Government’s executive authority not justiciable

The government thrusday told the Supreme Court that it amended the Police Regulation 1992 to form the Metropolitan Police exercising its executive authority and that the issue was not atall justiciable .Submitting an affidavit in the apex court, Chief Secretary of the government, Bhoj Raj Ghimire, said it is the exclusive executive authority of the government to promulgate laws and regulations and the same need not be examined by the Supreme Court.The government had amended the Police Regulation 1992 on February 12 this year, but the regulation had already been implemented from November 17 last year.Responding to Supreme Court show cause notices, the government submitted the affidavit in the court.Advocate Madhav Kumar Basnet had challenged the government decision to amend the Regulation with retrospective effect.He had claimed the amendment was against the principle of law and the spirit of of the Interim Constitution of 2007 to promulgate a retrospective law.The government claimed it can also amend any regulation with retrospective effect and that the Metropolitan Police was formed to maintain security in the country.“Maintaining law and order and security in the country is an exclusive authority of the government and the Supreme Court cannot test the matter. It is not a justiciable issue,” the government said in its reply.“It is the job of the government to promulgate and amend Acts,” it said. “The government is doing the same in line with the spirit of the second Jana Andolan,” it added.“Under the doctrine of political necessity, the government has the authority to promulgate Acts that are compatible with the changed political system,” it said.