With the registration of an impeachment motion against Chief Justice Cholendra Shumser JB Rana questioning his performance, he has been disallowed from performing his duties.
The lawmakers from the ruling parties today registered the motion of impeachment against CJ Rana at the Singha Durbar-based federal parliament secretariat in accordance with Article 101 of the Constitution. As per the Constitutional provision, after the commencement of impeachment proceedings, the Chief Justice shall be relieved from the duties of his office. This is akin to being suspended until the case is settled.
Article 101 (2) states one-fourth of the total members of the House of Representatives may move a motion of impeachment against the Chief Justice or a Judge of the Supreme Court, along with members of the Judicial Council, chief or official of a Constitutional Body on the ground of his or her failure to fulfill duties of office because of serious violation of this Constitution and law, incompetence, misconduct, failure to perform the duties of office honestly or serious violation of the code of conduct. If the motion is passed by at least two-thirds majority of the House of Representatives members, the concerned person shall be fully relieved of duties.
The Constitution, however, guarantees a person charged with impeachment shall be provided with a reasonable opportunity to defend himself/herself.
The motion is proposed by CPN (Maoist Centre)’s Dev Prasad Gurung, Nepali Congress' Dr Pushpa Bhusal and CPN (Unified Socialist)’s Jeevan Ram Shrestha and it is backed by 98 lawmakers including Dr Minendra Rijal.
Secretariat Joint Spokesperson Dashrath Dhamala said the motion will be presented before the Speaker and the Speaker will probably present it before the Business Advisory Committee for discussions and will proceed with further action.
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