SC allows constitution amendment motion to advance
Kathmandu, Jan 2: The Supreme Court (SC) in its landmark decision has issued order reasoning no need to stay the constitution amendment motion registered at the Legislature-Parliament.
A divisional bench of Chief Justice Sushila Karki and Justice Iswor Prasad Khatiwada issued the order ruling out the need of interim order to put on hold the constitution amendment bill registered at the parliament.
“The Legislature-Parliament is the official place to discuss on any bills and formulate laws of the country. Hence, the parliament has the authority to take decision in line with the constitution by examining and determining the appropriateness of the constitution amendment”, the order states.
It is not appropriate to issue court ruling to stay the process underway in the parliament in a way to prevent the legislative body from move ahead with its deliberations, reads the order.
The apex court order however noted if the law making happens to be contravening to the constitution it would not get recognition and at the moment the situation would emerge for the law to be disapproved through judicial review.
Advocate Tikadwaj Khadka had on November 30 and five persons including former MP Bishnu Bahadur Raut had on December 1 filed a writ at the apex court arguing that the legislature-parliament did not hold the right to amend the constitution and change the borders of the proposed provinces.
The order to not issue the interim order was given today following a hearing on the writ. This order has paved the way for the parliament to move ahead with the amendment proposal.
The court had issued a show cause notice on December 8, calling both the sides for deliberations and hearing on whether an interim order was required. RSS