KATHMANDU, Jan 18: Lawyers have recited the statement made by chairman of the Constituent Assembly, Subhash Chandra Nembang, that “the Prime Minister does not have the right to dissolve parliament as per the constitution” during the ongoing hearing on the writ petitions registered at the Supreme Court against the dissolution of the House of Representatives by PM KP Oli.
During the hearing at the Constitutional Bench on Monday, advocate Dinmani Pokharel read out the excerpt of Nembang’s statement which the latter had made in an interview given to a journal published by the Parliament Secretariat.
Nembang had stated that the Constitution of Nepal has not given any prerogative to the prime minister to dissolve parliament.
Advocate Pokharel, during the hearing, argued that the statement made by Nembang as the Chairman of CA is sufficient to clarify the spirit of the constitution.
He also claimed that it is irrelevant to discuss past provisions and precedents as the present constitution, promulgated by the 601-member CA in 2015, has quite different provisions regarding House dissolution.
Speaking at a program recently, Nembang, however, made a contradictory statement. He said that the statement made a year ago was in a different context. The context of House dissolution is different this time, according to Nembang.
Hearing at the five-member Constitutional Bench headed by Chief Justice Cholendra Shumsher JBR is being conducted at the Supreme Court on as many as 13 writ petitions seeking the restoration of the 275-member HoR which was dissolved by President Bidya Devi Bhandari at the recommendation of Prime Minister KP Sharma Oli.