Forming RCCC is constitutional :Govt Lawyers
Kathmandu, Nov 28-Government attorneys, defending the controversial Royal Commission for Corruption Control (RCCC) said the King activated Article 127 of the 1990 Constitution to protect the nation, the Constitution and the people in the country and therefore the action cannot be tested.
They also claimed that it was the King's prerogative to take action for protection of the Constitution, the nation and to work for welfare of the people. This cannot be questioned in a court of law.
Pleading before the five-member Special Bench of the Supreme Court comprising acting Chief Justice Kedar Prasad Giri, Justices Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha, Deputy Attorney General, Narendra Prasad Pathak, argued on Sunday that the King extended the RCCC's tenure when the royal anti-graft body's tenure ended with lifting of the State of Emergency imposed on February 1.
"The King's action, which is his prerogative, cannot be tested by the apex court," he claimed. Pathak also argued that the SC can only test the constitutionality of any Law or Regulation issued under the Constitution but King's action which has been taken under Article 127 of the Constitution.
Comparing 1962 and 1990 constitutions Pathak said while the 1962 constitution had provisions with which the King could exercise executive, legislative and judicial powers, the 1990 Constitution has allowed the King to exercise only the executive and legislative powers.
Another government attorney, Pushpa Raj Koirala, claimed that the order issued by the King under Article 127 of the constitution is 'a part of the constitution' and thus it cannot be tested by the SC.
Moreover, the King formed the RCCC as a quasi-judicial body and there was no need to test its constitutionality.Koirala also claimed that the order issued by the King under Article 127 should be laid down in the parliament and not in the Supreme Court for review. Government Joint Attorney, Tika Bahadur Hamal, said the King had taken the Februay 1 step to protect the 1990 Constitution and for the welfare of the people under the royal prerogative and such a move cannot be examined by a court of law. According to him it was King's duty to protect the nation and for that he evoked Article 127 for the same. The hearing is scheduled to continue on Monday.