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Writ petition challenges Finance Minister Swarnim Wagle over alleged unconstitutional amendments to economic laws

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KATHMANDU: A writ petition has been filed at Nepal’s Supreme Court accusing Finance Minister Dr. Swarnim Wagle of unconstitutionally amending economic laws by bypassing Parliament’s legislative authority.

The petition, filed on Friday by advocates Dr. Prem Raj Silwal and Bhesh Raj Luintel, alleges that the finance minister violated constitutional procedures during the drafting and amendment of economic legislation. The petitioners have described the alleged actions as “economic misconduct” and activities contrary to the national interest, urging the court to order an investigation and legal action against those responsible.

The petition challenges provisions contained in the Economic Laws Act, 2083 (2026/27), claiming amendments were introduced without adequate parliamentary deliberation or approval, thereby undermining the constitutional role of the Federal Parliament.

According to the petition, the disputed provisions were altered in a manner that directly benefited certain business interest groups. The petitioners further allege that the amendments created undue financial advantages for brokers, middlemen and smuggling networks at the expense of state revenue, the national economy and the public interest.

The specific legal provisions being challenged and the alleged beneficiaries are expected to become clear once the full text of the petition is made public.

The filing of the writ does not establish wrongdoing. The allegations remain claims made by the petitioners and will be subject to constitutional and legal scrutiny by the Supreme Court. Neither Finance Minister Wagle nor the Ministry of Finance has publicly responded to the allegations.

The case has been assigned to the Constitutional Bench because it raises questions about the constitutional limits of executive authority, Parliament’s exclusive legislative powers and the legal process for enacting and amending economic legislation.

Under Nepal’s Constitution, matters relating to taxation, tax exemptions, revenue mobilization and the management of the state treasury must be governed by law enacted through Parliament. Any legal provisions affecting state revenue or creating financial obligations are subject to constitutional legislative procedures.

During the preliminary hearing, the Supreme Court may issue a show-cause order, seek a written response from the government, decide whether to grant an interim order or determine whether the petition warrants further constitutional review.

The court has scheduled the initial hearing after three weeks, when the Constitutional Bench will first decide whether the petition raises constitutional questions requiring judicial examination and whether any immediate interim relief is necessary.

Beyond the allegations against the finance minister, the case is expected to test the constitutional boundaries between the executive and the legislature and could establish an important precedent on how Nepal’s economic laws may be enacted or amended.