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'Prez has duty to promulgate ordinances'



KATHMANDU: Prime Minister Baburam Bhattarai today told the Supreme Court that the President Ram Baran Yadav has the compulsion to issue ordinances as per government’s recommendations.

Submitting a written reply in response to an apex court order, Bhattarai said it is the constitutional obligation of the Head of the State to issue ordinances and the latter does not have the right to sit on them.

“The President does not have the constitutional right to consider whether ordinances are required and whether there is political consent for the same. He does not have the authority to test the constitutionality of any ordinance,” Bhattarai said.

The Prime Minister was responding to a writ petition that Dilliram Guragain, chairman of Punarutthan Party, had filed demanding an apex court order to the Office of the President and the Prime Minister to issue ordinances as there is a need to address matters related to transitional justice. The PM has expressed dissatisfaction against the bid to keep ordinances on Truth and Reconciliation Commission and other matters despite serious urgency.

Citing Article 88(1) of the Interim Constitution which requires the satisfaction of the President before promulgating, Bhattarai claimed that the Constitution does not required absolute from the president but the very provision of the Constitution requires the collective satisfaction of PM and the President and ultimately. Moreover, the PM claimed that the PM has the executive power while President is ceremonial so needed to work with the satisfaction of the PM.

“Since the President is ceremonial head he has to act on the recommendation of the Cabinet with collective wisdom as the cabinet had forwarded the Ordinances by testing the grounds of requirement,” he added.

Stating that the apex court has the sole power to test the constitutionality of any ordinance, Bhattarai claimed that the President does not have the right to keep the Ordinances pending.

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