KATHMANDU, April 27, 2026
In a landmark decision, the Supreme Court of Nepal has struck down the procedural provision that allowed former high-ranking officials to receive state funding for medical treatment overseas. A Constitutional Bench, led by Acting Chief Justice Sapana Pradhan Malla and including Justices Kumar Regmi, Dr. Manoj Kumar Sharma, Saranga Subedi, and Abdul Aziz Musalman, ruled to annul Section 12(1) of the 'Citizen Relief, Compensation, and Financial Assistance (Second Amendment) Procedure, 2073.'
Previously, former Presidents, Vice-Presidents, Prime Ministers, Ministers, and various other constitutional officeholders could claim reimbursement for medical expenses abroad based on Cabinet decisions. Although the Public Health Act, 2075, had prohibited such funding, the aforementioned procedural rules were being utilized to bypass the law. Advocate Radhika Chamlagain and others had filed a writ petition, arguing that these provisions violated the principles of equality enshrined in the Constitution and contradicted the Public Health Act.
While the Court has invalidated the procedural provision for former officials, it has allowed the existing provisions under the 'President and Vice President's Remuneration and Facilities Act, 2074' to remain, resulting in a partially issued writ. Consequently, former high-ranking state officials will no longer be eligible to claim medical expenses for treatment abroad from the state treasury. This verdict is being hailed as a significant step toward fiscal discipline and ensuring that public funds are not misused for the personal medical expenses of former leaders.