<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161132/636d19aa9c7e80680e0ac831jpeg.jpg" alt="" width="640" height="699"/><figcaption>Illustration: Bhanu Bhattarai/Nepali Times Archive</figcaption></figure>Even though Nepal’s executive, legislative and bureaucratic arms suffer from over-politicisation, the judiciary and military have been relatively less affected. The current crisis in the Supreme Court has politicised the justice system and also dragged it into dysfunction.The Supreme Court has not held scheduled hearings, and courts across the country have been shut for three days after justices of the Supreme Court and the Nepal Bar Association called for boycotts demanding the resignation of Chief Justice Cholendra SJB Rana.Rana has more than a year left in his tenure, but has been embroiled in controversy after he allegedly lobbied for ministerial posts for a relative and crony in the <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/">coalition Cabinet of Prime Minister Sher Bahadur Deuba</a>.It was the Supreme Court’s verdict overturning the dissolution of the Lower House by previous prime minister K P Oli that <a href="https://www.nepalitimes.com/here-now/nepal-court-orders-deuba-to-succeed-oli/" target="_blank" rel="noopener noreferrer">put Deuba in office</a> on 14 July, heading a five-party coalition. Deuba himself is also implicated in the scandal after he agreed to make Rana’s brother-in-law Gajendra Hamal a minister earlier this month. Hamal resigned three days later.Even though party leaders have in the past two decades often bent Nepal’s Supreme Court to suit their interests, by pressuring the prime minister to <a href="https://www.nepalitimes.com/latest/100-days/" target="_blank" rel="noopener noreferrer">accept his own relative as minister</a>, Rana is seen to have crossed the red line and violated the doctrine of the separation of powers.Rana summoned other justices and lawyers on Tuesday and said that under no circumstances was he going to step down, and that he would rather face an impeachment motion in the House.However, there has been an intriguing silence from the <a href="https://www.nepalitimes.com/latest/who-wants-early-elections-and-why/" target="_blank" rel="noopener noreferrer">top leadership</a> of the main parties about the fate of Chief Justice Rana. They seem to wish the problem will just go away, or Rana voluntarily resigns, so they do not have to take a stand.They do not want to annoy Rana because of the need to bargain over their own pending cases in the Supreme Court, but there is now intense pressure from the legal fraternity and the public to impeach him.Prime Minister Deuba of the Nepali Congress (NC) has not spoken in favour of impeachment, but is under pressure to do so from a rival faction within his own party. And even though it was Rana’s Supreme Court verdict that removed him from power in July, the UML’s K P Oli is against impeachment — saying that if Rana were to step down, five other justices who ruled against him should also resign.Others like Madhav Kumar Nepal of the United Socialists and Baburam Bhattarai of the Janata Samajbadi Party have cases pending in the Supreme Court in a real estate scam, and the Maoist Centre (MC) parliament speaker Agni Sapkota also has a war crime case against him.However, some have argued that the real issue here is separation of powers and stopping <a href="https://archive.nepalitimes.com/article/editorial/fusion-of-powers,3760" target="_blank" rel="noopener noreferrer">political interference in the judiciary</a>, and the Supreme Court having to step in to resolve political deadlocks in the executive and legislative branches.By taking their disputes to the Supreme Court as arbiter of last resort, Nepal’s leaders have handed over crucial political decisions to the Chief Justice and his benches. So much so that the apex court has been deciding who forms a government and who doesn’t — an issue that should be resolved by party strength in Parliament.The only way to remove Rana would be if he is forced to resign, or if 25% of the House move an impeachment motion against him, although it will take a two-thirds majority to actually indict him.