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Asia and the Pacific
Western Asia

Governance ordinance removes 1,594 public officials

On 2 May, President Ramchandra Paudel promulgated an ordinance removing 1,594 officeholders from over 100 public bodies, including universities, regulatory agencies, state-owned enterprises and other public institutions. According to media reports, the ordinance applied to politically appointed officeholders in covered public bodies appointed under previous administrations before 26 March. The measure created leadership vacancies across numerous bodies - disrupting decision-making and delaying administrative processes, public services and appointments in sectors such as education and healthcare - while replacements remained pending. The government stated that the measure was intended to depoliticize public institutions and facilitate appointments based on professional qualifications and merit.  The measure is being challenged before the Supreme Court, where legal experts have questioned the legality of removing fixed-term officeholders through a retroactive ordinance. Although the ordinance requires parliamentary approval to remain in force, the removals would likely remain valid even if it lapses. 

Sources: My Republica, The Kathmandu PostNepal News (1), Nepal News (2)

Constitutional Council ordinance alters appointment procedures

On 5 May, President Ram Chandra Paudel promulgated an ordinance amending the procedures of the Constitutional Council, a body responsible for recommending appointments to the Chief Justice and members of Nepal’s constitutional commissions, after nearly a year of delays in filling key positions. The ordinance lowered the quorum from five to four members and allows decisions to be made by a majority of those present. The government argued the changes would help fill vacancies and restore the functioning of oversight institutions. However, opposition parties and legal experts warned that reducing consensus requirements could increase executive influence over appointments to constitutional bodies. Concerns grew further following the appointment of a new Chief Justice later in May, with critics alleging established seniority norms were bypassed. The ordinance must be approved by Parliament within 60 days of the next parliamentary session, or it will lapse, although legal experts argue that actions already completed under it are unlikely to be reversed.

Sources: International Commission of JuristsThe Kathmandu Post

Primary categories and factors
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Rule of Law -1 Rule of Law  (-1)
Judicial Independence
Secondary categories and factors
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Representation Representation
Effective Parliament

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