“The constitutional court will not only weaken democracy in the long run but also impinge on the independence of the judiciary,” CJ Shrestha told at the meeting with subcommittee members early Wednesday.[break]
CJ was of the view that setting up a separate constitutional bench within the Apex Court would be more appropriate, feasible and economic in the context of Nepal.
CJ was backed by other SC justices including Khil Raj Regmi, Bal Ram KC, Top Bahadur Magar, Damodar Prasad Sharma, Ram Kumar Prasad Shah and Kalyan Shrestha.
SC justices cited various examples claming that the practice of constitutional court has been a failure the world over. They argued that a separate constitutional court would encroach on the jurisdiction of SC.
Justices were of the view that the constitutional court would invite crisis of coordination among courts. “The dispute of jurisdiction between the Supreme Court and Constitutional Court is almost obvious if the issue is analyzed subtly,” CJ told in the meeting.
Justices suggested to the representatives of various political parties attending the meeting to not include the provision of a constitutional court in the new constitution.
Talking to journalists after the meeting, SC justice Kalyan Shrestha said they suggested to the sub-committee members to set up separate constitutional bench within the apex court instead.
In response, Coordinator of the sub-committee Pushpa Kamal Dahal said that the door has not been closed for dialogues. “We can discuss the matter later. The door is still open and we may consult you in future," Dahal told justices at the meeting.
Related story
Constitutional Bench: Justices in internal discussion
