Kathmandu, Jan 12: Prime Minister KP Sharma Oli has responded to the Supreme Court (SC) in writing with the reason for extending the Council of Ministers as per the transitional need of the country.
In his reply sent to the apex court through the Office of Attorney General on Tuesday, Prime Minister Oli stated that the number of ministries was increased as per the present need.
The Prime Minister’s reply came after the SC’s show-cause notice in the name of the executive chief of the country in response to a writ petition filed by advocate Kanchan Krishna Neupane at the apex court reasoning that the Nepal’s Constitution has not allowed the executive head to appoint more than 25 ministers.
The writ petitioner has legally challenged the prime minister protesting his move of splitting ministries and expanding cabinet ignoring the constitutional provision.
“I have expanded the Council of Minister in the number exceeding 25 ministers in consistent with the constitutional provision. It does not demand judicial review”, Prime Minister Oli stated in his reply.
However, Nepal’s Constitution’s Article 76 (9) has stated that the Council of Ministers would not be of more than 25 ministers. On the other, the PM’s reply defended his move terming the formation of the incumbent government in the transitional time for temporary basis.
Prime Minister Oli also stated that the apec court should not intervene the legitimacy of the decisions and actions of political nature in keeping with the principles of separation of power and checks and balances.
He also argued that the substances of the issues and disputes of political nature should not be tested on legal constitutionalism but on political constitutionalism.
“According to the Article 87 the arrangement of Article 76 on federal parliament will come to effect only following the formation of House of Representatives and National Assembly”, PM Oli argued in his written response to the apex court.
Advocate Neupane had filed the writ petition at the SC on 27 December 2015 naming President’s Office and Prime Minister’s Office as defendants. RSS
