KATHMANDU: The Nepali Congress (NC) has expressed serious disagreement over the recently issued ordinance related to the Constitutional Council, as well as the decision-making process adopted under it.
Party spokesperson Devraj Chalise, issuing a press statement, said the ordinance undermines the fundamental constitutional principles of separation of powers and checks and balances enshrined in the Constitution of Nepal.
He said the Constitutional Council was designed under the Constitution to ensure representation of the government, opposition, and independent institutions, thereby safeguarding the autonomy of constitutional bodies.
“The Constitution of Nepal has established the Constitutional Council based on the principles of separation of powers and checks and balances,” the statement reads.
“It ensures that constitutional bodies remain independent watchdogs rather than institutions under direct executive control. This reflects the Constituent Assembly’s democratic foresight.”
The Nepali Congress has objected to the revised quorum provision in the ordinance, which allows decisions to be taken by a reduced number of members, including the Prime Minister and a limited group of office bearers. The party alleged that such provisions open the door to arbitrary appointments.
The party further said it has consistently opposed such appointment practices from the outset and termed the latest developments “unfortunate,” particularly in relation to the rights of senior constitutional officeholders.
According to the statement, bypassing established constitutional norms in appointments could gradually weaken the independence of the judiciary and turn it into an extension of the executive.
“The ordinance and the decision-making process under it risk turning the judiciary into a shadow of the executive,” the Nepali Congress said.
“There is also a danger that constitutional bodies such as the Commission for the Investigation of Abuse of Authority, the Election Commission, and the Public Service Commission may be influenced in favour of the government, weakening citizens’ fundamental rights and pushing the country towards authoritarianism.”
Reiterating its stance on constitutional supremacy, the Nepali Congress said the Prime Minister’s role is that of a coordinator within constitutional limits, not a decisive authority.
“The Constitution does not make the Prime Minister an absolute authority, but assigns the role of a responsible coordinator,” the statement added.
“The recent decision regarding the Chief Justice made through a limited quorum of the Constitutional Council is an attack on judicial independence, constitutional essence, and democratic values. The Nepali Congress strongly and seriously objects to such an undemocratic and arbitrary move.”
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