Supreme Court Seeks Government Explanation Over Newspaper Tender Ban
The Supreme Court of Nepal has ordered the government to provide an explanation for its recent amendment to the Public Procurement Act, 2007, which prevents government agencies from publishing tender notices in newspapers and requires them to publish such notices only on their websites.
Details of the Court Order
A five-member constitutional bench led by Chief Justice Manoj Kumar Sharma issued the show-cause order on August 12, 2026. The bench comprises Justices Binod Sharma, Saranga Subedi, Abdul Aziz Musalman, and Mahesh Sharma Paudel. The court has requested the government to clarify the rationale behind the amendment and its implications for public access to information.
Background of the Amendment
The amendment to the Public Procurement Act was enacted to modernize the tendering process by leveraging digital platforms. However, this move has raised concerns about accessibility, particularly for individuals and businesses in areas with limited internet connectivity or those who rely on traditional media for information.
Implications for Transparency and Accessibility
Critics argue that the shift to online-only publication of tender notices may reduce transparency and limit the participation of smaller businesses that do not have regular internet access. Newspapers have traditionally played a crucial role in disseminating such information, ensuring a broader reach and inclusivity.
Government's Position
The government contends that the amendment aims to streamline the procurement process, reduce costs associated with print publications, and align with global trends towards digitalization. Officials assert that measures will be taken to ensure that the online publication of tenders is accessible to all stakeholders.
Next Steps
The Supreme Court has not issued an interim order blocking the amended provisions but has indicated that the issues raised in the petition should be decided during the final hearing. The government is expected to submit its explanation within the stipulated timeframe, after which the court will proceed with further deliberations.
Public and Media Reactions
The amendment and subsequent court order have sparked discussions among media houses, business communities, and the general public. While some support the move towards digitalization, others emphasize the need for a balanced approach that considers the diverse access to information across Nepal's population.
