Government’s big moves hit judicial wall

Nepal's newly formed Balendra Shah-led government has encountered significant resistance from the Supreme Court, with the judiciary repeatedly checking key executive decisions within the administration's first 100 days. A series of major actions, spanning from ambitious anti-corruption initiatives to media policy and public appointments, have been suspended, overturned, or subjected to intense judicial scrutiny.

The latest setback occurred when Justice Nripadhwaj Niraula issued two interim orders concerning the government's Property Inquiry Commission. These orders, the third against the commission since its formation, direct both petitioners and the government to appear for further hearings, casting uncertainty over one of the government's flagship anti-corruption measures. The commission, tasked with investigating property details of public officials, had set a June deadline for submissions before facing these judicial hurdles.

Earlier petitions had challenged the commission's jurisdiction, particularly regarding former judges and military officers. While the commission initially clarified that investigations involving Supreme Court justices and retired military personnel would be suspended, subsequent court orders have extended legal uncertainty. These rulings highlight a broader pattern where significant executive decisions face constitutional challenges shortly after implementation.

Beyond the Property Inquiry Commission, the Supreme Court has annulled the government's policy restricting state advertising to state-owned media, invalidated appointments to the Nepal Airlines Corporation board, and halted plans to remove political student organizations from universities. The court also intervened to stop the forced eviction of informal settlers without due process and issued interim protection in several politically sensitive investigations. These actions have fueled a national debate regarding the balance of power between the executive and the judiciary.