Legal experts call for dissolution of the government

February 15, 2006
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One day after the Supreme Court (SC) ordered to scrap the controversial Royal Commission for Corruption Control, prominent legal experts on Tuesday called on the King to immediately dissolve the government under his chairmanship taking in view the Monday’s verdict of the SC.

Speaking at an interaction, senior advocate Radheshyam Adhikari said, “Now the King should link the verdict to his morality and dissolved the royal government as the Supreme Court has said the monarch has no authority to claim the state authority.”

He also added that the King should realise that he has no special authority and no one is above the Constitution and he should respect the verdict. “If he agrees to work under the Constitution, it will pave the way out for the political impasse as well,” he added.

Adhikari also said the verdict clearly stated that Singha Durbar should exercise power, not the royal palace.

President of the Nepal Bar Association, Sambhu Thapa, asked the King to immediately act to reinstate the dissolved House of Representatives. “Now there is an urgent need to reinstate the Lower House to exercise the people’s sovereignty as wished by the Supreme Court verdict,” he said.

Former minister and senior advocate Basudev Dhungana said the King and the royalists who have been provoking the King should rethink. “This verdict has reminded the people that they are not slaves but a sovereign power,” he added.

Former Attorney General Sarvagya Ratna Tuladhar and senior advocate Sindhu Nath Pyakurel also said the verdict has reassured the people that they are sovereign and the King cannot exercise any power beyond the Constitution.

RCCC lawyer, Kunja Bihari Prasad Singh, however, said the verdict has curtailed the power of the King without giving a chance to explain why the monarch needed to take the step.

The SC has scrapped the controversial RCCC formed by the King under Article 127 of the constitution immediately after the February 1 royal takeover of last year saying the formation of the anti-graft body was unconstitutional as it contradicted with Articles 83 (3), 84, 85, 88 (3), 89, 105 (7) and 127 of the Constitution of the Kingdom (1990).