The amendment made in the Supreme Court Rules to reduce the discretionary power of Chief Justice of the Supreme court has gained legitimacy.
Supreme Court (Second Amendment) Rules, 2078 has been published in the Gazette on Monday. There is a legal provision that any government decision will get legitimacy only after it is published in the Gazette.
The full meeting of the Supreme Court (Full Court) held on November 19 had amended the Supreme Court Rules, 2074 by reducing the power of the Chief Justice to declare the bench. After the revised rules, the power of the Chief Justice to decide the bench/case has been curtailed. The bench will be decided by the “Hearing Management Directing Committee”.
Rule 20 of the amended rules states, “For the hearing of a case registered in a court, a bench shall be constituted and a list of cases shall be determined by ballot.”
See Full Revised Rules