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Possibility Of Dissolution Of Constituent Assembly
By KTM Metro Reporter
May 25, 2011: various legal experts have different opinions about the possibility of the dissolution of the Constituent Assembly (CA) if its term is not extended.
The Article 82 titled “Dissolution of Constituent Assembly:” of the Interim constitution of Nepal of 2007 says, “The business of the Constituent Assembly shall end on the day of the commencement of the constitution passed by the Constituent Assembly.”
It clearly states that the CA will remain active until a new constitution is promulgated. So, some legal experts argue that the CA remains active even if its term is not extended.
The Article 36C titled “Term of office of President:” says, “The term of office of the President shall be until the commencement of the constitution to be promulgated by the Constituent Assembly.”
In case, the CA is dissolved, the term of the president also comes to an end following the Article 36C of the Interim Constitution of Nepal of 2007, legal experts say.
Legal experts have said that the Interim constitution of Nepal of 2007 has no provision for a presidential rule, in case the president imposes a presidential it would be a dictatorial rule; so they would vehemently oppose it.
