Congress Registers Seven-Point Dissent on Constitutional Council Meeting

Kathmandu.  The main opposition party Nepali Congress has registered a seven-point dissent (disagreement) in the Constitutional Council meeting. Nepali Congress Parliamentary Party leader Bhishma Raj Angdembe presented a written disagreement in the meeting regarding the recommendation of Dr. Manoj Kumar Sharma as the Chief Justice of the Supreme Court.  

In Thursday's meeting, he presented the disagreement and accused the government of trying to increase the interference of the executive in the judiciary. Similarly, the disagreement letter mentions that the current government has influenced the council's decision-making process through ordinances, contrary to the spirit of the constitution and democratic values.

Congress's contention is that even if only three members, including the chairman, are present in the six-member Constitutional Council, a decision can be made, and the ordinance brought to consider 50 percent as majority is legally incorrect.

Angdembe argued that the government has also violated the precedent set by the Supreme Court's interpretation on Jestha 14, 2081, which stated that the presence of 3 members in a six-member council cannot be considered a majority.  

Congress has also objected to the bypassing of the established tradition and seniority for the appointment of the Chief Justice. The disagreement letter states that bypassing the judicial tradition of appointing the seniormost judge as Chief Justice, which has been in place for the past 80 years, without any basis or reason, is an arbitrary step.

In the context of Article 129 (6) of the constitution providing for the seniormost judge to automatically assume the responsibility of the acting Chief Justice, Congress believes that bypassing the same procedure and appointing a person of their choice attacks the existence of an independent judiciary.

Angdembe stated that constitutional bodies should act as the 'watchdog' of the government, but the government is trying to bring those bodies under its control. He also warned that if constitutional appointments are made according to the government's interests, the state bodies will not be able to function independently, and the judiciary will become a shadow of the executive.  

Stating that decisions made based on ordinances cannot be constitutional, Congress has expressed its clear disagreement with the appointment process and decision.

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