Kathmandu, November 1
Fourteen lawmakers from the Rastriya Swatantra Party (RSP) with legal backgrounds have recommended that the party initiate the impeachment process against justices facing questions over their conduct, arguing that a parliamentary impeachment recommendation committee is the constitutionally appropriate mechanism for investigating the matter.
The lawmakers held discussions at Singha Durbar on Friday and subsequently advised the party leadership to form the parliamentary committee and proceed through the impeachment process.
“Our collective view among lawmakers with legal backgrounds is that an impeachment recommendation committee should be formed. The matter needs to be studied and investigated. Under the principle of separation of powers, it is Parliament that must examine the conduct of Supreme Court justices,” an RSP lawmaker told Onlinekhabar.
The lawmakers concluded that setting up a different investigative mechanism would have a weak constitutional and legal basis.
“Even if Parliament calls it a high-level investigation committee, it would lack legal validity. The constitution recognises an impeachment recommendation committee,” the lawmaker said. “The constitution gives that committee the authority to collect evidence and make a decision. If it finds no grounds for impeachment, it can say so. If it finds grounds, the impeachment process can move forward.”
The discussions come amid questions over alleged communications and financial transactions involving Inam Sapkota, senior judicial officials and senior police officers. Details of conversations and transactions involving the chief justice, other justices and senior police officials have reportedly emerged from Sapkota’s mobile phone and other electronic devices.
Reports have also surfaced that Sapkota held a joint meeting with seven justices.
The issue has prompted discussions within the ruling RSP about whether justices facing questions should be subjected to impeachment proceedings and what legal route should be followed.
On Friday, RSP lawmaker Madhukumar Chaulagain said at a public event in the capital that the party’s 14 lawmakers with legal backgrounds were discussing whether to pursue impeachment and how to proceed.
“Among the lawmakers elected from the RSP, there are at least 14 of us with legal backgrounds. We have been sitting together and discussing the matter,” he said.
Another lawmaker who participated in the discussions told Onlinekhabar that they had advised the party leadership to proceed through the impeachment recommendation committee.
The party’s secretariat meeting on Saturday also appeared to endorse the recommendation, according to one of the lawmakers involved in the discussions.
The meeting directed the parliamentary party to initiate a process to address the concerns raised about the judiciary. RSP spokesperson Jagadish Kharel said the party had concluded that the process should move forward through Parliament.
“If we are to restructure the entire judiciary, the constitutional route is through Parliament. The process should be taken forward through Parliament,” Kharel said.
What does the Constitution say?
Article 101(2) of the Constitution of Nepal provides for impeachment proceedings against the chief justice and other Supreme Court justices, members of the Judicial Council, and heads or office-holders of constitutional bodies.
It identifies four grounds for impeachment: serious violations of the Constitution or law; incompetence or misconduct; failure to perform official duties honestly; and serious violations of the code of conduct.
Under the provision, one-fourth of the total number of members of the House of Representatives can table an impeachment motion against the officials covered by the article. The motion must then be passed by at least a two-thirds majority of the total number of sitting members of the House for the individual concerned to be removed from office.
The Constitution also provides for an impeachment recommendation committee in the House of Representatives, with the House’s regulations setting out its role and procedures.
However, the committee has not yet been formed in the House of Representatives elected on March 5.
The RSP lawmakers with legal backgrounds have therefore recommended that the party leadership move first to establish the committee, allowing the allegations against the justices to be examined through the constitutional process.
