The Nepal Bar Association and the Supreme Court Bar Association have nominated amicus curiae for hearing on a writ petition filed against the long-term power trade agreement signed between Nepal and India.

The Nepal Bar Association has nominated senior advocate Kedar Karki while advocate Semanta Dahal will represent the Supreme Court Bar Association.

A bench of Supreme Court Justice Nahakul Subedi on Friday had invited amicus curiae to represent each side on the day of discussion stating that the issue brings up constitutional and legal questions.

An amicus curiae is a group of experts comprising lawyers and experts on the constitution called by the Supreme Court whenever it considers that the issue it is looking into is a serious one and the view of experts would be helpful.

The court also ordered the government to answer within 15 days why the court should not issue an interim order against the agreement’s implementation as demanded by the petitioner.

Former government secretary Surya Nath Upadhyay had filed a writ petition at the Supreme Court arguing that the bilateral agreement was against Nepal’s interest as it would enable India to make unjustified use of Nepal’s water resources.

He sought an order from the court for the government to implement the agreement only after its parliamentary endorsement, arguing that as the matter involves the distribution of water, a natural resource, it calls for parliamentary approval as per Article 279 (2) of the constitution.

The Article states that if a treaty or agreement is related to natural resources and the distribution of their uses, it must be endorsed by two-thirds of the total number of the then members of both Houses of the Federal Parliament.

The petitioner Upadhay argues that the long-term power trade agreement signed between Nepal and India invokes the Article as it was related to the distribution of natural resources [water] of Nepal.