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Rejecting Plea For Reviewing Ruling On Not Extending Term Of CA
By KTM Metro Reporter
March 29, 2012: hearing on the case filed by Prime Minister Dr. Baburam Bhattarai and Chairman of Constituent Assembly (CA) Subas Chandra Nemwang against the rejection order of the joint registrar for reviewing the ruling of the Supreme Court of Nepal on ending of the CA after May 27, 2012, a single bench of justice Kamal Narayan Das has upheld the rejection order of the joint registrar stating the rejection of the plea is following the law, interim constitution and other precedents, ‘The Rising Nepal’ of today writes.
So, the parliament cannot extend the term of the Constituent Assembly if the parliament follows the ruling of the Supreme Court of Nepal on stopping the extension of the CA. However, legal experts say that the parliament has the rights to amend any articles of the Interim Constitution of Nepal of 2007 including the article that makes the provision for the term of the CA. Despite the ruling of the Supreme Court, the parliament can extend the term of the CA simply amending the article concerning the term of the CA, legal experts say.
Both the prime minister and the Chairman of the CA have filed a plea for the review of the Supreme Court’s ruling on the extension of the term of the CA stating the ruling of the Supreme Court has encroached on the prerogative of the sovereign parliament that has the right to extend its term amending the interim constitution.
The parliament has extended the term of the CA four times making the total term of the CA four years. The CA was elected for two years following the Interim Constitution of Nepal of 2007.
The five member special bench presided over by Chief Justice Khil Raj Regmi on November 25, 2011 had ruled that the CA would automatically cease to exist on May 27, 2012. Following the ruling of the Supreme Court, the CA either should promulgate a new constitution or hold a referendum or follow other constitutional provisions if it fails to draft the new constitution by May 27, 2012, according to the news in ‘The Rising Nepal’ of today.
