Congress files case in Supreme Court demanding repeal of controversial provisions of HoR Regulations 2083

KATHMANDU:- The main opposition party, the Congress, has moved the Supreme Court demanding the annulment of two controversial provisions in the House of Representatives Regulations 2083.

The Congress approached the Court claiming that the regulations—passed by Speaker Dol Prasad Aryal on Jestha 17, (May 31, 2026) amidst fierce opposition from opposition parties—violate the spirit and essence of the Constitution. Lawmakers, including Congress Chief Whip Basana Thapa and Whip Nishkal Rai, filed a writ petition seeking the repeal of Rules 140 (11) and 259 of the regulations.

According to Nirajan Pandey, Assistant Spokesperson for the Supreme Court, the petition is still under review because the registrars were occupied with a program on Thursday. Although the opposition Congress—along with the UML and the NCP—had prepared to approach the Supreme Court to challenge the parliamentary regulations, it was the Congress alone that ultimately filed the petition.

The motion submitted by the Congress demands the repeal of the provision in Rule 140(11) of the House of Representatives Rules of Procedure, which empowers the Speaker to conduct the vote count for members of the National Assembly as well. This rule effectively subverts the constitutional requirement—stipulated in Article 274—that a bill to amend the Constitution must be passed separately by a two-thirds majority in both Houses of the Federal Parliament.

A provision has been included to ensure a two-thirds majority across both houses combined—serving the interests of the ruling RSP, which holds a two-thirds majority in the House of Representatives but has zero representation in the National Assembly. It states, “Upon receipt of the message regarding the Constitution amendment bill—which was passed by the Assembly and sent to the National Assembly—if the total votes cast in favor of the proposal amount to at least two-thirds of the total number of members then holding office in both Houses, the Speaker shall certify the Constitution amendment bill and submit it to the President for authentication.”

Nepali Congress has argued in the writ petition filed at the Supreme Court that such a provision in the regulations is contrary to Article 274 of the Constitution.