<a href="https://www.nepalitimes.com/banner/non-government-of-nepal/">Non-government of Nepal</a>, Sonia AwaleWith so much politics, corruption and vested interested tied up with the political appointment of justices, there are some who question whether just removing Chief Justice Rana will solve the problem, because the rot goes much deeper.Even if Rana is forced to resign or is impeached, he will be replaced by Dipak Kumar Karki. Those who would benefit from Karki’s elevation to Chief Justice can be seen to be pulling strings from behind the scenes, and suspicions have fallen on the Maoist Centre’s Pushpa Kamal Dahal who is said to be close to Karki. Dahal appears to be trying to do with Karki what he tried to do to with appointing Kul Bahadur Khadka as army chief in 2009.The irony is that the same NC, MC, and dissident UML members that praised Chief Justice Rana for <a href="https://www.nepalitimes.com/here-now/supreme-court-puts-nepal-politics-back-on-track/" target="_blank" rel="noopener noreferrer">saving democracy twice this year</a> by his constitutional bench verdicts to restore the dissolved House, are now labelling Rana a villain. Oli’s UML criticised the Supreme Court heavily for that.The Maoists also vehemently opposed a Supreme Court decision in February to nullify the unity of the UML and Maoists to form the NCP, that Oli had welcomed.What all this shows is that politicians and their parties are wont to praise to high heavens justices when there is a decision in their favour, but berate the Supreme Court when it goes against their interest. That is what appears to be happening again: some parties want Rana to remain, while others want him to go.The only difference this time is that the anti-Rana forces in the judiciary, Bar and the government feel he went too far by allegedly lobbying for relatives and cronies to be included in the Cabinet. Even if he did talk the prime minister into agreeing to make his brother-in-law a minister, Deuba should have rejected it outright as interference.Instead, Deuba and Dahal both clarified that Hamal had been made minister from the NC quota and did not say anything about pressure from the chief justice. Why were Deuba and his coalition partners so eager to make Hamal a minister?  Was it because they wanted to keep Chief Just Rana in the good books to extract their pounds of flesh in future verdicts in cases involving them?Cholendra SJB Rana is Nepal’s 29th chief justice, but not the first to be embroiled in controversy. Even Sushila Karki, known for her firebrand independence, <a href="http://archive.nepalitimes.com/blogs/thebrief/2017/05/01/lady-justice/" target="_blank" rel="noopener noreferrer">faced an impeachment motion </a>by a NC-Maoist coalition government in 2017 because she did not agree to pass verdicts that favoured them on the appointment of a police chief.In fact it was Rana who trashed  that impeachment motion against Karki, saying it went against the spirit of the Constitution to file a the motion against the chief justice on such partisan grounds.There is a lot of politics tied up with whether Rana remains chief justice or is forced to step down. On 1 November, the Supreme Court is due to hear a case against Madhav Kumar Nepal and Baburam Bhattarai on the Baluwatar real estate scandal. Some see the magnified criticism of Rana as a way to put pressure on him to rule in their favour.It is clear that Rana’s departure will not be enough to herald a golden age of justice in Nepal. The same forces in the executive and judiciary that were <a href="https://www.nepalitimes.com/opinion/quid-pro-quo/" target="_blank" rel="noopener noreferrer">scratching each others’ backs</a> will still be up to their old tricks. Rana is not coming out of this smelling like roses, but neither are many of the other justices who want him to resign, nor the politicians who benefited from their appointments.It is now important that the political parties and justices who are at the root of this crisis vow not to violate the constitutionally-enshrined <a href="https://www.nepalitimes.com/latest/nepal-govt-fills-cabinet-after-3-months/" target="_blank" rel="noopener noreferrer">separation of powers</a>. This should not be about using Chief Justice Rana as a bargaining chip, but an opportunity to conduct far-reaching reforms within the judiciary.The boycott by lawyers and judges on Thursday affected hearings across the country and delayed justice being served. Urgent cases like those of habeas corpus have been left in limbo.Says ex-justice Prakash Wasti: “The ball is in the court of the Nepal’s politicians, whether to make the courts a place where justice is served, or where they serve themselves.”Read also:<a href="https://www.nepalitimes.com/latest/political-expediency-trumps-nepal-constitution/">Political expediency trumps Nepal Constitution,</a> Santa Gaha Magar

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What is happening to Nepal’s Supreme Court?

