Saturday Dec 3, 2022
Saturday Dec 3, 2022

Amici curiae divided on HoR dissolution


Nepalnews
2021 Feb 17, 21:45, Kathmandu
A view of the building of the Supreme Court of Nepal. Photo courtesy: Sushan Dhital

The amici curiae had divided argument on parliament dissolution case at the Supreme Court today.

Senior advocate Bijay Kant Mainali argued that Nepal's constitution has given the right to the Prime Minister to dissolve parliament. "Article 76 (7) of the constitution has mentioned well the provision on the dissolution of the House of Representatives (HoR)," he argued.

According to him, sovereignty is vested on Nepali citizens and it is exercised by political parties via citizens. He, however, said both constitution and parliamentary practices should be looked after on it.

Another senior advocate on behalf of amicus curiae Satish Krishna Kharel asserted that PM has no special right to dissolve the HoR. HoR dissolution is a political issue and constitutionally, PM has no rights on it. "Although HoR dissolution is purely a political issue, it does not mean that it is not constitutional. The court needs to accept it though it is a political issue," he added.

The hearing is taking place before the Constitution Bench of the apex court, under the leadership of Chief Justice Cholendra Shumsher JB Rana.


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