Legal experts have said that the proclamation of the House of Representatives could be challenged at the Supreme Court as a normal case since the proclamation did not mention anything about the Supreme Court (SC).
Talking to Nepalnews, former Justice of the SC, Laxman Prasad Aryal, said that the proclamation could be challenged in the Supreme Court as other cases, as the proclamation did not mention anything about the SC.
He said that the case should not be analyzed as a normal case, as it was done in a changed political situation and it was issued as per the people’s aspiration expressed during the people’s movement.
SC Justice Anup Raj Sharma also opined that the Supreme Court can test the constitutionality of the proclamation of the parliament.
Talking to journalists after a function at the Supreme Court on Sunday, Justice Sharma also asked parliamentarians whether the proclamation is constitutional or a political decision.
However, speaking at a programme organized to mark the golden jubilee celebration of the Supreme Court, Chief Justice Dilip Kumar Poudel said that he will hold a discussion with justices of the SC on the recent declaration of the HoR to find out whether the declaration is part of the constitution and whether it can curtail the apex court’s powers or not.
In a historic decision, the reinstated House of Representatives on Thursday declared itself “supreme” and for the first time in the country’s history– drastically curtailed the royal powers.