Nepal’s President Bidya Devi Bhandari has told the Supreme Court that the House of Representatives has been dissolved according to the constitutional provisions and in this case the court cannot reverse its decision nor can it do judicial review.
President Vidya Devi Bhandari met Prime Minister K. On May 22, the House of Representatives was dissolved for the second time in five months on the recommendation of P. Sharma Oli. Along with this, announced to hold mid-term elections on 12 and 19 November. Prime Minister Oli is leading a minority government after losing a trust vote in the House of Representatives.
According to the news of ‘Kathmandu Post’, the President, Prime Minister and Speaker of the House of Representatives, the lower house of Parliament, Agni Sapkota, have presented their respective explanations in writing in the apex court regarding the government’s May 21 decision. On June 9, the Constitutional Bench of the court had asked him to give a written explanation.
In this, where the President and the Prime Minister have defended their decisions, the Speaker of the House of Representatives has called it an unconstitutional step.
On behalf of the President’s Office ‘Sheetal Niwas’, it has been said that judicial review of the President’s decision cannot be done. In the clarification made available to the court by the Attorney General’s office, the President has said, “Any action of the President under Article 76 of the Constitution cannot become a matter of petition and it cannot also become a matter of judicial review.” ”
Bhandari referred to Article 16 of the ‘Remuneration and Benefits to the President and Vice President Act 2017’, which says that no action of the President can be challenged in court. The President said, “Therefore, the court cannot take any action on any decision taken by the President on the basis of the Constitution without the recommendation of anyone.”
At the same time, Oli said that government formation is a political process and the court cannot take a decision in this regard. 30 writ petitions have been filed including the opposition coalition’s petition against the dissolution of the House of Representatives. The petitions said that the dissolution of the House of Representatives is “unconstitutional”.
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