New rules tilt balance towards lower house in constitutional amendments

Nepal's House of Representatives has adopted new procedural rules that significantly alter the process for constitutional amendments, granting the Speaker greater authority. The "House of Representatives Rules, 2026" declare themselves a special federal law, superseding existing legislation where necessary.

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Upon receipt of a message regarding a constitution amendment bill passed by the House of Representatives and forwarded to the National Assembly, if the total votes cast in favour of the motion amount to at least a two-thirds majority of the total existing membership of both Houses combined at that time, the Speaker shall certify the constitution amendment bill and forward it to the President for authentication.

The most contentious change lies in Rule 140(11), which pertains to constitutional amendments. Previously, such amendments required a two-thirds majority in both the 275-member House of Representatives and the 59-member National Assembly. This meant securing at least 184 votes in the House and 40 in the Assembly. The new rule, however, allows the Speaker to certify a bill if the combined votes from both houses reach a two-thirds majority of the total membership (223 out of 334 members). This can occur even if the National Assembly has not independently met the two-thirds threshold.

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A constitution amendment bill must be passed by a two-thirds majority in separate sittings of both houses. A two-thirds majority in just one house is insufficient. If the National Assembly does not pass it by a two-thirds majority, it cannot be amended by coming downstairs and combining the numbers to claim a two-thirds majority. A constitution amendment bill is not like amending an ordinary law.

This shift has drawn sharp criticism from opposition lawmakers and constitutional experts. Senior advocate Chandra Kanta Gyawali stated that the provision violates fundamental constitutional principles. He argued that a two-thirds majority in one house cannot compensate for a lack of it in the other, emphasizing that constitutional amendments are distinct from ordinary legislation and require separate approval from each chamber in bicameral systems. Gyawali asserted that this practice is a universal constitutional norm, essential to the core values of Nepal's constitution.

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Even in non-parliamentary systems of governance, there are two houses. Wherever there are two houses, bills are passed by a two-thirds majority in each house; this is a universal constitutional principle. It is also the core value and norm of the Constitution.