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State of emergency an option before govt

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KATHMANDU, May 28: The government is seriously mulling over an option to recommend to President Dr Ram Baran Yadav to declare a state of emergency so that the CA can extend its term for another six months through a majority vote, according to a highly placed source.



The government may recommend to the president to declare a state of emergency Saturday if the parties failed to reach an agreement.[break]

 

Article 143(1) of the Interim Constitution says the president shall impose a state of emergency upon recommendation of the Council of Ministers. According to the Interim Constitution, Council of Ministers can recommend imposition of emergency only when a grave crisis arises in regard to sovereignty or territorial integrity of the country whether by war, external invasion, armed rebellion or extreme economic situation.



According to Article 143(2) the government shall table the state of emergency proclamation for endorsement by parliament within a month of its imposition. And Article 143 (3) says a two-thirds vote in parliament is needed to endorse the emergency.



Once the emergency is declared the CA can extend its tenure by a majority vote. Article 64 of the Interim Constituion says: “Provided that if the making of constituion cannot be completed by the reason of the proclamation of the state of emergency in the country, the Constituent Assembly may, by a resolution to that effect,extend its term for an additional period not exceeding six months.”  



Prime minister’s press advisor Surya Thapa, however, refuted that the government was preparing to impose emergency. “We haven’t even thought of emergecny option and prime minister doesn’t think that emergency is a solution to the current stalemate.”



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