With the main opposition Nepali Congress on Monday electing Bishma Raj Angdembe as its parliamentary party leader, the long-vacant Constitutional Council has now reached full composition.

The council had remained incomplete for eight months, delaying recommendations for key constitutional appointments, including the Chief Justice, Supreme Court Justices and heads of various constitutional bodies.

Under constitutional provisions, the Constitutional Council is chaired by the prime minister. It consists of six members: the chief justice, Speaker of the House of Representatives, chair of the National Assembly, leader of the main opposition, and deputy Speaker.

In cases where the chief justice post is vacant, the law provides for the law minister to participate in meetings related to the appointment of the chief Justice, as per Article 284 of the constitution.

The council has previously faced criticism over a lack of inclusiveness. If Acting Chief Justice Sapana Pradhan Malla is confirmed as chief justice, women will occupy two seats in the council. This would raise women’s representation above 33 percent.

The Constitutional Council is responsible for recommending appointments to key constitutional bodies. Currently, positions such as Chief Justice, Chief Election Commissioner, one member of the Commission for Investigation of Abuse of Authority (CIAA), one member of the National Human Rights Commission, as well as posts in the National Women Commission and National Natural Resources and Fiscal Commission, remain vacant. Several ambassadorial posts are also unfilled.

Path opens for Chief Justice appointment

With the council now complete, the process to appoint chief justice at the Supreme Court has moved forward, ending a prolonged period of acting leadership.

Following the retirement of Chief Justice Prakash Man Singh Raut upon reaching the mandatory age limit, the Supreme Court had been functioning under an acting arrangement. Senior Justice Sapana Pradhan Malla has been leading the court in an acting capacity.

Although the constitution requires recommendations to be made one month before a vacancy arises, the political transition following the Gen Z movement and the subsequent dissolution of parliament left key positions, including the Speaker, Deputy Speaker and opposition leader, unfilled, rendering the council inactive.

After the elections held on March 5, the new House of Representatives was formed, allowing the council to regain full membership.

The Judicial Council has already recommended six eligible candidates for the post of Chief Justice, all of whom have completed at least three years as Supreme Court justices. The list includes Sapana Pradhan Malla, Kumar Regmi, Hari Prasad Phuyal, Manoj Kumar Sharma, Nahakul Subedi, and Til Prasad Shrestha.

Traditionally, the most senior justice has been appointed chief justice, and observers expect a similar practice to continue.

Legal vacuum persists

Despite the council’s completion, legal uncertainty surrounding its functioning remains.

Several ordinances regulating the Constitutional Council’s powers have been issued and allowed to lapse in the past without parliamentary approval, leaving gaps in the legal framework. As a result, the council currently cannot make decisions by majority vote if consensus is not reached.

This legal ambiguity emerged after former Prime Minister KP Sharma Oli amended provisions allowing decisions with a majority of members present, even if fewer than all members attended meetings. Subsequent ordinances and bills failed to be ratified by parliament, deepening the legal vacuum.

The issue has persisted through multiple administrations. An interim government led by Sushila Karki had prepared an ordinance to streamline appointments to constitutional bodies, including the Election Commission and the Supreme Court, but it was halted by the President.

Earlier, a bill passed by both houses during Oli’s tenure was returned by the President with five suggested revisions, including changes to quorum and decision-making rules.

Oli had issued an ordinance enabling appointments to constitutional bodies based on a simple majority of members present, under which 52 officials, including CIAA Chief Prem Kumar Rai, were appointed. However, the ordinance was not passed by Parliament within the required timeframe, and Parliament was subsequently dissolved.

Since then, the constitutional and legal complications surrounding the council have remained unresolved.

The government led by Prime Minister Balendra Shah is now preparing new ordinances to address these issues, citing difficulties in day-to-day governance. A Cabinet minister said the provisions are being finalised and could be sent to the President soon, potentially followed by the convening of a parliamentary session.