Global rights groups raise concerns over Nepal’s judiciary

International human rights organizations are sounding the alarm over Nepal's judiciary, warning that recent government actions threaten its independence and the rule of law. Amnesty International, Human Rights Watch, and the International Commission of Jurists (ICJ) issued a joint statement highlighting concerns about changes to the Constitutional Council Act through an executive ordinance and alleged pressure on senior Supreme Court justices.

The rights groups stated that amending the Constitutional Council Act via ordinance, rather than parliamentary legislation, violates constitutional principles. This change alters the quorum and voting requirements for the council, which recommends appointments to key constitutional positions. The organizations fear this increases the potential for political influence over judicial appointments, as government representatives already hold a majority on the council.

"The independence of the judiciary is a cornerstone of the rule of law and an essential safeguard for the protection of human rights," said Ian Seiderman, senior legal and policy director at the ICJ. "Any reform of Nepal’s justice system should strengthen, not weaken, the independence, impartiality and integrity of the courts."

Further concerns were raised regarding the appointment of Manoj Kumar Sharma as chief justice, which deviated from the tradition of appointing the senior-most serving justice. The groups also reported credible allegations that three senior Supreme Court justices faced political pressure to resign or risk impeachment. They noted that such threats, without clear constitutional justification, risk creating the perception of politically motivated actions and could disrupt the court's functioning during critical hearings.

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The independence of the judiciary is a cornerstone of the rule of law and an essential safeguard for the protection of human rights. Any reform of Nepal’s justice system should strengthen, not weaken, the independence, impartiality and integrity of the courts.