Kathmandu – Prime Minister Sushila Karki’s recommendation of former Supreme Court Justice Anil Kumar Sinha as Minister for Industry and Land Management has sparked a constitutional debate over eligibility.
Constitutional Debate Over Eligibility
Article 132(2) of Nepal’s constitution prohibits former Chief Justices and Supreme Court justices from holding government positions, except membership in the National Human Rights Commission. This provision has raised doubts about whether Sinha’s ministerial appointment is legally valid.
Senior advocate Tikaram Bhattarai explained that the rule protects judicial independence. “It prevents judges from making rulings favorable to the government today and taking ministerial posts tomorrow,” he said.
Some experts argue that the government’s exceptional formation justifies the move. Advocate Bhimarjun Acharya noted, “The constitution does restrict former justices, but this government emerged from a youth movement mandate. Under that context, appointing a former justice as minister is defensible.”
Senior advocate Purnaman Shakya added, “If a former Chief Justice can serve as Prime Minister, why not another justice as minister?” He stressed that the Gen-Z movement had already given political legitimacy to the interim government.
Sinha’s Background and Other Ministerial Nominations
Sinha retired in November 2023 upon reaching the mandatory age of 65. Before joining the bench, he was a specialist lawyer in tax and corporate law. During his eight years on the Supreme Court, he played key roles in historic constitutional rulings.
He voted to reinstate parliament after former Prime Minister KP Sharma Oli dissolved it and was involved in the verdict on the controversial appointment of Lokman Singh Karki as head of the anti-corruption watchdog.
Prime Minister Karki also recommended Dr. Sangeeta Mishra for Health, Mahabir Pun for Education, journalist Jagdish Kharel for Communication and Information Technology, and Dr. Madan Pariyar for Agriculture.
However, sources close to the prime minister indicated she may reconsider Dr. Mishra’s nomination, suggesting her appointment could be delayed.
