Nepali Congress Condemns Chief Justice Recommendation as Undemocratic and Arbitrary

April 6, Kathmandu: The main opposition party, Nepali Congress, has expressed serious disagreement with the Chief Justice recommendation made by the Constitutional Council. Party spokesperson Devaraj Chalise commented in a press release issued on Thursday night that the government’s recent ordinance concerning the Constitutional Council was introduced to facilitate such arbitrary appointments. “Nepal’s Constitution embraces the fundamental principles of separation, control, and balance of power by establishing the Constitutional Council,” the press note states. “It clearly provides for the participation of the government, opposition parties, and impartial institutions to ensure constitutional bodies are free from direct executive control.”

Congress noted that this arrangement reflects the Constitutional Assembly’s profound understanding and democratic foresight. “Its core purpose is to establish constitutional bodies not as subordinate to the government but as independent watchdogs,” the statement added. However, Congress pointed out that the ordinance reduces the quorum to allow decisions to be made by just three members—including the Prime Minister—thus opening the door for appointments to constitutional bodies by a limited group. “This ordinance was brought for such arbitrary appointments, as is now proven,” the press note said.

The Supreme Court’s decision on June 27, 2024 (Jestha 14, 2081 BS) clarified that the decisions of three members in a six-member Constitutional Council cannot be considered a majority. Congress recalled this precedent, emphasizing that ignoring this and sidelining the natural right of the senior-most judge, thereby affecting a traditionally upheld constitutional authority, was unfortunate.

Congress claimed that the ordinance and the subsequent decision-making process are gradually transforming the independent judiciary into an extension of the executive branch. “This could lead to crucial constitutional bodies such as the Commission for the Investigation of Abuse of Authority, the Election Commission, and the Public Service Commission being operated to favor the government agenda. It will weaken protection of citizens’ fundamental rights and ultimately erode the principle of separation of powers, steering the country toward autocratic governance,” Chalise stated in the press release.

Acknowledging the supremacy of the Constitution in a democracy, the press note stressed, “The Constitution does not make the Prime Minister a decisive ruler but assigns only a responsible coordinating role.” Yet, the Chief Justice recommendation made by the Constitutional Council today with a limited vote openly violates the Constitution’s core spirit, judicial independence, and democratic values, Congress concluded. “Nepali Congress firmly and seriously opposes such an undemocratic and arbitrary move,” the statement affirmed.