Raut retires as Chief Justice

Chief Justice Prakash Man Singh Raut retired on Tuesday upon reaching the constitutional age limit of 65, with no successor in place as delays in the appointment process raise questions over leadership continuity at the Supreme Court.

Raut, who assumed office on October 6, 2024, served a tenure of nearly 18 months. He had been on leave for the past month.

Following his retirement, the Supreme Court will be led by the senior-most justice in an acting capacity. As per the existing seniority order, Sapana Pradhan Malla is expected to assume the role of acting chief justice.

Such an arrangement remains in place until a new chief justice is formally appointed.

The process to appoint a new chief justice has yet to begin formally.

Under the Constitution, the chief justice is appointed by the President on the recommendation of the Constitutional Council. While the Judicial Council has already recommended six incumbent Supreme Court justices as potential candidates, the Constitutional Council remains incomplete, preventing further action. 

The recommended justices include Sapana Pradhan Malla, Kumar Regmi, Hari Prasad Phuyal, Dr Manoj Kumar Sharma, Dr Nahakul Subedi, and Til Prasad Shrestha.

The Constitutional Council, chaired by the prime minister, is responsible for endorsing key constitutional appointments. Its incomplete composition has delayed multiple appointments in recent months, including the top judicial post.

There is no constitutional provision requiring the selection of a new chief justice before the incumbent retires. However, delays can leave the judiciary functioning under acting leadership for extended periods.