Conclusion of four former Chief Justices: Dissolution of Parliament is unconstitutional

Kathmandu: Four former chief justices have called the dissolution of the House of Representatives by Prime Minister KP Sharma Oli is unconstitutional.

Min Bahadur Rayamajhi, Anupraj Sharma, Kalyan Shrestha and Sushila Karki have issued a joint statement saying that the parliament has been dissolved using the notion of not being attracted.

The statement said that Article 76 of the constitution does not give the right to dissolve the parliament in connection with the formation of the Council of Ministers or in any other case except for that purpose.

Referring to the Prime Minister’s argument that some leaders of his own party had decided to go to the people for a fresh mandate as they were not allowed to work, the former chief justices said in a joint statement. Can’t

He also refuted the argument that dissolving parliament was the prerogative of the prime minister. “Except as clearly given by the constitution, the right to dissolve the House of Representatives is inherent in us, to create or assert rights,” said the four former chief justices.

Stating that any current event or situation cannot change the basic values ​​of the constitution, he expressed the firm belief that the constitution and the constitution should be able to address the issue.

He warned that giving legitimacy to the dissolution of the parliament could create a situation of constitutional disorientation. The statement said, “If the unconstitutional constitution is recognized while implementing the constitution, there is a fear that any structure or provision of the constitution may be misused and a dimension of constitutional directionlessness may be created.”

Four former chief justices have said that dissolving the parliament by ignoring the provisions of the constitution for the stability of the House of Representatives and the government is an unusual political and constitutional impasse.

Pointing to the court, he said, “We urge all concerned to work for democracy, the rule of law and development so that such acts never happen again and to improve the current stalemate.”