<img width="1618" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109191120/636bf0184b0ad905ca02efeejpeg.jpg" alt=""/>How Chief Justice Cholendra Rana decides on Wednesday to deal with the 13 writ petitions against Prime Minister K P Oli’s <a href="https://www.nepalitimes.com/latest/i-had-no-other-option-pm-oli/" target="_blank" rel="noopener noreferrer">dissolution of the Lower House</a> will determine the next direction in Nepal’s fluid political crisis.Rana can decide to hear the cases under a single bench presided over by himself, or order that the petitions be tried in a ‘constitutional bench’. Either way, the ball is in the Supreme Court and more specifically with Chief Justice Rana. If the bench rules that PM Oli’s dissolution of the Lower House was unconstitutional, it will pave the way for its reinstatement where there is a vote of no confidence pending against the prime minister. But if it decides that the Supreme Court should stay out of the current dispute because it is a political matter, then it will set a judicial precedent for the coming years.“What the court rules will be historic one way or other, and it will have a lasting impact on Nepal’s political system,” says retired Supreme Court Justice Girish Chandra Lal. “It is also an opportunity for the Supreme Court to establish its independence and prestige, or it can take the wrong decision and derail democracy.” There are indications that Chief Justice Rana sees eye-to-eye with Prime Minister Oli. Rana was present at the <a href="https://www.nepalitimes.com/latest/over-the-edge-again/" target="_blank" rel="noopener noreferrer">Constitutional Council meeting last week</a> after Oli got President Bidya Devi Bhandari to sign off on an <a href="https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/" target="_blank" rel="noopener noreferrer">ordinance</a> to change the law on its quorum. That meeting made 45 appointments to various constitutional bodies.Rana recently had a run-in with Pushpa Kamal Dahal after a written statement presented at the NCP Secretariat meeting on 12 December by Dahal, accused Oli of have secretly met with Rana at his official residence to plan a dissolution of the Lower House and to declare a state of emergency.Faced with a possible contempt of court case, Dahal later backed down and got the Secretariat to issue a statement saying that the allegation about the Oli-Rana meeting to plan to dissolve the house was ‘based on outside reports’, and he did not want to cast aspersions on the Supreme Court.  <figure><img width="1734" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109191120/636bf01b4b0ad905ca02efefjpeg.jpg" alt=""><figcaption>Chief Justice Cholendra SJB Rana (left), Prime Minister Oli (centre) and Upper House Chair Ganesh Timilsina (right) at a meeting of the Constitutional Council on 15 December, after the ordinance that allows a smaller quorum. Photo: PMO</figcaption></figure>Whether or not Oli and Rana met in Baluwatar, there is a widespread perception that there is an unnatural closeness between the two, says another former Justice, Gauri Bahadur Karki: “The court should not be influenced by politics.”  On the other hand, the Supreme Court and Chief Justice Rana, in particular, could also be swayed by the strong condemnation in Nepal’s public sphere against Prime Minister Oli’s dissolution of the Lower House. Which is why what the Supreme Court decides in the coming days is so crucial. This is not the first time that a House dissolution writ is being heard in Nepal’s Supreme Court. In 1995 then Chief Justice Bishwanath Upadhyay had ruled that Prime Minister Manmohan Adhikari’s dissolution of the House was unconstitutional even though the Constitution at the time had given the prime minister the automatic right to do so. The 2015 Constitution is much more categorical in not giving the head of the government that right.  In 1994, Prime Minister Girija Prasad Koirala had also dissolved the House after a rival faction of the Nepali Congress voted against his government, leading to early elections in which the UML came to power. PM Oli’s move on 20 December to dissolve the House and call snap polls in April-May next year has been followed by tit-for-tat dismissals of functionaries by the two factions of the ruling Nepal Communist Party (NCP). Nepal is now ruled under a <a href="https://www.nepalitimes.com/latest/ncp-headed-for-messy-divorce/" target="_blank" rel="noopener noreferrer">one-party two Central Committees system.</a> On Tuesday, PM Oli as ‘first Chair’ called a meeting of the Party Central Committee and swore in 447 new members into the party, appointed Foreign Minister Pradeep Gyawali as party spokesperson in place of Narayan Kaji Shrestha, but kept arch-rival Pushpa Kamal Dahal in the party. Later in the day, the rival faction held its own Central Committee meeting in which it decided to take disciplinary action against Oli and relieved him from party chairmanship, replacing him with former prime minister and Dahal loyalist, Madhav Kumar Nepal. It also decided to re-instate former Speaker Krishna Bahadur Mahara, who resigned in disgrace last year after allegations of raping a colleague.  The political feud in the NCP in the federal legislature is also trickling down to the provincial governments, where four chief ministers regarded as being close to Prime Minister Oli are facing challenges in the assemblies from the Dahal-Nepal lawmakers. The Election Commission will now have to decide which faction can use the NCP label and election symbol, based on which side has a majority in the party working committee. Prime Minister Oli also met the Election commissioners on Tuesday, where they are reported to have proposed a single phase poll to save money in May 2021.

