Thursday, October 04, 2007

Public Interest Litigation (PIL) filed
A Public Interest Litigation (PIL) was filed at the Supreme Court seeking its order to the government to set up a High Level Commission to determine inclusive state and a separate State Restructuring Commission as guaranteed by the Interim Constitution of Nepal, 2007.A group of four lawyers including advocate Chandra Kanta Gyawali filed the public interest litigation.Prime Minister Girija Prasad Koirala, the Prime Minister’s Office and Cabinet have been made the defendants in the petition.The petitioners have demanded the apex court order to the government to set up the State Restructuring Commission as per Article 138 (2) of the Interim Constitution of Nepal 2007 which has a provision of setting up such a commission to conduct a study on restructuring of the state and the federal system in the country.The petitioners claimed that a separate High Level Commission should be formed to decide what kind of inclusive state be adopted in the country as required by Article 138 (1) of the Constitution.“Unless an intensive study is carried out by such commissions, it will be difficult to decide what kind of state restructuring and federal system should be adopted,” the petitioners claimed.“Since the constitution has stated that the country is going to adopt a progressive restructure, a study should be conducted to suggest the type of structure,” the PIL stated.

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