Is declaration sound in law? Jury is out on it
Kathmandu, May 18:
Experts have opined that unless the Supreme Court admits the bindingness of the House declaration, it is pretty much below par, as far as the Constitution is concerned.
“Though it is the highest constitutional norm declared by the HoR there is a serious question whether or not to recognize it as part of the constitution since it is being said that the declaration is above the constitution,” said constitutional expert Purna Man Shakya. “If the SC recognizes it as above the present constitution and laws, it will get legitimacy. Or, it will only be a political declaration.”
He was of the opinion that it would be better if the parliament scraps the existing constitution and announces today’s declaration as an interim constitution.
Another legal expert Radheshyam Adhikary said that it is the part of the constitution so that there is no problem to implement it.