Tough Jobs Await New CJ

Dr. Manoj Kumar Sharma has been appointed as the 33rd Chief Justice of the Supreme Court (SC), setting a new trend in the country’s judiciary system. He will serve a full six-year term, which is rare, especially after the restoration of the multiparty system in 1990. Dr. Sharma has taken the helm at the SC on the basis of meritocracy. This time, the Constitutional Council recommended him as CJ by bypassing other senior justices in a clear move to get the court rid of undue political influences. More interestingly, a fast-track method was applied to appoint him. On Tuesday, the Parliamentary Hearing Committee unanimously endorsed his name after concluding his hearing. On the same day, President Ramchandra Paudel appointed him in accordance with Article 129(2) of the Constitution of Nepal and administered the oath of office and secrecy to him. In the evening, he went to SC to assume office.  

Obviously, there was urgency to appoint the new CJ as leadership vacuum in the SC has given rise to unnecessary rumours and tensions. Moreover, there was a risk of growing conflict between the executive and judiciary. Some SC judges had publicly expressed dissatisfaction with the government over the selection process of the CJ. With his appointment, the looming friction is likely to peter out. Earlier in the day, Dr. Sharma had responded to at least 16 complaints lodged against him at the Parliamentary Hearing Committee. Lawmakers from different political parties fielded questions related to the Ncell tax fine dispute, university thesis issue, registration and deferral of writ petitions and transitional justice, among others. Upon assuming office, Dr. Sharma said he would not compromise in the judicial independence, professional impartiality of judges and the execution of justice.

Presenting his action plan for judicial reform, Dr. Sharma has committed to enhancing the people's access to justice through the optimal use of information technology. According to him, digitisation enables to realise the concept of e-court that makes judicial work transparent and predictable. Transparency and accountability are essential for the effective delivery of justice and easy access to justice for the people. The SC has to settle thousands of legal cases but limited human and financial resources have prevented it from clearing them. Dr. Sharma has promised to reduce the backlog of cases within 18 months. In order to gain public trust, the SC should deliver justice to the people without delay. There are cases pending in the court for decades. So the primary task ahead of Dr. Sharma is to increase the capacity of the SC to implement his roadmap for judiciary reforms. 

The judiciary constitutes one of the three key organs of the state. Its primary role is to maintain checks and balances between them. The independent judiciary is indispensable for a functional democracy. Democracy sustains and thrives when the court delivers justice impartially. The citizenry must have trust in its ability to ensure justice in time. The humongous task ahead of Dr. Sharma is to unite his own colleagues on the bench. It is believed that the judges have been divided after the Constitutional Council nominated his name. Their division must not affect the execution of justice. He must show a balanced conduct while forming a constitutional bench and administrative responsibilities among the judges. Similarly, there is a need for cordial relations between the bench and bar. Dr. Sharma needs to prove his mettle in translating his commitment into action.