‘Can court order for appointment of PM to those with majority?’
Kathmandu, 4 July (2021) - Chief Justice Cholendra Shumsher JB Rana has asked the advocate whether the court could order for the appointment of any individual with majority in parliament as the prime minister.
During the ongoing debate in the constitutional bench comprising CJ Rana, and justices Deepak Kumar Karki, Meera Khadka, Ishwor Prasad Khatiwada and Dr Ananda Mohan Bhattarai in the Supreme Court today, CJ Rana questioned senior advocate Megharaj Pokhrel pleading on behalf of Speaker whether Article 76 (5) of constitution had such meaning.
“We’re 146 lawmakers here. Now, court should verify it. Argument came in such way. Is it good practice the court needs to adopt?” It was what CJ further said to the advocate.
The CJ went forward if the restored House of Representatives failed to make government and got dissolved again, what would happen to the fixed term parliament.
In the pleading, advocate Pokhrel, however, argued that it was that parliament failed to yield government but Article 76 (5) of constitution has the provision to get prime minister from among HoR members.
Pokhrel further argued that Article 76 (2) and Article 76 (5) are different because clause 5 mentions the HoR member who is able to garner majority in his favour, while clause 2 on the support of two or more parties.
Although the time for pleading in favour of Speaker was allocated one hour in the beginning, it has been extended one more hour later. The hearing on the HoR dissolution case is ongoing in the Supreme Court now.
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