KATHMANDU: The written claim of the President's Office regarding the writ filed in the Supreme Court against the dissolution of the House of Representatives has sparked a serious debate inside and outside the House. The president has sent a written claim to the court saying that his decision as the president does not fall under the jurisdiction of the court and will not be reviewed. However, even after the dissolution of the then His Majesty the King, there is a precedent of the Supreme Court re-establishing the Parliament as unconstitutional.
The 12th point of the eight-page letter submitted to the Supreme Court by the Office of the President states, Honorable President. The writ jurisdiction will not attract the attention of the Hon'ble President in his capacity as the President in accordance with Article 76 of the Constitution and this matter is not subject to judicial review.
In a reply sent to the court, Prime Minister KP Oli also claimed that the decision of the President could not be questioned in the court. Speaking at a function in Baluwatar on May 26, the day after the dissolution of the House of Representatives, he said that the president had the right to appoint the prime minister as per Article 76. There are no complaints against it, no manipulation. '
Does the constitution and law give the president such a right that even the court cannot question it? Former Supreme Court Justice Balaram KC has given a clear answer, "No." He said that the belief that the President is above the constitution is wrong. "Nowhere in the constitution is it stated that the president has such a right," he said.
However, it is mentioned in Article 16 of the Remuneration and Facilities Act, 2074 BS that no case will be filed against them. It states, "The President and the Vice-President shall not be prosecuted in any court of law for the work they have performed in their official capacity during their tenure or after their retirement."
Former Justice KC says, "The constitution says so about services and facilities." However, the president is accountable for overall political and constitutional decisions. Apart from services and facilities, if the constitution has given him exemption, he should be able to show it in the constitution.'
