House dissolution is unconstitutional, say four ex-Chief Justices

Published On: January 8, 2021 07:51 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Jan 8: Four former Chief Justices (CJs) of the Supreme Court have termed the dissolution of the House of Representatives (HoR) by Prime Minister KP Sharma Oli an ‘unconstitutional’ move.

Issuing a joint press statement on Thursday, former Chief Justices Min Bahadur Rayamajhi, Anup Raj  Sharma, Kalyan Shrestha, and Sushila Karki said that the dissolution of the 275-member lower house of the federal parliament on December 20  by Prime Minister Oli goes against the spirit of the Constitution of Nepal.

They have maintained that the abrupt dissolution of the parliament has invited an abnormal political and constitutional deadlock in the country even as there are clear constitutional provisions that envision stability of the parliament and the government. 

“Article 76 of the constitution has not given any kind of prerogative to the Prime Minister to dissolve the parliament except for the process or purpose of the formation of the Council of Ministers,” reads the statement.

The top legal eagles have expressed firm belief that the apex court should be able to address the issue within the jurisdiction of the constitution and constitutionalism as any contemporary events or special circumstances cannot alter the fundamental norms and values of constitution. 


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