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Supreme Court suspends two contested provisions of Nepal's House rules

The Supreme Court has temporarily halted two clauses of the House of Representatives Rules 2026, citing possible conflicts with constitutional amendment procedures and the status of parliamentary rules.

The Supreme Court issued an interim order stopping the enforcement of Rule 140(11) and Rule 259 of the House of Representatives Rules, 2026, after a petition claimed they violate constitutional safeguards. Chief Justice Manoj Kumar Sharma’s bench found the provisions prima facie inconsistent with Article 274, which requires each parliamentary chamber to approve constitutional amendments by a two-thirds majority, and with Article 104, which limits each chamber’s rule-making authority.

Rule 140(11) would allow a combined vote of both chambers to certify an amendment, while Rule 259 sought to give the House rules the status of a special federal law, potentially overriding existing statutes. The challenge was led by Nepali Congress National Assembly leader Kamaladevi Pant. Constitutional scholar Bipin Adhikari said the court’s move was appropriate, emphasizing that special laws must remain subordinate to the Constitution and that the rules should not enable the House to sidestep the National Assembly. The disputed rules were adopted on May 31 amid heated opposition and physical confrontations in the chamber, with the ruling Rastriya Swatantra Party holding a large House majority but no representation in the National Assembly.

Why it matters

The ruling could preserve Nepal's constitutional balance by preventing the lower house from overriding amendment procedures.

In this story

Supreme Courtparliamentary rulesconstitutional amendmentRule 140(11)Rule 259two-thirds majorityArticle 274Article 104Rastriya Swatantra Party
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