KATHMANDU: Senior Advocate Love Kumar Mainali has said that Article 76 (5) has been provided in the constitution to check the whims of Prime Minister to dissolve the parliament.
Debating on behalf of Speaker Agni Prasad Sapkota on the issue of dissolution of the House of Representatives (HoR) before the Constitutional Bench Sunday, Maini claimed that Article 76 (5) provides for the formation of a government on the initiative of the parliamentarians to prevent the dissolution of the parliament.
“The provision of 76 (5) allows the parliament to run, checking on Prime Minister’s whims. If the PM could dissolve the parliament every time, that Article would not have been there. The article is placed there to see to it that the HoR does not collapse,” he said. He also added that if Article 76 (2) and (5) of the constitution are not clearly defined, then the court should clarify them.
Comparing the provisions of Article 76 (2) and 76 (5), Senior Advocate Mainali said that the government would be formed with the support of the party in Section 76 (2) and with the personal support of the Member of Parliament under Section 76 (5).
“The bench should delve into the essence of the Article rather than its words,” he argued.
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