Nepal SC paves way for deliberation on second Constitution Amendment Bill

The Supreme Court of Nepal has cleared the way for Prime Minister Pushpa Kamal Dahal-led government to table the second Constitution Amendment Bill for deliberation in Parliament.

This came after a division bench of Chief Justice Sushila Karki and Justice Ishwor Prasad Khatiwada earlier on Monday declined to issue an interim order against the government's move to amend the Constitution citing the principle of separation of powers, reports the Kathmandu Post.

The top court said that it would not be judicious to prevent Parliament from using its "wisdom" in the legislation process.

Responding to two writ petitions filed separately by advocate Tikadhwaj Khadka and five others, the bench said the Parliament is solely authorised to make and amend laws.

"Fundamentally, the state organ authorised to formulate laws after holding discussion on the bills is Parliament. As per the principle of separation of powers as well as the principle, norms and provisions adopted by the constitution, Parliament reserves the right to examine and determine the appropriateness of the bill as per the constitution," read the verdict.

The petitioners had demanded the withdrawal of amendment bill without delay claiming that the government's move was against the letter and spirit of the Constitution.

The bill registered in the Parliament Secretariat seeks to revise the boundaries of some provinces.

The petitioners also argued that the government should follow the provision of Article 295 in resolving the boundary debate. The article states that the government can constitute a federal commission to settle issues of provincial boundaries.

The apex court, however, has cautioned that if the laws formulated are inconsistent with the Constitution then it could declare them unacceptable through judicial review.