Prime Minister (PM) KP Sharma Oli on Sunday has advised the Supreme Court (SC) to not entertain the writ petitions against the House dissolution and revoke them.
"Executive right of this country is a political question. Instead of entertaining the political question of how the country runs and how it must be run as a legal question, they should be revoked citing nothing needs to be said. This is a political decision. This is as per the principle of necessity," PM Oli advised speaking in the National Assembly a day after he chided four former chief justices (CJ) for calling House dissolution unconstitutional and accused them of trying to wrongly influence the Supreme Court (SC).
He claimed that the president can dissolve the House on recommendation of the PM as per Article 85 of the Constitution. "Why change the government every six months? The House of Representatives will not be reinstated at any cost. Article 85(1) of the Constitution says 'Except when dissolved earlier, the term of House of Representatives shall be five years'. That except apparently also means almost three years."
He slammed everyone who has called the House dissolution unconstitutional and asked them to read the Constitution.
After telling the Apex Court what it should do about the petitions, he preached his opponents, civil society, advocates and former CJs to not put pressure on the SC and obstruct the process of delivery of justice. "Some advocates are telling the CJ to give verdict remembering the present and the future? Is this not a threat? Can a lawyer tell that to the CJ? It is height of anarchy."
Former CJs Min Bahadur Rayamajhi, Anup Raj Sharma, Kalyan Shrestha and Sushila Karki on Friday had issued a statement on Friday concluding that the House dissolution by Oli is unconstitutional.
The Constitution does not have clear provision about House dissolution. Article 85(1) of the Constitution states 'Except when dissolved earlier, the term of House of Representatives shall be five years.'
Some constitutional experts argue that the Constitution envisions House dissolution due to the use of term 'dissolved earlier'. But others argue that the provision has been kept for the situation of inability to choose the PM.
Article 76(7) states 'If the Prime Minister appointed according to clause (5) fails to get the vote of confidence or if any member fails to be appointed as Prime Minister, the President shall, on the recommendation of Prime Minister, dissolve the House of Representatives and fix a date to conduct another election within six months.'