Legality of House Declaration cannot be tested: Government tells SC

The government has requested the Supreme Court (SC) not to raise legal or constitutional questions over the House of Representatives Declarations 2063 – which was adopted on May 18.

In a written reply to the apex court – which is the ultimate interpreter of the Constitution as per the 1990 Constitution – Law Minister Narendra Nemwang, on behalf of the government, has said that the declaration had come as a special political document whose constitutionality cannot be tested since it sprung from the people's mandate expressed through the People's Movement.

The Court had asked the government, on September 22, to furnish written explanation about its position regarding the House declaration in response to a writ petition filed by six advocates including lawyer Achyut Prasad Kharel who demanded that the apex court nullify the declaration, which they claimed was against the constitution.

"The House declaration is a political matter. The court cannot enter into political area," the government's reply reads. It also adds that the House had been restored on April 24 as per the aspirations of the people and in accordance with the "Doctrine of Necessity."

"The Declaration has neither violated any law nor the Constitution," the reply adds. Meanwhile, Law Secretary Kul Ratna Bhurtel also gave a separate reply to the apex court stating that the constitutionality of the declaration cannot be tested.

The May 18 House declaration had announced the parliament as the supreme body, clipped all powers of the King and made historic changes in some state structures. The declaration stated that it would be the supreme guiding principle and any constitutional or legal provision that are in contravention of this declaration would be null and void to the extent that they are in contravention. nepalnews.com sd Nov 25 06