Kathmandu, September 8:
The Supreme Court today ruled that it would examine the second amendment to the Interim Constitution that adopted a provision for parliamentary hearing on appointment of Supreme Court judges.
A single bench of Justice Min Bahadur Rayamajhi issued the ruling.
Saying that it was a serious issue, he said the Chief Justice should lead the special bench to test the issue.
The bench also issued show cause notices to the Office of the Prime Minister and the
Cabinet, Ministry of Law, Justice and Constituent Assembly Affairs and the Legislature-Parliament on why the provision was adopted.
The bench has given 15 days to the authorities to furnish their replies.
During todayâ€™s hearing advocates Purna Man Shakya, Surya Dhungel and Gunanidhi Neupane pleaded as amicus curiae. The apex court had called amicus curiae from the Nepal Bar Association, the Supreme Court Bar Association and Nepal Law Campus on April 22 to assist it in deciding a case filed against the provision adopted by the interim constitution.
On behalf of the petitioner, advocates Chandra Kanta Gyawali, Bal Krishna Neupane and Raj Kumar Thapa pleaded against the provision and asked the Supreme Court to scrap it.
They claimed that the provision was not needed, as there already was a provision for
impeachment of judges for wrongdoing.
Article 151 (1) of the Interim Constitution makes parliamentary hearing compulsory on appointment of Chief Justice and Supreme Court justices, as in the case of appointment of chiefs and members of other constitutional bodies.
Challenging the provision, advocate Subodh Man Napit had filed the writ petition in the Supreme Court a few months ago, stating that the provision was an attack on the independence of the judiciary.