Nepal Bar Association Calls Chief Justice Recommendation Unexpected and Unconstitutional

April 8, Kathmandu – The Nepal Bar Association has expressed surprise over the recommendation of the Chief Justice, describing the move as contrary to tradition. On Friday, Kedar Prasad Koirala, the General Secretary of the Bar Association, issued a press release stating that running the administration through an ordinance violates the rule of law.

“The constitutional council (concerning functions, duties, authority, and procedures) Act has been circumvented with malicious intent to mislead the Federal Parliament under the pretext of an ordinance, which is contrary to the spirit of Article 284 of Nepal’s Constitution. The Constitution cannot be amended under such conditions,” the Bar’s statement read. “Disregarding the globally accepted principle of separation of powers, the government, through the constitutional council, has made a recommendation that places the judiciary under the shadow of the executive branch, affecting the judiciary for a long duration—a clear deviation from established traditions, and thus unexpected.”

The Bar further criticized the ordinance, which bypassed the Parliamentary session, as a serious violation of the people’s sovereign right as per Article 2 of the Constitution and Parliament’s supreme authority. The Bar stated that it considers the issuance of a constitutionally opposed ordinance intended to replace the essence of the Constitution and govern accordingly as impractical and unconstitutional, leading to a judiciary controlled and directed by such actions. It emphasized that such acts contradict constitutional values and traditions and are unfavorable for the judiciary.

“This issue has not only national but also international significance,” the Bar clarified in the release. The Bar labeled the government’s move of introducing an ordinance by suspending the already convened Parliamentary session as “pseudo-legislation,” which strikes at the heart of the Constitution and promotes arbitrariness. “Such actions infringe on the principle of separation of powers among the Nepalese Constitution, judiciary, legislature, and executive, encroach upon jurisdiction, and represent attempts to direct, control, and manipulate an independent, capable, and accountable judiciary. The Nepal Bar Association steadfastly opposes these efforts,” the statement added.

“The current ordinance and the corresponding divisive recommendation attempt to intimidate all judicial officers; the government’s intent in this regard is no secret.” The Bar also commented on the pressure placed on members of administrative courts, labor courts, and foreign employment arbitration tribunals—who are expected to function independently—to resign, viewing this as an assault on judicial independence. The Bar urged an immediate halt to these unconstitutional and anti-constitutional actions and appealed to safeguard the independent judiciary to prevent the country from slipping into conflict. The Bar also called upon judges of the Supreme Court and all other courts to remain highly motivated and dedicated to the delivery of justice.