Issuing its verdict on a writ petition filed by advocate Sunil Ranjan Singh, a division bench of justices Girish Chandra Lal and Deepak Raj Joshi on Monday ordered the government to also formulate required law to form the commission.
Advocate Singh had filed a writ petition on April 8, 2011 arguing that the government did not form the commission despite the state reaching an agreement to form the commission after the 2007 Madhes uprising.
The apex court has urged the government to form Madhesi Commission in line with the Article 154 of the Interim Constitution. Article 154 states that the Government of Nepal may constitute commissions as may be required for the protection and promotion of the rights and interests of various groups including women, Dalits, indigenous peoples, Madhesi, disabled, laborers or farmers.
Madhesi Commission recommends to President Bhandari to define 1...
The apex court has stated that there would be no other opinion that the Government of Nepal should take necessary initiatives to uplift the marginalized community as the Article 4 of the Interim Constitution clearly mentions it. The Article 4 states, “Nepal is an independent, indivisible, sovereign, secular, inclusive and federal, democratic republican state.”
Likewise, the Supreme Court has said that the state should fulfill its responsibilities as Article 12 of the Interim Constitute guarantees right to freedom and Article 13 guarantees right to equality.
The apex court has mentioned on the verdict that the proviso of the Article 13 (3) of the Interim Constitution has also provided opportunity for positive discrimination of state toward marginalized communities.
The proviso states that nothing shall be deemed to prevent the making of special provisions by law for the protection, empowerment or advancement of women, Dalits, indigenous peoples (Adibasi, Janajati), Madhesi or farmers, workers, economically, socially or culturally backward classes or children, the aged and the disabled or those who are physically or mentally incapacitated.
