Posted by: santoshgiri May 6, 2009
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The law is unclear in the dismissing power and authority of the president in regards to the Amry Chief.
However, whenever there is a vaccum of Law, the "Nepal Acts Interpretation Act 2010" applies. The act mentions clearly that the authority granting appointment shall have the power to dismiss. Therefore, the President-who has the authority to appoint pursuant to Fifth amendment has the sole authority tofire the army chief NOT the Prime Minister.
The Council of Ministers consists of all Ministers - A Full Cabinet. Here, 4/5 parties representing in the Cabinet did not support the notion to dismiss the army chief. Therefore, t is a minority decision, which is again against the notion of Democratic Norms.
Finally, whenever there is a legal vaccum or need of interpretation of statute, the Supreme Court comes into play as the SOLE AUTHORITY TO INTERPRET LAWS. Therefore, The Supreme Court will define the situation. Likewise, Supreme Court has the right to call an Amicus Curie in matters related to National Inerest, as in here. Amicus Curie may comprise of national and international legal experts.
However, whenever there is a vaccum of Law, the "Nepal Acts Interpretation Act 2010" applies. The act mentions clearly that the authority granting appointment shall have the power to dismiss. Therefore, the President-who has the authority to appoint pursuant to Fifth amendment has the sole authority tofire the army chief NOT the Prime Minister.
The Council of Ministers consists of all Ministers - A Full Cabinet. Here, 4/5 parties representing in the Cabinet did not support the notion to dismiss the army chief. Therefore, t is a minority decision, which is again against the notion of Democratic Norms.
Finally, whenever there is a legal vaccum or need of interpretation of statute, the Supreme Court comes into play as the SOLE AUTHORITY TO INTERPRET LAWS. Therefore, The Supreme Court will define the situation. Likewise, Supreme Court has the right to call an Amicus Curie in matters related to National Inerest, as in here. Amicus Curie may comprise of national and international legal experts.