KATHMANDU, April 1: Senior-most Justice Sapana Pradhan Malla has taken charge as acting Chief Justice of the Supreme Court (SC) today, which will mark an important occasion for Nepal’s judiciary. She steps into the role following the retirement of Chief Justice Prakash Man Singh Raut on Tuesday after he reached the constitutional age limit of 65. As per seniority, Malla automatically assumes leadership of the apex court.
Raut was appointed Chief Justice on October 6, 2024, after serving eight years as an SC Justice. Before joining the bench, he was a senior advocate.
Malla’s elevation ensures continuity in the judiciary and places her on track to become Nepal’s second female chief justice, after Sushila Karki.
Parajuli appointed acting CJ
However, the transition also highlights a constitutional gap. Article 284(3) requires the Constitutional Council to recommend a new chief justice at least one month before the incumbent’s retirement. That process has not been completed, as the Council meeting was not convened. As a result, the SC will continue under acting leadership until Prime Minister and Constitutional Council Chair Balendra Shah calls a meeting and makes a recommendation.
The Constitutional Council comprises the Prime Minister (chair), the Chief Justice, the Speaker of the House of Representatives, the Chairperson of the National Assembly, the Leader of the Opposition, and the Deputy Speaker of the House of Representatives. The chief secretary serves as the member secretary. The Minister for Law is also allowed to participate in meetings that recommend a new chief justice. As acting Chief Justice, Malla will take part in the upcoming council meeting.
By convention, the senior-most SC justice is typically elevated to chief justice, and Malla’s appointment follows this established practice. However, her full-term appointment will depend on a formal recommendation by the Constitutional Council.
Who is Malla?
Sapana Pradhan Malla is the senior-most justice of the SC. Before becoming a judge, she was widely known as a legal professional actively working in the fields of women’s rights, gender justice, and human rights. She is regarded as one of the leading legal figures advocating for women’s rights in Nepal.
Before her appointment to the SC, she had long been involved in advocacy on issues such as gender-based violence, equality, and social justice. As a justice, she has handled several important cases related to constitutional interpretation, human rights, and social justice.
If appointed Chief Justice, Malla will remain in office until November 15, 2028. She was appointed as a justice of the SC on August 1, 2016.
