Kathmandu

Amnesty, HRW, ICJ raise concerns over Supreme Court independence

By THT Online

The Supreme Court building at Singha Durbar, which is now in the final phase of construction. Photo: Ratna Shrestha/RSS

Key Takeaways:

  • Alleged political pressure on Supreme Court justices to resign or face impeachment
  • Criticism of May 2026 ordinance amending Constitutional Council Act
  • Amendments altered quorum and voting rules, raising concerns of political influence
KATHMANDU, JULY 24 Amnesty International, Human Rights Watch (HRW) and the International Commission of Jurists (ICJ) have expressed concern over recent government actions they say threaten the independence of Nepal's judiciary, urging authorities to refrain from political interference in judicial appointments and the composition of the Supreme Court. In a joint statement issued Friday, the organisations alleged that political pressure had been exerted to alter the composition of the Supreme Court through forced resignations or possible impeachment of sitting justices. They criticised the government's decision to amend the Constitutional Council Act through an executive ordinance in May 2026, arguing that such changes should have been made through parliamentary legislation in line with constitutional principles. The amendments altered quorum and voting requirements of the Constitutional Council, the body responsible for recommending appointments to key constitutional positions including the Chief Justice. The groups warned the changes could increase political influence over judicial appointments. 'The independence of the judiciary is a cornerstone of the rule of law and an essential safeguard for the protection of human rights,' said Ian Seiderman, senior legal and policy director of the ICJ. 'Any reform of Nepal's justice system should strengthen-not weaken-the independence, impartiality and integrity of the courts. ' The statement also raised concerns over the appointment of Chief Justice Dr Manoj Kumar Sharma, noting that his selection departed from the long-standing convention of appointing the senior-most serving justice. It claimed the Parliamentary Hearing Committee endorsed the appointment despite complaints filed against the nomination without substantive public review. The organisations said they had received credible reports that senior justices Sapana Pradhan Malla, Kumar Regmi and Hari Phuyal faced political pressure to resign and were threatened with impeachment without publicly stated constitutional grounds. They warned that suspending senior justices could significantly affect the Supreme Court's functioning while it hears several important constitutional cases. Calling judicial independence a cornerstone of the rule of law, the groups urged the government to ensure transparent, merit-based appointments, review the ordinance through an open parliamentary process, and strengthen judicial independence and accountability in line with Nepal's Constitution and international standards.