Supreme Court seeks government explanation over newspaper tender ban

The Supreme Court of Nepal is demanding an explanation from the government regarding its recent amendment to the Public Procurement Act. This change prohibits government agencies from publishing tender notices in newspapers, restricting them to online platforms only.

A five-member constitutional bench, led by Chief Justice Manoj Kumar Sharma, issued a show-cause order, requiring the government to justify the amendment. The court, however, decided against an interim order to block the new provisions, stating that the core issues will be addressed in a final hearing.

The legal challenge was initiated by advocates Ananta Raj Luitel and Ram Prasad Pudasaini. They contend that the amendment infringes upon Article 19 of Nepal's constitution, which guarantees freedom of communication and publication. Their petition highlights concerns that this restriction could undermine Nepal's democratic system and the media's function as the "fourth estate."

This dispute follows a previous Supreme Court ruling that struck down the government's policy of centralizing all government advertising through a single channel. Despite that decision, the government appears to be continuing its efforts to limit newspaper advertising via the amended Public Procurement Act, which petitioners argue threatens the financial stability of media outlets.

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such a proposal has not been discussed, negotiated, considered, and will not be on the agenda in the future.