Three members cannot form majority in six-member Constitutional Council: Sharma

KATHMANDU: Nepali Congress (NC) Vice President Bishwa Prakash Sharma has said that a three-member majority cannot exist in the six-member Constitutional Council.

“On May 27, 2024, the Supreme Court interpreted that in the 60-member Gandaki Provincial Assembly, at least 31 members are required for a majority. In other words, a majority must constitute more than half. Therefore, in a six-member Constitutional Council, a majority cannot be just three members,” Sharma said in a social media post.

Sharma was referring to a new provision in the Constitutional Council (Works, Functions, Rights and Procedures) (First Amendment) Ordinance, 2026, that gives the Prime Minister the final say in the event of a 3-3 split vote in the Constitutional Council.

The Constitutional Council is convening on Thursday evening to recommend the next Chief Justice.

“The Supreme Court’s interpretation must be followed by all, meaning a majority must truly be a majority. Except in North Korea, this is the universally accepted democratic norm,” he said. “Are we really going to carry the stain of an act that even the Panchayat regime did not commit in 80 years of judicial history?”