‘Remove provision of Constitutional Court’

KATHMANDU: A three-member committee formed by the Supreme Court to recommend suggestions on the draft constitution on Sunday suggested that there should no provision for the Constitutional Court in the new constitution.

Submitting its report the SC committee stated that if Constitutional Court were established, its jurisdiction could come into conflict with that of extra ordinary jurisdiction of the Supreme Court.

The committee argued that Constitutional Court could cause conflicting interpretations of the constitution and could also lead to indefinite postponement of the cases thereby delaying justice.

The committee said a constitutional bench should be created in the SC to address constitutional issues as suggested by the Judges’ Second National Conference.

The draft constitution has stipulated that the SC would submit its annual report to the President and the Head of State would then send it to the Federal Parliament which can recommend suggestions on the report.

The SC committee opposed the draft constitution’s provision to send the report to the Parliament, saying it would be against the principle of checks and balances.

The draft constitution states that SC will have extra ordinary jurisdiction to issue writs and orders ‘to provide appropriate remedies’ but the committee suggests the draft should mention ‘to provide appropriate remedies and delivering complete justice,’ instead, as that would help provide effective justice to the petitioners.