After UCPN (M) chairperson Pushpa Kamal Dahal proposed forming the government under the sitting Chief Justice, there was discussion in its favour and against throughout the month. Inaugurating the 7th party convention on February 2 in Hetauda, Dahal stated that it will bring a “new formula” for out of the current political impasse. Though he said that such a formula would be satisfactory to all, he did not clarify. However, on February 7, he proposed forming an election government under the sitting Chief Justice inside the convention hall. The convention approved this proposal in its closed session.
As soon as Dahal had proposed Chief Justice-led government, discussions in its favour and against began. Legal experts stated that a sitting Chief Justice cannot be appointed prime minister without amending the constitution. Former Chief Justice Ram Prasad Shrestha said, “Since the Chief Justice is not a member of the parliament, the constitution bars his appointment to the post of the prime minister. It is another matter if the parties agree to revive the Constituent Assembly for a short time to amend it.” Another former Chief Justice Anup Raj Sharma had similar views. He said, “The present constitution has no provision of the sitting Chief Justice and justices of the Supreme Court being a member of any government body except the Human Rights Commission even after retiring. Therefore, only amending the constitution paves the way for the Chief Justice to become the prime minister.” Former Chief Justices and legal experts stood against the UCPN(M) proposal to hand over the responsibility of the head of the government to the sitting Chief Justice.