Legitimacy of House Proclamation 2063

Prime Minister Girija Prasad Koirala said Thursday that if anyone dares to underestimate the House Proclamation 2063, will face dire consequences.PM Koirala made the remarks while presenting the Proclamation at the Thursday's sitting of the House of Representatives (HoR). "I appeal to all the people to raise their voices against those who attempt to undermine the proclamation."

"This Proclamation has reflected the desire of the people and each and every word of the Proclamation is written with the blood of the martyrs who sacrificed their lives," said PM Koirala.

House of Representatives (HoR) unanimously endorsed the House Proclamation 2063 B.S.
Speaker of the HoR, Subash Nemwang declared the endorsement of the proclamation after no one voted "nay".

Main while ,Experts have opined that unless the Supreme Court admits the bindingness of the House declaration, it is pretty much below par, as far as the Constitution is concerned.

Attorney General Yagya Murti Banjade said on HoR Declaration that “This is not the supreme body and it cannot do anything as it likes,” . He also said it should work and decide everything within norms and values. He also questioned the legitimacy of the much-expected declaration of the House. “How can the declaration get legitimacy?” he asked.Banjade called on the government and the House to choose whether to bring a new interim constitution or to incorporate all the things which would come in the declaration from the House into the existing Constitution through amendment to the 1990 Constitution.

legal expert Radheshyam Adhikary said that it is the part of the constitution so that there is no problem to implement it.

Constitutional expert Purna Man Shakya told “Though it is the highest constitutional norm declared by the HoR there is a serious question whether or not to recognize it as part of the constitution since it is being said that the declaration is above the constitution,” . “If the SC recognizes it as above the present constitution and laws, it will get legitimacy. Or, it will only be a political declaration.”

He was of the opinion that it would be better if the parliament scraps the existing constitution and announces today’s declaration as an interim constitution.

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”.

Advocate mahesh thapa said "The question of course is not simply that power given to HoR from House Proclamation 2063 adopted, but whether or not there will be alots of question raise until it get Legitimacy . A strong commitment to the rule of law is necessary ."

If we talk about legitimacy of House Proclamation 2063 The Parliament has no right to announce giving power to HoR within this constitution. So the Constitution of Nepal 1990 is totally failed once agian told advocate krishna pradhan .