Hearing on House dissolution

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No intrinsic power to PM: Petitioners

• The Rising Nepal
• 16 Feb, 2021

SHARING:

By Ranju Kafle
Kathmandu, Feb. 16: Petitioners of the writs filed against the dissolution of the House of Representatives claimed on Monday that autocrats could emerge if the court was unable to restore House. Stating that the Constitution gave no intrinsic power to the Prime Minister, they claimed the wrong steps taken by the Prime Minister needed correction.
No special power is given to the Prime Minister in the Constitution, they said.
Advocate Meghraj Pokharel began responding to the facts the defendants had presented during the hearing today. He also claimed that neither the country has adopted Westminster system nor is the Prime Minister given special power.
According to him, the arguments whether an alternative government could be formed will be decided in the parliament. “We have a different election system from the Westminster system,” he added.
The defendants had claimed that the country had adopted a prime ministerial system where the Prime Minister has some intrinsic legal rights for the dissolution of the House if he faces uneasiness.
Advocates Raman Kumar Shrestha said that the defendants were unable to clarify the basic structure of federal parliamentary system though they claimed the Prime Minister could dissolve the House in a parliamentary system. “The Constitution has no provision of the move the Prime Minister made,” he added.
Another senior advocate Mukti Pradhan also claimed that there was no special right given to the Prime Minister.
Similarly, senior advocate Shambhu Thapa said that the Articles inserted from the Office of the President for the dissolution were inappropriate. Thapa also said that the Constitution gave no special prerogatives to the Prime Minister; neither can it grant any new right nor curtail the existing provisions, he said.
Govinda Bandi said that the Constitution assumed no such rights for the Prime Minister.
Advocate Tikaram Bhattarai said that Articles like 76-I, 76-VII did not allow the Prime Minister to dissolve the parliament.
Amicus Curies will put forth their suggestions to the constitutional bench from Tuesday.