Government Moving Toward Authoritarian Rule, Undermining Pillars of the State

Chief Justice Sapana Malla Pradhan stated that although the government attempted to create a compliant judiciary, it has not been possible. Former parliamentarian Radheshyam Adhikari raised concerns over the Constitutional Council violating seniority by appointing a fourth-ranked individual as Chief Justice. Advocate Adhikari clarified that the ordinance has weakened the president’s powers, the Constitutional Council, and the judiciary, leading to instability. The recent recommendation of the Chief Justice under the influence of Prime Minister Balendra Shah (Balen), through new provisions in the ordinance within the Constitutional Council, is polarizing Nepali society and politics.

On the occasion of Law Day, Chief Justice Sapana Malla Pradhan made a striking and firm statement, saying – despite the government’s attempts to form a compliant judiciary, it is not possible; regardless of whether the government commands a two-thirds majority, the judiciary cannot be subservient. In a public event, she urged judges not to fear the two-thirds majority or impeachment proceedings. In this context, an edited excerpt from a Time Sandarbh program on Himalaya TV features a conversation with senior advocate and former parliamentarian Radheshyam Adhikari: I begin with the remarks made by the Chief Justice on Law Day.

Adhikari said, “What is the reason for appointing someone from the fourth rank as Chief Justice by bypassing the first, second, and third ranks?” He added that the Constitutional Council and particularly the Prime Minister must answer this question. He further noted, “It is not to say the judiciary is free from weaknesses; there is ample room for reform. But currently, a well-orchestrated attack on the judiciary is underway.”

Adhikari expressed serious concern about what will happen to the nation if the foundational pillars of the state continue to be systematically dismantled. He said, “Nepal’s judiciary is a respected institution.”

On another note, he remarked, “Yesterday, Congress and communists erred and thus faced downfall. Tomorrow, we must ensure we do not reach that same fate—this awareness should be present within the current government.”