Posted by: bineet May 19, 2006
HOUSE PROCLAMATION IS IT LEGITIMATE?
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Proclamation illegal: Ganesh Raj Sharma By Bhola B Rana Kathmandu , 18 May: Senior advocate Ganesh Raj Sharma said a political proclamation being made by the House of Representatives is illegal, Shamakaleen reports. In an interview to BBC Nepali Service yesterday, constitution expert Sharma said when there was no revolution to throw away the constitution, he suggested not to make any declaration against the spirit of the constitution. He argued parliament functions under law. He warned the country will face a future crisis is a wrong convention is established to bypass the constitution. He said: "If political decisions are going to be taken through the use of force, another power tomorrow can overturn the decision." Sharma asked those calling for the rule of law to govern through the rule of law. He suggested amendments in the constitution instead of announcing a proclamation from the House of Representatives. He said the rule of law means to move within the parameters of the constitution. He said the leadership of the seven parties should be declared all-powerful if the constitution is to be bypassed. 'This House of Representatives is not the supreme body and it cannot do anything as it likes," The Himalayan Times quoted Attorney General Yagya Murti Banjade as saying. The Attorney General is the government's chief legal advisor. The newspaper reported Thursday: "He also questioned the legitimacy of the much-expected declaration of the House. "How can the declaration get legitimacy?'" "People will not accept autocracy from any quarter, Banjade said. "Unless the declaration is incorporated into the Constitution through amendment, how can we believe that it is part of the Constitution?" he asked the newspaper reported. Advocate Bhimarjun Acharya said that such a declaration of supremacy of the parliament is sheer violation of the rule of law. "This is nothing but undermining the rule of law and lacking in legitimacy," he said, adding that it amounted to nothing different from the "King's autocracy." People’s News/BR --------------------------------------------------------------------------------
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