In the last six months, Nepal’s Supreme Court stuck two major decisions--both involving the dissolution of the House, calling the moves “unconstitutional”. On the landmark Judgement passed on Monday, the top court also rejected the claim of the Office of the President that the judiciary couldn’t review the President’s actions. 

However, the court in its judgment made it clear that it was the responsibility of the Supreme Court to correct the actions of the President when it did not adhere to the Consitution.

“The action taken by the President falls under the executive function. In such a situation, if the President’s moves are kept out of the judicial review it will be an attack on the principle of the separation of power, control, and balance,” reads the verdict as quoted by The Kathmandu Post. 

Following the historical judgment on Monday, legal experts have questioned the moral authority of President Bidya Devi Bhandari to continue on her post. 

Balaram KC, a former Supreme Court justice, said, “The verdict has established that the President’s moves were a fraud on the constitution. Bhandari now has lost the moral ground to remain in the position.”

“I would say the court’s direct order to appoint Deuba as prime minister wasn’t really expected,” Raju Prasad Chapagains, the chair of the Constitutional Lawyers Forum, was quoted as saying by The Kathmandu Post. But, he further added that it was necessary to control the arbitrary move by Bhandari and Oli. 

“It might have been necessary because the court might not have had faith in the President. As the court has said that the President has failed to perform the job to safeguard the constitution, it is better for her to resign.”

The country’s opposition parties have long been questioning her role, accusing her of aiding the political career of Oli by supporting his unconstitutional moves. Significantly, just before the House dissolution on 21 May, opposition parties were to bring an impeachment motion against the president. 

Political Scientist Krishna Pokhrel said Bhandari has lost the dignity of the Office of the President. The court, he said, effectively asked her to stay within constitutional boundaries. He further added the verdict has raised “serious moral questions for her to remain in power. 

(SAM)