however, disagree. Bipin Adhikari, a professor at the Kathmandu University School of Law, said that while there is no constitutional or legal restriction on appointing someone other than the senior-most justice as the chief of the judiciary, there must be rare, institutionally justified reasons for doing so. “I don’t see strong reasons for this departure,” he said.

Appointing a junior justice, bypassing senior justices without strong reasons, might create room for executive influence in the judiciary. “This may create a situation where justices become cautious before passing verdicts, fearing it may obstruct their promotion.”

The Nepal Bar Association also expressed its reservations over the recommendation. “We are shocked by the council’s decision,” said General Secretary Kedar Koirala. “A meeting of the Bar advisory committee has been called for Friday to decide its official position”

Born on June 18, 1970, in Birgunj, Parsa district, Sharma comes from a legal family background. He is a nephew of former chief justice Damodar Sharma.

He holds a bachelor's in law from Nepal Law Campus, Kathmandu and an LLM from Pune University, India. He also earned a PhD in Labour Law from Tribhuvan University.

He obtained his advocate licence in 1994. He has been associated with the prominent corporate law firm Pioneer Law Associates since 1994 and later joined Shreeman Law Firm in 2004.

He was appointed an additional judge to an appellate court in 2013 and served until 2015.

Sharma became a permanent justice of the Supreme Court on April 18, 2019. Since February 5, 2024, he has been serving as a member of the Constitutional Bench.

After becoming a Supreme Court judge, Sharma also served as a member—and later chair—of the Justice Access Commission from January 6, 2023, to September 2024, working to expand people’s access to justice. He was also a member of the Supreme Court’s Information Technology Committee from 2020 to 2022.

Sharma has represented Nepal in international judicial forums, including the World Intellectual Property Judges Forum and the Asia-Pacific judicial conferences, including discussions on climate change-related judicial decisions.

The decision to pick Sharma is a departure from the practice that chief justice appointments are set years in advance. Sharma will reach the retirement age of 65 only in 2032, meaning that he could serve for the full six-year tenure.

Under Article 129 of the Constitution of Nepal, a justice who has served at least three years as a Supreme Court judge is eligible to be appointed chief justice. With this recommendation, Malla, Regmi, and Phuyal will not become chief justice again. The precedent may open the door for all judges with at least three years of Supreme Court service to be considered for the top role.

Now Sharma’s name will be sent to the Parliamentary Hearing Committee. A joint committee of the House of Representatives and the National Assembly will publish a public notice and invite complaints. After reviewing complaints, lawmakers will question the nominee. Sharma will also be asked to present vision.

Once approved, President Ramchandra Paudel will appoint him to the vacant chief justice position.