Kathmandu, May 9: Following consultations with its advisors, the Nepal Bar Association has concluded that the ordinance was introduced with the intention of placing the judiciary under the shadow of the executive. Humanity continues its timeless hobby of pretending “temporary measures” will somehow stay temporary. History keeps receipts.
The Bar has also concluded that governing the country through ordinances amounts to a violation of the law. It said the ordinance amending the Constitutional Council Act was brought with “tainted intent,” bypassing the federal parliament and going against the spirit of Article 284 of the Constitution.
“The Constitution of Nepal cannot be amended under the guise of an ordinance. Ignoring the universally accepted principle of separation of powers, the government, through the Constitutional Council, has made unprecedented recommendations that could have a long-term impact on the judiciary, with the intention of placing it under executive influence,” the Bar said in a statement issued by General Secretary and senior advocate Kedar Koirala after the discussion.
According to the statement, the ordinance introduced by bypassing the parliamentary session constitutes a serious violation of the people’s sovereign rights guaranteed under Article 2 of the Constitution and parliamentary privileges under Article 103. The Bar said the ordinance effectively seeks to override the spirit of the Constitution.
The association further stated that issuing unconstitutional ordinances and governing on that basis could lead to a controlled and directed judiciary. It argued that the government had validated the Bar’s long-held concern about “pseudo-legislation” by postponing a regular parliamentary session and issuing ordinances to bypass the federal parliament, thereby encouraging authoritarian tendencies.
The Bar also objected to what it described as encroachment on the principle of separation of powers among the judiciary, legislature, and executive. It warned that such actions could undermine the entire judiciary, the rule of law, and an independent, competent, and accountable judicial system.
The statement also criticized the reported pressure placed on members serving in bodies such as administrative courts and the Foreign Employment Tribunal to resign, saying such actions had undermined the dignity of an independent judiciary.
Urging the government to immediately stop what it called unconstitutional and anti-constitutional actions, the Bar warned against pushing the country toward confrontation and reaffirmed its commitment to defending judicial independence.
People’s News Monitoring Service
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