Third amendment to Interim Constitution
Kathmandu, February 10:
Challenging the third amendment to the Interim Constitution of Nepal, 2007, which declared the nation a republic, a Public Interest Litigation (PIL) was filed at the Supreme Court today.
Advocate Achyut Prasad Kharel filed the petition questioning the third amendment that prohibits royalist parties from launching programmes in favour of continuation of constitutional monarchy in the country.
“The Seven-Party Alliance violated the rights of the sovereign people and declared the country a republic without taking the mandate of the people,” the petitioner added. Stating that the amendment contradicts Article 141 (2) of the Constitution, he urged the apex court to scrap the amendment to Article 159 of the Constitution.
Prime Minister Girija Prasad Koirala, interim parliament and the cabinet have been made defendants in the petition.
The petitioner claimed that the SPA government had created hindrances to prevent political parties from launching campaigns in favour of constitutional monarchy, multi-party democracy and human rights, which is in violation of Article 141(2).
“Any law, arrangement or decision, which allows participation or involvement of only a single political party or persons having a single political ideology, philosophy or programme in the elections, political system of the country or conduct of state affairs shall be considered inconsistent with this Constitution and shall ipso facto be void,” Article 141(2) states.
Stating that the constitution allows every political party to launch programmes as per their political ideology, the petitioner urged the apex court to intervene on the issue.