Five-member Constitutional Bench formed

Kathmandu, December 8

A meeting of Judicial Council held today formed a five-member Constitutional Bench led by Chief Justice Kalyan Shrestha, as per new constitution’s provision.

Other members of the bench include senior-most justices Girish Chandra Lal, Sushila Karki, Baidhyanath Upadhaya and Gopal Parajuli, according to JC member and Minister for Law, Justice and Parliamentary Affairs Agni Prasad Kharel.

The bench is mandated to resolve the dispute over the jurisdiction between the centre and provinces, among provinces and among civic bodies, according to Article 137 of the new constitution.

It is also mandated to resolve the dispute concerning the election of federal Parliament and provincial assemblies and the question of ineligibility of a member of federal Parliament or provincial assemblies, according to the article.

The bench can also look into the cases of inappropriate restrictions imposed in enjoying fundamental rights and laws that contradict the constitution, according to Article 133 (1).

The JC meeting also decided to inform the Nepal Bar Association and the government about two JC members  Ram Prasad Shrestha and Ram Prasad Sitaula appointed as per previous Interim Constitution, according to Kharel.

Council took the decision, as there is no provision in the new constitution to retain the two members appointed as per the previous constitution, according to him.

JC will soon sit again to decide whether to make the appointment of 28 temporary judges of appellate courts whose term will expire on Friday, Kharel said.