National
Top court upholds Oli’s four-year-old constitutional appointments
While passing the verdict, the five-member Constitutional Bench was divided, with three justices endorsing the appointments and the remaining two registering their differing opinions.
Post Report
The Supreme Court on Wednesday midnight quashed the petition filed against the appointments of 52 office bearers in various constitutional bodies four years ago.
While passing the verdict, the five-member Constitutional Bench was divided, with three justices endorsing the appointments and the remaining two registering their differing opinions.
In the five-member bench, justices Sapana Pradhan Malla, Manoj Kumar Sharma and Kumar Chudal stood in favour of endorsing the appointments while Chief Justice Prakash Man Singh Raut and Nahakul Subedi opposed.
The Constitutional Council recommended 52 individuals for appointment to various constitutional bodies on December 15, 2020, and May 9, 2021, when current Prime Minister and CPN-UML chair KP Sharma Oli occupied the same top executive post.
Then, President Bidya Devi Bhandari appointed the chair and four commissioners based on the recommendations without parliamentary hearing. The House of Representatives was then dissolved by the Oli-led government, only to be reinstated by the Supreme Court later.
After a controversial amendment to the Constitutional Council (Functions, Duties, and Procedures) Act, the council had recommended them through an ordinance on December 15, 2020.
The recommendations were made by three—the prime minister, the National Assembly chairperson and the chief justice—of the six council members. Although there is a constitutional provision for mandatory parliamentary hearings, Bhandari appointed the commissioners based on the House regulation that a nominee is considered eligible for the nominated position if the parliamentary hearing committee fails to take a decision within 45 days.
Among the 15 petitions some have challenged the amendment to the Act through an ordinance by the Oli government and while others have demanded termination of the appointments or both. Not just the advocates but then-Speaker Agni Sapkota too moved the top court against the recommendations and subsequent appointments.
After preliminary hearing, the court sent all the petitions to the constitutional bench.