The division bench of the chief justice and Justice Jagadish Sharma Paudel ordered the court administration to forward the writ petition filed by Ganesh Raj Rai and 27 others, to the Constitutional Bench. The writ petition claims that the existing Nepal Police Act and regulations thereunder are at variance with the Constitution of Nepal
Earlier, the apex court had asked for an amicus curiae after the first hearing of the writ petition. After hearing out the amicus curiae, the division bench ordered that the writ petition be forwarded to the Constitutional Bench. The newly promulgated constitution has designated the Constitutional Bench for hearing and deciding any petition to the Supreme Court seeking to have any law or any part thereof declared void on the ground of inconsistency with the constitution.
The Nepal Constitution 2015 provisions a Constitutional Bench headed by the chief justice and including four other justices. The Judicial Council last Tuesday recommended seniormost justices Girish Chandra Lal, Sushila Karki, Baidyanath Upadhyaya and Gopal Parajuli for appointment as members of the bench.
Article 137 (1) of the new constitution envisages a constitutional bench at the Supreme Court comprising the chief justice and four other justices appointed by the chief justice on the recommendation of the Judicial Council.
As per the constitutional provision, the bench shall hear and decide any petition to the Supreme Court to have any law or any part thereof declared void on the ground of inconsistency with the constitution, or any law formulated by a Provincial Assembly that is deemed inconsistent with law formulated by the Federal Parliament or any law formulated by a Municipal Assembly or Village Assembly deemed inconsistent with law formulated by the Federal Parliament or the Provincial Assembly concerned.
In addition, the bench shall hear and decide cases related to disputes over jurisdiction between the Federation and Provinces, among Provinces, between a Province and a local level of government and among local level governments. Likewise, cases related to disputes concerning the election of members of the Federal Parliament or Provincial Assembly and ineligibility of members of the Federal Parliament or Provincial Assembly fall under the jurisdiction of the bench. As per the constitution, the chief justice may allocate any case under consideration at the Supreme Court containing questions of serious constitutional issue to the bench.
The constitution has allowed powers to the Supreme Court to determine the arrangements related to procedures at the bench.
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