Government argues removal of private-media tender ads does not limit press freedom

In a series of written replies to a constitutional petition, the government maintained that removing the legal requirement for agencies to place tender notices in private newspapers does not curtail freedom of expression or press liberty. The petition, lodged on May 26 by lawyers Ananta Raj Luitel and Ram Prasad Pudasaini, argues that the amendment to Sections 14, 30 and 40 of the 2007 Public Procurement Act breaches constitutional guarantees.

The government, represented by the Office of the Prime Minister and Council of Ministers, the Ministry of Law, Justice and Parliamentary Affairs, and the Ministry of Information and Communication, contended that tender advertising is separate from protected speech and that using only government-owned media prevents duplicate publications. It also said the changes simplify procurement and preserve transparency, and that Parliament acted within its constitutional authority.

The amendment, approved by the House of Representatives and National Assembly and signed by President Ramchandra Paudel on July 9, now allows notices to appear solely on government platforms. The Supreme Court’s Constitutional Bench issued a show-cause order on August 12, giving the government seven days to respond.