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🇳🇵 Nepal /Elections & Politics

Constitutional commissions left waiting as appointments remain on hold

From Kathmandu Post · () English

Summarized and contextualized by DistantNews.

At a glance

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  • Nepal's Constitutional Council has failed to fill numerous vacant positions in constitutional commissions for months, despite a constitutional requirement to do so at least one month before vacancies arise.
  • The council recommended a chief justice after an ordinance amending the relevant act, but has since made no further appointments, leading to criticism that the process was politically motivated.
  • Key posts like Chief Election Commissioner and chairs of several other commissions have been vacant for over a year, raising concerns about the functioning of these bodies.

Nepal's constitutional commissions are facing prolonged vacancies, with numerous leadership and member positions remaining unfilled for months. This situation persists despite a constitutional mandate requiring the Constitutional Council to recommend appointments at least one month before a post becomes vacant.

The Constitutional Council, chaired by Prime Minister Ramchandra Paudel, convened on May 7, recommending Manoj Kumar Sharma for chief justice following the promulgation of an ordinance amending the Constitutional Council (Functions, Duties, Powers and Procedures) Act. However, the council has not convened or made further recommendations since, leaving 19 positions vacant.

Even when the ordinance was introduced, it seemed it might have been intended only to recommend a chief justice. After that meeting, I have not even heard any discussion about convening another one. I have also had no communication with the prime minister on the matter.

— Bhisma Raj AngdembeLeader of the main opposition and a member of the Constitutional Council, commenting on the lack of further meetings or communication regarding appointments.

Criticism has emerged regarding the government's perceived lack of urgency and potential political motivations behind the stalled appointments. The post of Chief Election Commissioner has been vacant for 14 months, and several other key commissions, including the National Natural Resources and Fiscal Commission, Tharu Commission, Madhesi Commission, and Muslim Commission, have had vacant chair positions for 15 months. Multiple member positions are also unfilled across various commissions.

Bhisma Raj Angdembe, a member of the Constitutional Council and leader of the main opposition, stated he has received no information about future meetings and suggested the ordinance might have been intended solely for the chief justice appointment. Former Supreme Court justice Balram KC echoed these concerns, arguing that limiting the process to the chief justice suggests a focus on consolidating power rather than strengthening constitutional bodies. He asserted that the ordinance should have been fully utilized to fill all vacant posts.

The ordinance itself should never have been brought. But once it was issued, appointments should also have been made to the constitutional commissions. Limiting the process to the chief justice creates the impression that the government’s focus was only on securing power. The ordinance should have been fully utilised to fill long-vacant posts and strengthen these commissions. Failing to do so suggests

— Balram KCFormer Supreme Court justice explaining his concerns about the prime minister's intentions and the incomplete appointment process.
DistantNews Editorial

Originally published by Kathmandu Post. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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