Kathmandu, November 23:

Attorney General, Pawan Kumar Ojha, today said it is not necessary for the King to act on the advice or recommendation of the government at present as per the constitutional provision.

“The incumbent government was not formed under Articles 36 and 42 of the Constitution; thus the King does not need to act on the recommendation or advice of such a government,” he added. “Such an advice is necessary only when an elected government exists in the country.”

Terming the current government as the ‘assistant’ to the monarch he said the King

does not necessarily act on the recommendation or advice of his ‘assistant’. According

to him, all the governments formed after October 4, 2002 are only assistants of the

King and thus they cannot be considered governments under Articles 36 and 42 of the 1990 Constitution.

Ojha was speaking at a press conference organised by the Office of the Attorney General where he claimed Kantipur daily today and yesterday distorted his argument put forth before the special bench of the Supreme Court while he had defended the Royal Commission for Corruption Control.

Ojha said both the executive and legislative powers rest on the King now as per the Constitution and such powers automatically get transferred to the King.

“The King is the protector and follower of the Constitution as per Article 27(3);

thus, all his actions should be considered as constitutional in such a crucial situation,” he added.

Ojha also added that currently the nation is functioning only under Articles 27(3), 44, 72 and 127.