Kathmandu – The Supreme Court is set to announce its verdict today on the long-standing legal dispute concerning the validity of appointments made to a prominent constitutional body. After prolonged hearings, the court has finally reached the stage to deliver its decision.
The five-member constitutional bench, led by Chief Justice Prakash Man Singh Raut, has scheduled the verdict for Ashadh 18, 2082 (July 2, 2025). The bench also includes Justices Sapana Pradhan Malla, Manoj Kumar Sharma, Kumar Chudal, and Nahakul Subedi.
Previously, hearings continued until Jestha 28, 2082 (May 11, 2025), but the verdict was postponed as deliberations remained incomplete.
Background of the Appointment Controversy and Legal Challenge
The controversy stems from two amendments made through ordinances by the then Prime Minister KP Sharma Oli-led government, which recommended the appointment of 52 individuals to constitutional bodies.
In the first phase, 32 appointments were recommended on Mangsir 30, 2077 (December 15, 2020) and finalized on Magh 21, 2078 (February 4, 2021). In the second phase, 20 more names were recommended in Baisakh, 2078 (April 2021) and finalized on Ashadh 10, 2078 (June 24, 2021).
The Constitutional Council comprises six members: the Prime Minister, Speaker of the House, Chief Justice, Leader of the Opposition, Chairman of the National Assembly, and Deputy Speaker.
However, the law was amended via ordinances allowing decisions to be made by majority vote among members present. Based on this, appointments were made with only three members present during the meetings.
Senior advocates Om Prakash Aryal and Dinesh Tripathi, among others, filed separate writ petitions challenging the government’s move.
The hearings on these petitions began on Magh 30, 2081 (February 13, 2025). The court had ordered the submission of written arguments and initially planned to deliver the verdict by Jestha 28, 2082 (May 11, 2025), but the decision remained pending.
The Supreme Court’s forthcoming verdict will not only determine the validity of these constitutional appointments but will also establish the legal precedent regarding the use of ordinances for such decisions.
