Kathmandu — The Nepali Congress has expressed serious disagreement over the recently issued ordinance related to the Constitutional Council and the decision-making process carried out under it.
In a statement issued on Thursday, the party said the ordinance reduced the quorum requirement, allowing only three members, including the Prime Minister, to make appointments to constitutional bodies.
The party stated that the move goes against the constitutional principles of separation of powers and checks and balances.
According to the statement issued by party spokesperson Devaraj Chalise, the constitution ensures representation of the government, opposition parties, and impartial institutions in the Constitutional Council to keep constitutional bodies free from direct executive control.
The party also recalled that the Supreme Court had already clarified in its verdict regarding the Constitutional Council’s decision-making process that decisions made by only three members in a six-member council could not be considered a majority decision.
The statement further noted that ignoring the natural right of the senior-most justice in the recommendation process has harmed judicial independence and democratic values.
The Nepali Congress warned that such practices could place the independent judiciary under executive influence, politicize constitutional bodies such as the Commission for the Investigation of Abuse of Authority, the Election Commission, and the Public Service Commission, and weaken citizens’ fundamental rights.
Regarding the recommendation for the Chief Justice, the party described it as a direct attack on the spirit of the constitution and expressed strong opposition to what it called an arbitrary move.
