Thursday, November 17, 2011

Final verdict on CA extension on Nov 25


KATHMANDU: The Supreme Court today set the date for the final hearing on the 10th amendment to the Interim Constitution, which has given the Constituent Assembly a three-month extension that expires on November 30.

After a hearing, a five-member special bench under Chief Justice Khil Raj Regmi scheduled the final hearing on the case for November 25.

The bench is tasked with deciding whether repeated extensions of the constitution-making body’s term are in line with the doctrine of necessity based on which the apex court issued a verdict on May 25 stating that CA’s term cannot be extended by more than six months from its original two-year tenure except during a state of emergency or any other special circumstances as per the doctrine of necessity, for up to six months.

Accusing the government and the Parliament of misusing the doctrine of necessity repeatedly to give the CA extensions, Balkrishna Neupane and Bharat Jangum had moved the court seeking its intervention. The May 25 verdict states that repeated amendments to the statute to extend the CA term, are against the constitution and popular will. It says any amendment to the constitution is subject to judicial review.

Set deadline: Lawyers

KATHMANDU: Pleading on behalf of the petitioners, the Nepal Bar Association and the Supreme Court Bar Association, about a dozen advocates and amicus curiae today asked the apex court to set the deadline for constitution-writing.

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