Constitutional Council faces pressure as 23 appointments remain uncertain

KATHMANDU, May 25: Although the Constitutional Council has now become fully functional with the appointment of the Chief Justice (CJ), the council has remained silent regarding other pending appointments.

The Constitutional Council, chaired by the prime minister, now faces the task of making appointments to 23 vacant positions in various constitutional commissions. Due to the prolonged vacancies, several bodies have been operating under acting leadership, affecting their overall functioning and decision-making capacity.

An ordinance issued by the President on May 5, 2026, on the recommendation of the government — the Constitutional Council (Functions, Duties, Powers and Procedures) First Amendment Ordinance, 2026 — states that the presence of four members, including the council chairperson (the prime minister), will constitute a quorum, while decisions can be made by a majority of three members.

The ordinance has made it legally easier for the government led by Balendra Shah to convene meetings and take decisions. However, political concerns persist over whether future meetings will proceed smoothly, as the opposition remains dissatisfied over the appointment of the CJ.

Many expect that the upcoming appointments will end the long-standing practice of political power-sharing and backroom bargaining in constitutional bodies. There is growing public expectation that fairness, merit, and competence will finally prevail in appointments to these prestigious institutions. However, questions are also being raised about why the government has delayed establishing clear standards for merit-based selection.

Experts say the Constitutional Council’s recommendations and the parliamentary hearing process will determine whether the Balen-led government is genuinely committed to good governance, strengthening state institutions, and upholding constitutional norms.

The constitution clearly requires that recommendations for appointments to constitutional positions be made at least one month before the posts become vacant. In the past, dozens of positions remained vacant for months because Constitutional Council meetings could not be held, raising concerns about disregard for constitutional provisions. Attention is now focused on how the current government will fill these long-vacant posts.

Besides the Office of the Auditor General, there are 12 constitutional commissions, each constitutionally mandated to have five office-bearers, including a chairperson. However, according to information provided by the commissions, all except the Public Service Commission remain significantly understaffed.

At present, a total of 23 key positions remain vacant across constitutional commissions, including six commissions currently operating without chairpersons and relying on acting leadership.

The Election Commission has been without leadership since the completion of the tenure of Chief Election Commissioner Dinesh Thapaliya. Three positions, including that of the chief commissioner and two commissioners, remain vacant. The House of Representatives election held on March 5 had to be conducted even in the absence of a chief election commissioner.

The National Natural Resources and Fiscal Commission has also weakened due to the failure to appoint a chairperson and members to vacant positions. The commission, which determines the framework for revenue sharing among the federal, provincial, and local governments, currently has only one serving member.

More than a year has passed since the completion of the six-year tenure of chairperson Balananda Paudel, yet no replacement has been appointed. Among the remaining two members, acting chairperson Juddha Bahadur Gurung’s term ended last month, leaving only member Bipin Raj Niraula in office, who is currently serving as acting chairperson. Four positions — including the chairperson and three members — remain vacant in the commission.

Only two members remain in the Tharu Commission, while three positions, including the chairperson and two members, are vacant. The National Human Rights Commission currently has only three office-bearers, including the chairperson, while two member positions have remained vacant for a long time.

The National Dalit Commission currently has one chairperson and two members, with two positions vacant. The National Inclusion Commission has only three members, including an acting chairperson, while two positions — the chairperson and one member — remain vacant.

The Indigenous Nationalities Commission currently has only a chairperson and two members, with two member positions vacant. The Madheshi Commission currently has only three members, while the positions of chairperson and one member remain vacant.

Similarly, the Muslim Commission currently has three members, including an acting chairperson. Two positions — the chairperson and one member, particularly the female member position that has remained vacant since the commission’s establishment — are yet to be filled.

Although the National Women Commission appears to be in a relatively better position compared to others, it is still incomplete, with one member position vacant despite having a chairperson and three members.

Even the Commission for the Investigation of Abuse of Authority (CIAA), the country’s key anti-corruption body, has long been operating with one vacant commissioner position.

Only the Public Service Commission is currently functioning in its full form with all five office-bearers in place.

According to Article 284 of the Constitution, the Constitutional Council is chaired by the prime minister and includes the CJ, Speaker of the House of Representatives, Chairperson of the National Assembly, leader of the opposition, and deputy speaker as members.