The Supreme Court should not test the legality of the historic declaration of May 18 because it was passed by the House of Representatives, “the supreme authority in the nation”, Minister of Law Justice and Parliamentary Affairs, Narendra Bikram Nembang, said in a written affidavit to the SC on friday .
“As the House has the authority to pass any declaration, the passage of the historic declaration is not a justiciable issue,” he claimed.
“To say that the declaration made by the House, the supreme authority in the nation, is in violation of the Constitution would be against the aspirations of the people and the spirit of Jana Andolan-II.”
“The SC should not examine the legality of a political declaration that was made keeping in mind special circumstances in the country. The declaration has neither violated any law nor the Constitution.”
“The parliament can act on some judicial issues based on the principle of separation of powers and checks and balances.”
He said the House, revived by the King through the royal address of April 24, had acted in compliance with the law.
On September 22, the SC had issued show cause notices to the Law Minister and his office, the Prime Minister’s Office (PMO) and the Cabinet, the House of Representatives, Speaker Subas Nembang, directing them to justify the passage of the historic declaration.
Secretary of the Ministry Dr Kul Ratna Bhurtel also submitted a separate affidavit, requesting the SC not to examine the legality of the declaration.