Supreme Court clears decks for Constitution amendment
KATHMANDU: The Supreme Court on Monday cleared the decks for the government to endorse the second Constitution amendment bill as it decided that an interim order should not be issued staying the bid.
A division bench of Chief Justice Sushila Karki and Ishwor Prasad Khatiwada issued the order that the Judiciary could not bar the Legislative from using its wisdom in the formulation of a legislation, on the basis of the principle of separation of powers.
The bench was responding to two writs filed separately by advocate Tikadhwaj Khadka and five others including Bishnu Bahadur Raut.
"Objectively, the authorised state organ to formulate laws after holding discussions on bills is the Legislature-Parliament," the verdict read, "The right to make a decision in accordance to the Constitution after examining and determining the Constitution amendment bill's appropriateness is in the Legislature-Parliament."
Petitioner Khadka stated in his writ petition that as per Article 274 of the constitution, revision of provincial boundaries can happen only with the consent of the concerned provincial assembly.
The petitioner also argued that the government should follow the provision of Article 295, which states that a federal commission can be formed to settle questions of provincial boundaries.
The petitioner also said that the government did not form any such commission even 14 months after the constitution was promulgated and now it was trying to amend the constitution, which it has no power to do so under the constitution.