Court cannot appoint a Prime Minister, PM Oli says in his written response to SC

KATHMANDU, 18 June 2021, (TON): Prime Minister of Nepal KP Oli has submitted his written response to the Supreme Court which had earlier sought his clarification on the government's decision to dissolve the House of Representatives.

The Apex Court received PM Oli's response via the Office of the Attorney General. In the response furnished to defend his action, Oli has mentioned that it is not up to judiciary to appoint a Prime Minister as it cannot undertake the legislative and the executive functions of the state.

Oli said “the Court's duty is to interpret the Constitution and the existing laws, it cannot play the role of the legislative or the executive bodies."

He added "appointment of a Prime Minister is absolutely a political and an executive process. The Prime Minister, also defending the involvement of the President in this whole issue, elaborated further that Article 76 of the Constitution grants the sole right to appoint a Prime Minister to the President only.”

He further said that as per Article 76 (5), there is no such provision of a person gaining or losing vote of confidence in House being examined by the legislative or the judiciary.

The PM argued that the HoR was dissolved constitutionally as per the order of the Supreme Court.

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