Senior advocate Sushil Pant has argued that the President has the prerogative to appoint the prime minister in a parliamentary system. He delivered this statement during a hearing on the writ filed against the dissolution of the House of Representatives before the constitutional bench of the Supreme Court on Wednesday.
“The argument that party whip does not apply in the formation of government is not right according to Article 76 (5) of the Constitution. Is Article 56 (5) of the constitution party-less?” he argued.
Focusing on the arguments by senior advocate Shambhu Thapa on behalf of the writ petition applicant, he maintained that President dissolved the lower house as per the Constitution.
Likewise, senior advocate Surendra Bhandari supported the argument of Pant insisting that the President dissolved the HoR in line with the Constitution.
However, senior advocate Bijaya Kanta Mainali termed President’s move to dissolve the HoR and appoint the prime minister as unconstitutional. Hearing on the issue has concluded for Wednesday. Three senior advocates on behalf of the Prime Minister presented their respective arguments. Of the 23 legal practitioners who will be pleading on behalf of the Prime Minister, the defendant in the case, only three have completed their respective part.
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