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Nepal’s 1-Party-2-Central Committees system

<img width="1618" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181152/636be9299c7e80680e0878a5jpeg.jpg" alt=""/>How Chief Justice Cholendra Rana decides on Wednesday to deal with the 13 writ petitions against Prime Minister K P Oli’s <a href="https://www.nepalitimes.com/latest/i-had-no-other-option-pm-oli/" target="_blank" rel="noopener noreferrer">dissolution of the Lower House</a> will determine the next direction in Nepal’s fluid political crisis.Rana can decide to hear the cases under a single bench presided over by himself, or order that the petitions be tried in a ‘constitutional bench’. Either way, the ball is in the Supreme Court and more specifically with Chief Justice Rana. If the bench rules that PM Oli’s dissolution of the Lower House was unconstitutional, it will pave the way for its reinstatement where there is a vote of no confidence pending against the prime minister. But if it decides that the Supreme Court should stay out of the current dispute because it is a political matter, then it will set a judicial precedent for the coming years.“What the court rules will be historic one way or other, and it will have a lasting impact on Nepal’s political system,” says retired Supreme Court Justice Girish Chandra Lal. “It is also an opportunity for the Supreme Court to establish its independence and prestige, or it can take the wrong decision and derail democracy.” There are indications that Chief Justice Rana sees eye-to-eye with Prime Minister Oli. Rana was present at the <a href="https://www.nepalitimes.com/latest/over-the-edge-again/" target="_blank" rel="noopener noreferrer">Constitutional Council meeting last week</a> after Oli got President Bidya Devi Bhandari to sign off on an <a href="https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/" target="_blank" rel="noopener noreferrer">ordinance</a> to change the law on its quorum. That meeting made 45 appointments to various constitutional bodies.Rana recently had a run-in with Pushpa Kamal Dahal after a written statement presented at the NCP Secretariat meeting on 12 December by Dahal, accused Oli of have secretly met with Rana at his official residence to plan a dissolution of the Lower House and to declare a state of emergency.Faced with a possible contempt of court case, Dahal later backed down and got the Secretariat to issue a statement saying that the allegation about the Oli-Rana meeting to plan to dissolve the house was ‘based on outside reports’, and he did not want to cast aspersions on the Supreme Court.  <figure><img width="1734" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181152/636be92c9c7e80680e0878a6jpeg.jpg" alt=""><figcaption>Chief Justice Cholendra SJB Rana (left), Prime Minister Oli (centre) and Upper House Chair Ganesh Timilsina (right) at a meeting of the Constitutional Council on 15 December, after the ordinance that allows a smaller quorum. Photo: PMO</figcaption></figure>Whether or not Oli and Rana met in Baluwatar, there is a widespread perception that there is an unnatural closeness between the two, says another former Justice, Gauri Bahadur Karki: “The court should not be influenced by politics.”  On the other hand, the Supreme Court and Chief Justice Rana, in particular, could also be swayed by the strong condemnation in Nepal’s public sphere against Prime Minister Oli’s dissolution of the Lower House. Which is why what the Supreme Court decides in the coming days is so crucial. This is not the first time that a House dissolution writ is being heard in Nepal’s Supreme Court. In 1995 then Chief Justice Bishwanath Upadhyay had ruled that Prime Minister Manmohan Adhikari’s dissolution of the House was unconstitutional even though the Constitution at the time had given the prime minister the automatic right to do so. The 2015 Constitution is much more categorical in not giving the head of the government that right.  In 1994, Prime Minister Girija Prasad Koirala had also dissolved the House after a rival faction of the Nepali Congress voted against his government, leading to early elections in which the UML came to power. PM Oli’s move on 20 December to dissolve the House and call snap polls in April-May next year has been followed by tit-for-tat dismissals of functionaries by the two factions of the ruling Nepal Communist Party (NCP). Nepal is now ruled under a <a href="https://www.nepalitimes.com/latest/ncp-headed-for-messy-divorce/" target="_blank" rel="noopener noreferrer">one-party two Central Committees system.</a> On Tuesday, PM Oli as ‘first Chair’ called a meeting of the Party Central Committee and swore in 447 new members into the party, appointed Foreign Minister Pradeep Gyawali as party spokesperson in place of Narayan Kaji Shrestha, but kept arch-rival Pushpa Kamal Dahal in the party. Later in the day, the rival faction held its own Central Committee meeting in which it decided to take disciplinary action against Oli and relieved him from party chairmanship, replacing him with former prime minister and Dahal loyalist, Madhav Kumar Nepal. It also decided to re-instate former Speaker Krishna Bahadur Mahara, who resigned in disgrace last year after allegations of raping a colleague.  The political feud in the NCP in the federal legislature is also trickling down to the provincial governments, where four chief ministers regarded as being close to Prime Minister Oli are facing challenges in the assemblies from the Dahal-Nepal lawmakers. The Election Commission will now have to decide which faction can use the NCP label and election symbol, based on which side has a majority in the party working committee. Prime Minister Oli also met the Election commissioners on Tuesday, where they are reported to have proposed a single phase poll to save money in May 2021.

