Government Actions Threaten Judicial Independence in Nepal

Human Rights Watch has raised concerns over recent actions by the Nepalese government that threaten the independence of the judiciary. Reports indicate political pressure has been applied to alter the composition of the Supreme Court through the forced resignation or impeachment of sitting justices. In May 2026, the government amended the Constitutional Council Act via an executive ordinance, bypassing parliamentary legislation, which is required under Nepal’s Constitution.

Amendments to the Constitutional Council Act

The amendments altered the quorum and voting requirements of the Constitutional Council, the body responsible for recommending appointments to key constitutional offices, including the chief justice. Given that political office holders already constitute a majority of the council’s membership, these changes increase the risk of undue political influence over judicial appointments, undermining international standards on judicial independence and the rule of law.

Appointment of Chief Justice

The recent appointment of Dr. Manoj Kumar Sharma as chief justice departed from Nepal's long-standing practice of appointing the senior-most serving justice, even though three more senior judges remain in office. The Parliamentary Hearing Committee endorsed his appointment despite complaints concerning the nomination and without meaningful public examination of those complaints.

Pressure on Senior Justices

Credible reports suggest that the three more senior Supreme Court justices—Sapana Pradhan Malla, Kumar Regmi, and Hari Phuyal—have been subjected to political pressure to resign and threatened with impeachment if they refuse. There are no publicly stated allegations that would satisfy the constitutional grounds for impeachment under Nepal’s Constitution.

Implications for Judicial Independence

The use or threatened use of impeachment against judges without clear constitutional justification risks creating the appearance that constitutional procedures are being used to influence the composition of the court and, potentially, the outcome of pending litigation. Such actions undermine public confidence in the judiciary and weaken the rule of law.

Recommendations

Human Rights Watch urges the Nepalese government to:

• Respect and protect the independence and integrity of the judiciary by refraining from exerting pressure on judges to resign or from initiating impeachment proceedings without clear constitutional grounds.
• Ensure that appointments to judicial office are conducted through transparent, objective, and merit-based procedures capable of safeguarding judicial independence.
• Review the amendments to the Constitutional Council Act through an open parliamentary process to ensure the legal framework governing judicial appointments adequately protects the judiciary from political influence.
• Ensure that any future reforms affecting the judiciary strengthen judicial independence, transparency, accountability, and public confidence in the administration of justice, consistent with Nepal’s Constitution and international human rights standards.