Kathmandu, Nepal, January 19, 2020: The statement made by Subas Chandra Nembang in the capacity of Chairman of the Constituent Assembly (CA) doubled House of Representative (HoR) has helped to claim that the Prime Minister has no right to dissolve parliament as per the constitution.
The statement of two times CA Chairman doubled Speaker Nembang has been presented as a proof before the Constitutional Bench at the Supreme Court (SC) that Prime Minister KP Oli has no right to dissolve the parliament as per the constitutional provision.
Advocate Dinmani Pokhrel has on Monday brought up one of Nembang’s interview while pleading on behalf of petitioners challenging Prime Oli’s decision to dissolve HoR.
In an interview, Nembang had categorically stated that the current constitution does not allow a prime minister to dissolve Parliament. Advocate Pokharel read out the excerpt of Nembang’s statement published as interview in a journal published by the Parliament Secretariat.
The statement made by Nembang as the Chairman of CA is sufficient to clarify the spirit of the constitution that Prime Minister has not right to dissolve the (HoR), advocate Pokharel argued during the hearing.
Likewise, other lawyers also argued about a video clip of Nembang that had recently gone viral. In the video, Nembang has also stated that the constitution does not allow the prime minister to dissolve the House. The video was made viral from the official twitter account of Journalists' Society for Parliamentary Affairs.
In the video, Nembang has explained the constitutional provision appraising the existing parliamentary system as an improved parliamentary system. As the constitution has provisioned to bar no-confidence motion against the prime minister within two years and the prime minister cannot dissolve Parliament, Nembang has stated in the video.