KATHMANDU, JULY 9

The Office of the President has said in its written reply to the Supreme Court that the president acted on the recommendation of the Council of Ministers when she reshuffled the Cabinet. The apex court asked the Office of the President to respond to a charge levelled in the writ petition filed by Advocate Birendra Prasad Shah that the president's action was wrong.

The petitioner has argued that the June 21 reshuffling of the Cabinet was wrong, as there was no precedent in any parliamentary democracy where a caretaker government had reshuffled the Cabinet after dissolving the HoR.

The Office of the President said the president reshuffled the Cabinet as per the recommendation of the government and that her action was in consonance with Article 66 (2) of the constitution.

The Article 66 (2) states that other than the functions specifically provided to be performed on the recommendation of any body or official under the constitution or federal law, the president shall perform all other functions on the recommendation of the Council of Ministers.

The Office of the President also claimed immunity for the president under Section 16 of the act related to Condition of Remuneration and Facilities of the President and Vice-president for the duties discharged by her in her official capacity. The Office of the President said as per Section 16 of the said act, the president had immunity from court cases during service and even after retirement for the duties discharged in capacity of the president. A version of this article appears in the print on July 10, 2021, of The Himalayan Times.