House can amend statute at will, says Nembang
Kathmandu, March 10:
Speaker Subas Nembang today told the Supreme Court that the parliament enjoys the exclusive authority to amend the Interim Constitution and promulgate Acts. “No one has the right to challenge the authority of the parliament to amend the constitution and promulgate Acts,” Nembang said.
Submitting a written explanation on a show cause notice issued by the apex court regarding the third amendment to the Interim Constitution of Nepal, 2007, Nembang said that such a power is vested to the people. “The Interim Constitution does not limit the authority of the parliament to amend the constitution,” he claimed.
Nembang added that the interim constitution is not a full-fledged constitution.
“The interim constitution has a duty to pave the way for the formation of the Constituent Assembly (CA),” Nembang said. “The CA will promulgate a constitution outlining basic political, economic and judicial structures. Only the people can decide on whether or not to change these structures,” he added.Challenging the third amendment, which has declared the country a federal republic, advocate Achyut Prasad Kharel had filed a PIL. Kharel had claimed that the parliament cannot declare a republic, saying that the amendment was a serious violation of preamble and basic structures of the statute.
Nembang called the Supreme Court not to examine the amendment to the constitution, saying it is not a matter that requires judicial review. He also called the apex court to scrap the petition.
