Apart from this, distributing the constitution to every household is bound to be a very difficult job
KATHMANDU, SEPTEMBER 12
Eight years after promulgation of the Constitution, the apex Court, recently through a mandamus directed the government to disseminate the constitution's copies to each household across Nepal. Did the SC think how prohibitive the cost for this would be apart from the difficulties involved? Back in 2015, within two weeks after promulgation of the constitution, Advocate Bikas Bhattarai filed a petition in the Supreme Court stating that the 'constitution formulated by citizens be made freely available.' On Sunday, the Supreme Court's joint bench of Justices Sushmalata Mathema and Hari Phuyal issued a mandamus in the name of the government during the final hearing on the writ petition.
The petitioner had made the Office of the Prime Minister and the Council of Ministers, the Ministry of Finance, the Ministry of Law, Justice and Parliamentary Affairs and the Committee on Law and Order opponents.
"A mandamus was thus issued to deliver a singlecopy of the constitution to each and every household," said justice Phuyal, while announcing the verdict on the writ.
The price of the constitution was set at Rs 130 in the petition and it was also demanded that such a decision be invalidated through certiorari.
However, the mandamus has directed that the constitution be distributed for free. It has not annulled the cost of the constitution.
The full text of the judgement is yet to come.
Meanwhile, the debate over price and its distribution in the difficult Nepali terrain has gotten space in the public sphere.
The writ petition was filed after the government fixed a price of NRs130, so that citizens could buy the constitution, made by the people's representatives elected by the people in the Constituent Assembly.
"Setting a price to buy the constitution of Nepal made by the elected people's representatives and for the people is an insult to people's rights," reads the writ.
"The price set by the relevant government authority to sell the constitution to Nepali citizens must be cancelled by issuing an order to distribute it free of charge to every household where citizens reside," demanded the writ petition.
"The SC decision has remained on the constitution's price but has ordered the distribution of the constitution to be done freely," advocate Bikash Bhattarai told THT.
Bhattarai also said the decision to set a price for the constitution had encroached Article 27, Right to Information of people of Nepal. Since it has been framed by the people, they should be able to study all the provisions in the constitution for free.
More than 26 billion NRS was spent on the two Constituent Assemblies to formulate the constitution, according to the expenditure statement published by the government.
About 91,000 people had given opinions on drafting of the bill to the making of the constitution, and that ought to be respected.
These were the arguments during the hearing.
"Commodification of the promulgated constitution and sale to the sovereign people while spending all the money prior to the promulgation of the constitution is an insult to democracy," the writ petition said. According to the latest census, there are altogether 56,43,945 households in Nepal. The printing of the constitution of Nepal as per the SC verdict is going to cost almost NRs 70.3 million. This will double if the management and shipping door to door costs are added.
"If the expenses are covered by the government, the Law Book Management Committee will take necessary steps to arrange the necessary works for the free distribution of the constitution," the committee stated through clarification to the SC.
However, government attorneys had argued that since it is available online on various websites, we need not bother about distributing it physically.
"It is an extremely welcome decision of the Supreme Court. However, the ministry has not gone through the decision thoroughly.
Hence, we are waiting for the full text verdict, " said a source from the Ministry of Law, Justice and Parliamentary Affairs.
"As soon as it is published, we will go through the legal process for its implementation and distribution at the doorsteps of each Nepali citizen."
A version of this article appears in the print on September 13, 2023, of The Himalayan Times.
