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Politics

New Chief Justice, APF Chief appointments await Balen govt formation

Nepalkhabar

Nepalkhabar

 |  Kathmandu

Major constitutional commissions and diplomatic posts in Nepal have remained vacant for a long time due to legal hurdles and the negligence of the previous government.

The interim government recalled ambassadors from ten countries but failed to appoint replacements. Key positions, including the Deputy Governor of Nepal Rastra Bank, commissioners at the CIAA, and leadership roles at the Election Commission, remain unfilled. Additionally, one National Assembly seat is vacant, and the Chief Justice and Armed Police Force Chief are retiring soon. Within six months, the new administration must also replace the Chief Secretary and the CIAA Chief, who are nearing retirement.

With a near two-thirds majority, the upcoming Rastriya Swatantra Party (RSP) government now has a prime opportunity to fill out these critical vacancies. As Parliament convenes alongside the new government, the path is clear for these appointments, marking the RSP's official entry into National Assembly.

Vacancy at National Assembly
Of the 19 vacant National Assembly seats, 18 have been filled out: 9 by Nepali Congress, 8 by UML, and one by Janata Samajwadi Party. Consequently, despite its near two-thirds majority in the lower house, Rastriya Swatantra Party (RSP) currently has zero representation in National Assembly.

Sapana Pradhan Malla likely next Chief Justice
Chief Justice Prakashman Singh Raut is set to retire on March 31 upon reaching the 65-year age limit. Currently, the Supreme Court operates with 19 of its 21 mandated positions.

The Judicial Council has recommended six candidates for the top post, with Senior Justice Sapana Pradhan Malla leading the list. If appointed, she will become Nepal’s second female Chief Justice, following the current Prime Minister, Sushila Karki. Other nominees include Justices Kumar Regmi, Hari Phuyal, Manoj Kumar Sharma, Nahakul Subedi, and Til Prasad Shrestha.

The appointment process requires a recommendation from the Constitutional Council, chaired by the Prime Minister, followed by a parliamentary hearing. The Council—which includes the Speaker, Deputy Speaker, National Assembly Chair, Opposition Leader, and the Chief Justice—will convene to finalize the appointment once its vacant positions are filled by the new government.

Vacancy at CIAA
A commissioner position lying vacant at the Commission for the Investigation of Abuse of Authority (CIAA), after Kishore Silwal retired. Silwal, a former acting chief judge, served nearly five years in the role.

With anti-corruption as its core mandate, Rastriya Swatantra Party (RSP) now has an immediate opportunity to fill out this vacancy. Furthermore, in the next nine months, the party will oversee the replacement of the entire commission, including Chief Commissioner Prem Kumar Rai.

Two deputy governor vacancies at Nepal Rastra Bank
Two deputy governor positions at Nepal Rastra Bank (NRB) are lying vacant following the retirement of Neelam Dhungana Timsina and Bam Bahadur Mishra. Both completed their five-year terms after being appointed in March 2021.

The current government has yet to fill out these vacancies, meaning the incoming administration will likely handle the appointments. Under the NRB Act, the governor recommends four candidates from the bank's 18 executive directors (special class officers). From this shortlist, the cabinet will select two to serve as deputy governors.

Vacancies at Election Commission
The Election Commission has been headless for nearly 11 months following Dinesh Kumar Thapaliya's retirement last April. Although Thapaliya successfully oversaw the 2022 local and general elections, the government failed to appoint a successor upon his departure. In the interim government, Senior Commissioner Ram Prasad Bhandari has served as the Acting Chief. Under his leadership, the most recent elections were conducted.

APF: Six DIG vacancies and new IGP next month
The Armed Police Force (APF) currently has six vacant Deputy Inspector General (DIG) positions. Four positions lay vacant due to recent retirements, while two are newly approved vacancies awaiting promotion. If not appointed immediately, the incoming government will oversee these appointments.

Additionally, APF Inspector General (IGP) Raju Aryal will retire on May 1 following his four-year tenure. This creates a leadership transition, with AIGs Narayan Datta Paudel and Banshi Raj Dahal as the top contenders. Paudel is currently the frontrunner due to his seniority.

Ambassadors recalled, no new ones appointed
The interim government led by Sushila Karki recalled ambassadors from 10 countries. Although it decided to recall ambassadors on October 16, it has not appointed new ones.

According to sources, the problem of sending new ambassadors arose due to the absence of a parliament. The government had prepared to bring an ordinance to pave the way for the appointment of these ambassadors after the parliament convenes. However, President Paudel did not take the ordinance forward.

The government had decided to recall ambassadors from China, Germany, Israel, Qatar, Russia, Saudi Arabia, Spain, Britain, America and Japan. While some have already resigned, some of them are currently reporting to the Ministry of Foreign Affairs. The next government will be able to recall ambassadors from other countries and appoint new ones.

Chairman of Insurance Authority
The chairman of the Insurance Authority is also lying vacant. Sharad Ojha, who was appointed a year ago, was relieved of his post. Even after moving the Supreme Court, his position was not saved.

In the meantime, many leadership changes have taken place. The interim government has appointed Chandrakala Paudel as the Secretary of the Ministry of Federal Affairs and General Administration. Paudel has been appointed to serve as the chairman of the Authority until further notice.

Prior to that, the previous government had given the responsibility to Janak Raj Sharma, Joint Secretary of the Ministry of Finance, as the chairman of the Authority.



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