SC hearing petition against constitution amendment bill

Published On: January 1, 2017 01:51 PM NPT By: Republica | @RepublicaNepal

KATHMANDU, Jan 1: The Supreme Court (SC) on Sunday is hearing a petition filed against the constitution amendment bill.

If the apex court issues an interim order on the case, the amendment will be automatically put on hold. If it refuses to issue a stay order, it will clear path for the government to take forward the amendment bill.

Earlier on December 8, the court had asked the government to furnish a written statement over the constitution amendment bill that proposes changes in provincial delineation.

Responding to separate writ petitions filed by advocate Tikadhwaj Khadka and a group of former lawmakers, the apex court had asked both parties to the petitions to appear at the court to discuss whether an interim order is necessary or not.

The petitioners have claimed that the bill introduced to alter the provincial delineation must be sent to the provincial assembly for its consent and argued that the bill registered in parliament should not be moved forward in the absence of the provincial assembly.

The petitioners have claimed that the bill registered in parliament would violate the provision of Article 274 (4).

The SC had issued similar show cause notice also in a writ petition registered by advocate Khadka prior to the registration of the amendment bill.

According to Article 274 (4), when an amendment bill related with the alteration in the borders of any state or its jurisdictions is registered, the speaker must send that bill to the state assembly for its consent, within thirty days after its introduction in the Federal Parliament.

Showing the constitutional provision, the petitioners have demanded the court to issue an interim order to stop the amendment bill. However, the ruling coalition has been claiming that the transitional provisions allow the present parliament to act as a Federal Parliament and the amendment bill would not violate any constitutional provision.

The government on November 29 had registered the constitutional amendment bill, including the alteration in provincial boundaries, separating hill districts from Province 5.

The constitution amendment bill tabled to address the demands of Madhes-based parties has ignited protests in the districts concerned and various other districts.