KATHMANDU: Former Chief Justice of the Supreme Court Anup Raj Sharma has claimed that neither sitting CJ nor former CJs can become the Prime Minister just by political consensus or President’s move to clear the hindrances of the Interim Constitution of Nepal 2063 B.S.
In an interview with Reporters Club Chairman Rishi Dhamala for Badi Bahas, a popular TV talk program, the former CJ said that no other option, except revival of the CA, could amend the constitution for the Prime Minister’s appointment.
He said that the President’s move to clear the hindrances would only activate the passive article of the constitution and constitution amendment was not likely only on the political consensus, Sharma added.
He also said that doubts are rife that whether or not the judiciary would be influenced after the head of the judiciary becomes the top of the executive power and added that this option is not preferred even in Bangladesh.
Sharma said, “Political leadership is the best and appropriate option for leading the top executive post. Chief Justice-led government cannot be formed under present circumstances. Constitution should be amended and political consensus was also needed for this.”
The former CJ further said that amendment to the constitution at present was also not possible. “For this, the CA should be revived and it could expire automatically after amending the constitution.”