KATHMANDU — The Constitutional Bench of the Supreme Court of Nepal has issued an interim order staying the implementation of controversial provisions within the House of Representatives Regulations, 2083, which sought to alter the constitutional amendment process.
A five-member bench led by Chief Justice Dr. Manoj Kumar Sharma and comprising Justices Kumar Regmi, Dr. Nahakul Subedi, Binod Sharma, and Sharanga Subedi issued the order following a writ petition filed by Kamala Devi Panta, leader of the Nepali Congress National Assembly Parliamentary Party, against the Federal Parliament Secretariat and other respondents.
The court observed prima facie that Rule 140(11) and Rule 259 of the House of Representatives Regulations, 2083, passed on Jestha 17, 2083, contradict Articles 1, 104(1), 274, and 83 of the Constitution of Nepal. The bench noted that under the established bicameral parliamentary system, a constitutional amendment requires a separate two-thirds majority in both houses of parliament rather than procedures that override bicameral principles or supersede subject-specific laws.
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During the arguments, senior advocates and advocates representing the petitioner argued that allowing the challenged provisions to take effect would cause irreparable damage to the constitutional framework, adding that the balance of convenience rests with the petitioner.
The apex court has instructed the respondents to submit a written explanation within seven days through the Office of the Attorney General. It further ordered that the case be scheduled with priority for hearing within fifteen days following the receipt of written responses or the expiry of the deadline.
