The Supreme Court on Wednesday refused to test the constitutionality of the Declaration of the House of Representatives.Advocate Achyut Prasad Kharel had filed the petition a few days ago stating that since almost all the provisions of the Declaration contradicted the 1990 Constitution, the apex court should test its constitutionality.
He also claimed that as the declaration was not a constitution and as it did not amend the 1990 statute, it cannot be taken as superior to the existing Constitution.He also claimed that the Declaration passed by the House on May 18 cannot be legal as it is only a political document.Registrar of the SC Dr Ram Krishna Timalsena formally rejected a writ petition challenging the proclamation.“
Since Clause 9 of the Declaration states that the provisions of the 1990 Constitution and existing laws would be automatically nullified if they contradicted the House proclamation, there is no need to test the constitutionality of the Declaration,” the rejection directive passed by Timalsena said. The petition was rejected as per Rule 27(2) (3) of the Supreme Court Regulation, 1992.
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