The apex court said that it was not necessary for it to issue any order as the existing Interim Constitution envisions the nomination of 26 CA members from among those who have contributed to the country from various sectors, with a view to ensuring the representation of the marginalized communities in the legislature.
A bench of Justices Girish Chandra Lal, Gopal Parajuli and Deepakraj Joshi nullified the SC’s previous decision on the ground that it was the government’s political right to pick the 26 members.
“This is purely within the jurisdiction of the council of ministers and there is no need for the judiciary to enter into a matter that is political,” reads the verdict issued by the apex court full bench on Thursday.
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Earlier, while issuing an order on a petition filed by CA member Bishwendra Paswan, the SC had said that certain criteria should be met while picking the members.
A joint bench of Chief Justice Ram Kumar Prasad Shah and Justice Kalyan Shrestha had ordered the government to nominate members not aligned to any political party and from among eminent personalities who have played a significant role in the service of the country.
It had also barred the government from nominating anyone who has lost an election under the first-past-the-post system or anyone who has already been listed as a candidate under the proportional representation quota of any political party.
But the government later registered a review petition against that decision, furnishing various arguments why the apex court decision should be nullified.
