Supreme Court can help revive House, say experts

Himalayan News Service

Kathmandu, June 6:

Former Supreme Court justice Krishna Jung Rayamajhi today urged the apex court to quickly decide whether or not to revive the dissolve House of Representatives. “The country has remained without House and election has not yet been held therefore there is an urgent need to review the SC’s previous verdict that upheld the then Prime Minister Sher Bahadur Deuba’s recommendation to the King for dissolution of the House.” He said this while addressing an interaction held by the Reporters’ Club Nepal today. “It is the duty of the SC to prioritise such an important constitutional issue and give verdict quickly,” Rayamajhi, who was one among the 11-member-bench that had approved Deuba’s recommendation, said. “I can’t advice the apex court whether or not to reinstate the House because it is a sub-judice matter, but the House can be reinstated either by the SC or by the King invoking Article 127 of the Constitution,” he added. Constitutional expert Purna Man Shakya said the SC is the real authority to revive the House by reviewing the previous verdict.

“Since the government is failed to hold the elections, there is no way but to revive the House to bring the constitution on right track,” Shakya added. President of Nepal Bar Association, Shambhu Thapa, however, claimed that there are sufficient ways in the constitution to reinstate the House if the King and the SC are ready. Senior advocate Radheshyam Adhikary, however, said the King can reinstate the House with the advice from the SC invoking Article 88 (5) as that would be the appropriate exit for the King and the political parties from the recent political and constitutional mess. Advocate Bal Krishna Neupane, however, claimed that there is no ground to reinstate the House, as there is no particular provision in the constitution for the same. “The political parties’ pressure to the government over the matter is unconstitutional, they don’t have the right to discuss on a sub-judice matter,” he added.