#HoR dissolution case

Court cannot question Prez’s constitutional decision: Deputy Attorney General Regmi

Published On: June 30, 2021 03:51 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, June 30: Deputy Attorney General Sanjeev Raj Regmi has said the court cannot question the decisions taken by the president constitutionally in regard with the appointment of Prime Minister.

During a hearing on the House of Representatives (HoR) dissolution case, Regmi argued that the president had the constitutional right to appoint the Prime Minister.

"Article 76 (5) of the constitution is about the prerogative of the President and the decision made by the President with prudence being based on the same article can’t be examined in the court,’’ he claimed. 

According to him, the constitution has granted the right to assess whether a person to be appointed to the post of Prime Ministerial has adequate grounds for winning a confidence vote while making the appointment to the president and Article 76 has not imagined that the president should consult anyone for the same. “The constitution itself grants the president the right to give a vote of confidence or not while appointing a prime minister and the president took the decision exercising the same right.”

After the government attorneys are done with their pleading, Prime Minister KP Sharma Oli's lawyers will start their pleading. Twenty three lawyers will be pleading on behalf of PM Oli and they have been allocated a total of seven hours for the same.

Thirty writ petitions were filed against the dissolution of the HoR at the apex court.


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