Supreme Court halts government’s attempt to amend constitution via House rules

The Supreme Court of Nepal on Bhadra 31 (BS) issued an interim order against two provisions of the House of Representatives Rules, 2083, blocking the government’s attempt to amend the constitution without the required two-thirds majority in both houses of the federal parliament.The Constitutional Bench of the Supreme Court found that Rule 140, Sub-rule 11, and Rule 259 of the House of Representatives Rules, 2083, were prima facie inconsistent with constitutional provisions. These rules were passed by the House of Representatives, the lower house of parliament, on Jestha 17 (BS) amid protests from opposition parties.Rule 140, Sub-rule 11, stipulated that if a constitution amendment bill passed by the House of Representatives and sent to the National Assembly, the upper house of parliament, received a combined two-thirds majority of the total members of both houses, the Speaker would certify it and send it to the President for authentication. Rule 259 stated that the House of Representatives Rules would apply as a special federal law concerning the House, its committees, and members, overriding existing laws.The constitution of Nepal, 2072, requires a two-thirds majority in each house of the federal parliament for any constitutional amendment. However, the new rules sought to allow a combined two-thirds majority from both houses, which would have enabled the ruling Rastriya Swatantra Party (RSP), which holds 182 seats in the House of Representatives but lacks a strong presence in the National Assembly, to amend the constitution more easily.Four members of the National Assembly, including Kamala Devi Pant, leader of the Nepali Congress parliamentary party in the National Assembly, filed a writ petition at the Supreme Court on Ashar 25 (BS). They argued that the new rules contradicted the constitutional requirement for separate two-thirds majorities in both houses. The Supreme Court’s interim order on Bhadra 31 (BS) affirmed the need for separate two-thirds majorities, instructing the government not to implement the contested provisions.Discussions about constitutional amendments have been ongoing since the promulgation of the constitution of Nepal on Ashoj 3, 2072 (BS). The current government, led by Prime Minister Balendra Shah, had outlined its intention to form a task force to prepare a ‘debate paper’ on constitutional amendments within seven days, as part of its 100-point agenda for governance reform released on Chaitra 14, 2082 (BS).A ‘Debate Paper Preparation Task Force’ was formed on Chaitra 16, 2082 (BS), under the coordination of Asim Shah, political advisor to Prime Minister Balendra Shah. Although initially intended to include representatives from all parliamentary parties, major opposition parties, including the Nepali Congress, CPN (UML), and others, withdrew from the task force in its final stages, citing concerns about potential interference with the constitution’s fundamental structure.The task force submitted its report to the government on Ashar 32 (BS), but the government has not yet made the report public. The official decision on what specific amendments the government intends to pursue remains unknown, and the issue of constitutional amendment has since cooled down due to widespread opposition.While the Supreme Court has issued an interim order against the implementation of the contested rules, the final resolution of the dispute will come from the Constitutional Bench’s ultimate verdict. The Supreme Court has also issued a show-cause order to the respondents named in the writ petition. The provisions have not been definitively declared unconstitutional and annulled yet.