The endorsed constitution has adopted a provision of forming constitutional bench within the Supreme Court instead of establishing a separate Constitutional Court. Even in the revised Constitution Bill, there was a provision of establishing separate Constitutional Court but the three major parties decided to settle the issue in favor of constitutional bench in the last hour.
The Second Judges' Conference as well as the full court of the Supreme Court had expressed strong dissatisfaction over the proposal of establishing a separate Constitutional Court while organization like Nepal Bar Association had suggested establishing the court not just for a provisional period of 10 years but on a permanent basis.
"It is a welcoming move since there was no logic behind forming a separate court for provisional period of 10 years," said Advocate Sunil Kumar Pokharel, general secretary of Nepal Bar Association.
There were demands for adopting provisions that ensure reforms in judiciary. As the recommendation of the Judicial Council for the positions of judges and justices courted controversy several times in the past, there were voices for reforming the structure of the Judicial Council.
There were also calls for reappointing justices after the promulgation of the new constitution. The full court of the Supreme Court had also suggested for reforming the Judicial Council and maintain majority of justices in the body while others had asked for JC's accountability.
"No reform is seen in the provisions related to judiciary. The reappointment of justices was needed but the reform agendas are not addressed," said constitutional expert Bhimarjun Acharya.
On the other hand, advocate Acharya finds the provision of monitoring and evaluation of the works of constitutional bodies incompatible with judicial independence. "A parliamentary committee to work as an oversight mechanism would have been welcoming but the Article 287 of the endorsed constitution is incompatible with the principle of judicial independence," said Acharya.
The Article 287 states that the chief and officials of the constitutional bodies shall be accountable and answerable to federal legislature and the respective committee of the House of Representatives may evaluate and monitor the functioning of the constitutional bodies, other than that of the National Human Rights Commission, and issue necessary directives and suggestions.
The Constitution of Nepal 2015 has envisaged that there shall be a maximum of 20 justices at the Supreme Court in addition to the chief justice of Nepal. The provision of appointing temporary justices is not adopted in the constitution.
The constitution has also envisaged that the High Courts would be formed within six months of promulgation of the new constitution and the cases at existing Appellate Court by then would be transferred to the High Courts.
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