<figure><img width="1400" height="1129" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110811110/636a29249c7e80680e0458acjpeg.jpg" alt=""/><figcaption>Diwakar Chettri</figcaption></figure>While a debate about equal citizenship rights for women raged in Parliament this week, single women who survived the earthquake are quietly and bravely struggling against deep-rooted patriarchy to rebuild homes and carrying on with their lives.On International Women’s Day, this illustration by Diwakar Chhetri shows where Nepali women are today: their responsibilities have increased and so have their capacities and achievements. But they continue to face impediments from all sides, most glaringly from the state.Read also:<a href="https://www.nepalitimes.com/here-now/staying-alive/" target="_blank" rel="noopener">Staying alive</a>, Sewa Bhattarai<a style="background-color: #ffffff; outline: 0px; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/nepals-better-halves/" target="_blank" rel="noopener">Nepal's better halves</a>, Anil ChitrakarSince the mid-1990s female literacy in Nepal has doubled, and this has brought far-reaching changes that have ultimately empowered women. Employment and property ownership rates, and maternal and neonatal health have dramatically improved – all because women were more aware about health and rights.There has also been progress in politics, the economy, and sports. Not so long ago, the Chief Justice, Speaker of the Parliament and President of Nepal were all women and at the same time. We have also had one of the most inclusive parliaments in history in terms of gender. Most municipalities in Nepal have proactive female deputy mayors.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/a-house-for-the-nepali-family/" target="_blank" rel="noopener">The house for the Nepali family</a>, Sewa Bhattarai<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/making-gods-for-a-living/" target="_blank" rel="noopener">Making gods for a living</a>, Sonia Awale<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/surviving-the-aftermath/" target="_blank" rel="noopener">Surviving the aftermath</a>, Sonam Choeyki Lama<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/staying-positive/" target="_blank" rel="noopener">Staying positive</a>, Sewa Bhattarai Nepal’s National Women Cricket team returned home this week after clinching second position in the World Cup Asia Region Qualifier in Thailand. Not long ago, our women’s blind cricket team won the First International Women’s Blind Cricket Series in Pakistan. Nepal’s women football team was second runner-up at the Gold Cup in India last month.The outflow of men for overseas work has had many consequences, and the most notable is the feminisation of rural Nepal. With the men away, women have taken charge both in their homes and communities. They have decision making power in the management of schools and health posts, in community forestry and irrigation. It won’t be too far-fetched to say that much of the credit for ground-level development, despite the absence of local government for 20 years, goes to women. And now that we have local governments it is women who are standing up to corrupt male counterparts in some municipalities.Read also: <a href="https://www.nepalitimes.com/here-now/saving-kathmandus-past-for-the-future/" target="_blank" rel="noopener">Saving Kathmandu's past for future</a>, Sonia AwaleTo be sure, not everything is rosy. Juggling their dual roles of breadwinner and primary care givers in homes and raising children has increased their burden. This inequitable distribution of work is more prominent in urban areas where women have both careers and homes to make. Men and society in general have been slow to accept these changes, and see the economic benefits of shared responsibility at home and office.Read also: <a href="https://www.nepalitimes.com/here-now/learning-about-teaching/" target="_blank" rel="noopener">Learning about teaching</a>, Prakriti KandelAmong survivors of the 2015 earthquake, women were more affected. There are an estimated 2,000 earthquake widows and 50,000 single women whose houses collapsed in the disaster. In lack of reliable support, reconstruction and survival has been more difficult for them as reported in this issue. But despite these shortcomings, women are going boldly forth where men have gone before in rebuilding lives and homes.We have produced some of the finest females doctors, pilots, engineers, artists, teachers and historians in the past few decades. But despite the fact that for the first time FNCCI is headed by a woman, and 80% of Nepal’s labour force is female (one of the highest proportions in the world) women continue to be restricted to ‘informal sectors’. Though there are higher numbers of women in politics today than ever before, there are still very few in leadership positions. Despite women heading all three organs of the government, the legislative, judiciary and executive at one point, there are still too few actual decision-makers to exert enough influence. This has led to situations like the current citizenship debate, where a male MP this week said providing citizenship to the children of rape victims will encourage rape.Clearly, higher literacy has not led to behaviour change among males in our conservative culture that sees women as an inferior gender. Given opportunity, women have proved themselves time and again and prevailed despite roadblocks and limitations. All they need now is a little help from institutions like the state and family to remove the obstacles that impede progress.

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What is happening to Nepal’s Supreme Court?

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