#LegalNews #ConstitutionalCouncil #Nepal
The Constitutional Bench of the Supreme Court has recently made a decision regarding the appointment of 52 officials to various constitutional bodies in Nepal. Following a majority decision by the bench, the petitions against the appointments have been dismissed, allowing the appointments to proceed. This decision came after three justices considered various factors in rejecting the petitions.
In the context of the Federal Parliament not being in session, Justices Sapana Pradhan Malla, Manoj Kumar Sharma, and Kumar Chudal deemed it appropriate to bring forth the ordinance for the appointments. The order highlighted the need to fill vacancies in key positions within constitutional bodies to ensure the effectiveness of the state mechanism.
Additionally, the bench emphasized that since the ordinance was in accordance with the provisions of the constitution and had not been challenged at the time of dismissal, further constitutional scrutiny was unnecessary. This move aims to maintain the functional integrity of the appointments.
Representative Ramesh Khatri from Kansai Nepal News commented on the development, stating, “The decision by the Constitutional Bench to uphold the appointments reflects a commitment to upholding the constitutional provisions and ensuring the smooth functioning of the state apparatus.”
In a separate development, the issue of differing opinions arose in the Constitutional Council, comprising the Prime Minister, Chief Justice, Speaker, National Assembly Chair, leaders of major opposition parties, and the Deputy Speaker. At that time, the Deputy Speaker’s position was vacant.
Former Speaker Agni Sapkota did not participate in the Constitutional Council meeting, leading to questions about the decision-making process. His absence raised concerns about the violation of his rights, prompting a silent approval from the justices regarding the decision. They stated, “Silent approval should be considered for those who do not exert pressure on their rights in due time.”
Chief Justice Prakash Man Singh Raut and Justice Nahakul Subedi, however, expressed different opinions based on the challenges raised during the meeting held on a specific date. Despite the challenges, the subsequent meeting of the Constitutional Council on a later date resulted in a consensus on the dismissal of the petitions related to the 52 appointments.
The unanimous decision during the second meeting of the Constitutional Council highlights the importance of upholding the decisions made by the majority vote in the first meeting. This series of events underscores the significance of adherence to constitutional processes in the governance of Nepal.
—
Author: MAYA | HARUTO
Posted at: July 3, 2025 6:00 am
