The Nepali Congress has called the decision regarding the Chief Justice made by the Constitutional Council meeting based on a limited number of votes an 'undemocratic and arbitrary step'.
We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
Nepali Congress has expressed serious disagreement with the decision made by the Constitutional Council on Thursday regarding the Chief Justice. In a statement, spokesperson Devraj Chalise called the decision made by the Constitutional Council meeting on the basis of limited votes an 'undemocratic and arbitrary step'. The Congress has also accused the decision made on the basis of the votes of a limited number of members, including the Prime Minister, under the guise of the recently issued Constitutional Council ordinance of attacking the core essence of the Constitution, judicial independence and the principle of separation of powers. 'This ordinance was brought for such arbitrary appointments, which has been proven today,' the statement said. The press note also recalled the Supreme Court's decision in writ number 080-WO-1175 dated 2081 Jestha 14. The Congress says that in the said decision, it was clearly explained that the decision of three members in the six-member Constitutional Council cannot be considered a majority. Despite that, the Congress has objected, saying that the decision was made ignoring the natural rights of the senior-most judge.
Although the Constitution aims to keep constitutional bodies away from the direct control of the executive through the participation of the government, opposition parties and impartial organizations, the Congress says that the current practice goes against that. 'The Constitution has not made the Prime Minister a decisive king, but has only given him the role of a responsible coordinator,' the press note says, 'but the decision made by a limited number of members has openly attacked democratic values and constitutional balance.'
The Congress has warned that such a process risks gradually bringing the independent judiciary under the influence of the executive, making constitutional bodies like the Commission for the Investigation of Abuse of Authority, the Election Commission and the Public Service Commission government-friendly, and weakening the protection of civil rights. The Congress has also drawn the government's attention to respecting constitutional dignity and democratic practices.
