Legal practitioners divided over prez's ordinance-related move
KATHMANDU, Aug 19: Legal practitioners have differed over the decision given by President Dr Ram Baran Yadav on the two Ordinances related to election recommended by the Government.
Speaking at a face-to-face program organized by Reporters´ Club Nepal here on Sunday, lawyers and constitutional experts close to the opposition parties said the move by the President was positive as patron of the Constitution and in the context when the election commission had already ruled out the possibility of holding elections in the announced date.
They were also of the argument that the way the Ordinances were presented had only helped increase differences and bitterness among the political parties.
They said that a study and analysis of the statement issued by the Office of the President shows that the President had not returned or rejected the Ordinances but just informed the Nepali people about the status of the Ordinances that had been recommended to him.
However, legal and constitutional experts close to the ruling parties said that the President had crossed limits by issuing statements and meeting foreign delegates unilaterally, and argued that he did not have the right to return back the Ordinances recommended to him for amendment to the legislation for holding elections.
They said executive powers rested on the Council of Ministers and returning back the Ordinances means that the President had exercised executive powers, which in fact, is unconstitutional.
Expressing their views on the occasion were among others President of Nepal Bar Association Prem Bahadur Khadka, former President Biswakanta Mainali, former General Secretary Raman Shrestha, legal experts Laxman Lal Karna and Tikaram Bhattarai.