Kathmandu, January 8:

Upholding the third amendment to the Interim Constitution, the Supreme Court said that parliament had no restriction on amending the constitution as the statute lacked basic structures.

A three-member bench of Justices Ram Prasad Shrestha, Khil Raj Regmi and Bala Ram KC made the interpretation by issuing a full-text judgment.

Through the verdict, the apex court has validated the third amendment and abolition of the monarchy.

The text of the judgment reads: “The main difference between the 1990 constitution and the existing one is that the former had clearly stated basic structure as guaranteed by Article 116 while the latter does not have such a provision.”

The basic structures were barriers to an amendment to the then constitution but the interim constitution does not have a provision which would bar the parliament from amending it.

“Since the constitution was issued as per the spirit and mandate of Jana Andolan-II, there are no restrictions to amend it following the procedure required by Article 148,” the bench observed.

“In such a context, the judicial review is not possible,” the bench added.

Seeking an apex court intervention, Advocate Achyut Prasad Kharel had filed a writ petition challenging the third amendment that abolished the monarchy and declared the nation as a republican state.