Judicial Council gives full-shape to Constitutional Bench
April 27, 2017 08:32 PM NPT
KATHMANDU, April 27: Judicial Council designated Justices Deepak Raj Joshi and Devendra Gopal Shrestha as the member of Constitutional Bench at the Supreme Court.
Following the Judicial Council decision, the constitutional bench got full-shaped after a year time. The Constitutional Bench now comprises Chief Justice Sushila Karki, Justices Gopal Parajuli, Deepak Raj Joshi, Om Prakash Mishra and Devendra Gopal Shrestha.
Earlier on March 23, a full bench of Justices Kedar Prasad Chalise, Ishwar Prasad Khatiwada, Anil Kumar Sinha and Sapana Pradhan Malla had issued a mandamus to Chief Justice (CJ) Sushila Karki and Judicial Council to designate judges for the Constitutional Bench.
On March 6, Advocate Madhav Kumar Basnet had filed a writ petition at the SC seeking a mandamus to recommend justices at the Constitutional Bench in line with the Article 137 (1) of the Constitution.
Two posts of three justices were lying vacant in the Constitutional Bench following the retirement of former Chief Justice Kalyan Shrestha on age ground since one year. The Constitutional Bench has been defunct due to the lack of justices.
According to the Constitutional regulations, Judicial Council designates justices at the Constitutional Bench in the recommendation of Chief Justice.
The constitution has envisaged Constitutional Bench to settle disputes relating to jurisdiction between the Federation and a province, between provinces, between a province and a local level and between local levels. Likewise, the bench also settles disputes relating to election to members of the Federal Parliament or Provincial Assembly and matters relating to disqualification of a member of the Federal Parliament or of the Provincial Assembly. The bench also settles case sub judice in the Supreme Court that involves a question of serious constitutional interpretation.
Meanwhile, the Judicial Council on Thursday designated Justice Deepak Raj Joshi as the Chairman of Reconciliation Council.