House declaration case: Proclamation cannot be tested, Speaker tells SC
Kathmandu, November 26:
Speaker of the House of Representatives, Subas Nembang, today said they were not abiding
by the 1990 Constitution because it was not possible to do so after the restoration of the House.
“The declaration passed after the success of the people’s movement is not subjected to any test in the court,” Nembang said in a written affidavit he submitted to the Supreme Court.
He also requested the apex court not to examine the constitutionality of the historic declaration of the House that was passed on May 18 because it is a constitutional document.
Nembang was furnishing a reply in response to the Supreme Court’s show cause notice issued on September 22. He claimed that it was a political issue and that the court could not test its legality. Advocates Achyut Prasad Kharel, Shree Prasad Upadhyay, Amita Shrestha and Arun Subedi had filed writ petitions in the SC challenging the House Declaration.
Nembang claimed the House declaration was made to respect the aspirations of the people and the Jana Andolan and it would be against the spirit of the April uprising and the people’s will to challenge the legality of the declaration.
It is not reasonable to demand scrapping of the declaration because the House, in the spirit of the declaration, has already passed and implemented 26 Acts.
“The House is acting to establish the achievement of the Jana Andolan II and such a political declaration cannot be tested by the court,” Nembang added.
He added that the House and the Seven-Party Alliance have worked to end the ten-year-long insurgency and this was the mandate given by the King’s proclamation while reinstating the House.
Minister of Law, Justice and Parliamentary Affairs Narendra Bikram Nembang had submitted the affidavit in the SC requesting the apex court not to test legality of the declaration.