Constitutional experts term House dissolution unconstitutional

President Bhandari

NL Today

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Kathmandu: Constitutional experts have termed the dissolution of the House of Representatives by President Bidhya Devi Bhandari for the second time on the recommendation of the government unconstitutional.

They have argued that President Bhandari rejected claims of the parties for leading a majority government without an objective ground and paved the way for House dissolution.

Former Supreme Court Justice Balaram KC remarked that the dissolution was not only unconstitutional but also aimed at ending the significance of the Constitution. KC said that a writ should be filed at the apex court seeking an interim order and President should be impeached after the reinstatement of the House.

Another advocate Tikaram Bhattarai said that the House dissolution was wrong. “There was an option for formation of an alternative government. The President decided without any objective basis,” Bhattarai said, adding that the dissolution was against Article 76 (7) of the Constitution.

Bhattarai argued that a minority government can’t dissolve House.

“Prime Minister reduced to minority doesn’t have rights to dissolve House,” Bhattarai argued, “The Supreme Court in the 2051 BS case on dissolution by Manmohan Adhikari had stated that the minority government can’t dissolve Parliament.”

Advocate Sunil Kumar Pokharel said that the House has been dissolved again unconstitutionally. Pokharel said that the President could have assigned the premiership to any side after verification even by summoning lawmakers.

“The country is currently reeling under Covid-19 crisis and people are dying without treatment. How can the nation go for polls in such a case? So, the President should have appealed all parties to form a consensus government,” said Pokharel.

Advocate Raju Prasad Chapagain said that the Constitution was violated with the ‘collusion’ of the President and the Prime Minister. He stated that there are no indications that elections would be held timely, adding that the decision will push the country into further political turmoil.