KATHMANDU: A case has been filed at the Supreme Court against the Office of the Prime Minister and Council of Ministers (PMO), alleging a violation of the constitution's principle of inclusiveness by the absence of any minister from the Dalit community in the current government led by Prime Minister Pushpa Kamal Dahal.
Plaintiff Tika Bahadur Diyali, the former coordinator of the United Political Dalit Struggle Committee, initiated the legal action against the PMO. Diyali had previously submitted a memorandum at the Prime Minister's Residence, Baluwatar, and the President’s Office, Sheetal Niwas, demanding Dalit representation in the Cabinet. However, upon the lack of implementation, he proceeded to file the case against the Prime Minister's Office on May 3, following a letter addressed to Prime Minister Pushpa Kamal Dahal on April 12.
Initially, Diyali faced rejection from the Supreme Court Registrar Hari Raj Karki on May 3, citing his lack of entitlement to file the case. However, Diyali argued his involvement as the coordinator of the United Political Dalit Struggle Committee post the People’s Movement and his contribution to the constitution-making process, justifying his right to file the case. Subsequently, on May 13, the Supreme Court convened a bench, and after arguments presented by various advocates, the case was ordered to be registered by Justice Hari Prasad Phuyal.
The current government's cabinet, consisting of 23 members, lacks Dalit representation, prompting Diyali's legal action. Despite provisions in the constitution ensuring Dalit rights and inclusion, Diyali contends that the absence of Dalit representation in the cabinet is unconstitutional and violates the principles of inclusiveness. He emphasized that his application represents the concerns of the entire Dalit community regarding their representation in the Cabinet, underscoring the importance of constitutional provisions being upheld to ensure inclusive governance.
