Incident Reports

SC issues mandamus to constitute madhesi commission


Bagmati, Kathmandu, Kathmandu, Ward 29

The Supreme Court has issued a mandamus in the name of the government to  Madhesi Commission. A joint bench of Justices Girish Chandra Lal and Dipak Raj Joshi on March 9 asked the government to form Madhesi Commission as per Article 154 of the Interim Constitution. According to advocate Sunil Ranjhan Singh, who filed the petition, the apex court ruled that it is necessary to form Madhesi Commission in order to implement Article 4 of the Interim Constitution as Article 21 ensured inclusiveness and Article 13 ensured equality. Jha said that the mandamus ordered the government to make necessary laws for the empowerment of the Madhesi community and to lead the state towards the right to equality taking Article 153 of the Interim Constitution into consideration. Singh expressed the belief that the SC verdict would help to reduce discrimination against the Madhesi community and provide them equal opportunity. Advocate Singh had filed the writ at the apex court on April 8, 2011, stating that Madhesi Commission was not formed through the Dalit Commission and the National Foundation for Development of Indigenous Nationalities were formed according to article 154. Office of the Prime Minister and Council of Ministers, Ministry of Law and Justice, and Legislature-Parliament were made defendants in the writ. Advocate Govind Sharma Bandi, Dipendra Jha, Surendra Mahato, and petitioner Singh had pleaded on behalf of the petitioner.