Constitution Has Not Bestowed President With Separate Powers

Constitution Has Not Bestowed President With Separate Powers

June 26, 2021, 7:43 a.m.

Senior Advocate Shreehari Aryal has argued that the Nepal Constitution has not bestowed the President with separate powers.

Taking part in the hearing of writ petitions on the dissolution of the House of Representatives (HoR) today, senior advocate Aryal demanded the President appoint Nepali Congress President Sher Bahadur Deuba as the Prime Minister of the country. He further argued that Deuba should be appointed as the prime minster to protect the Constitution as well.

In the hearing over the writ petition registered by 146 HoR members, including NC President Deuba, senior advocate Gopal Krishna Ghimire argued that the President has no authority to distinguish the party of the HoR members in case of electing the prime minister as per the Clause 76 (5) of the Constitution.

Likewise, advocate Sunil Pokharel said the Constitution has provisioned the dissolution of the HOR in compelling conditions and it should not have been dissolved in the given context of the country. The parliament is the place where the trust on the executive is tested as per the Article 76(5) of the Constitution and the President cannot use this authority, he argued.

Advocate Tikaram Bhattarai asserted that the President does not have authority to state that she would not appoint anyone to the prime ministerial berth as per the Article 75 (5). He said the President should fulfill her responsibility. The hearing has come to an end today. –

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