It is parliament’s prerogative to designate a party as opposition: Speaker

Published On: March 8, 2023 01:20 PM NPT By: Republica | @RepublicaNepal

KATHMANDU, March 8: The Speaker and the Parliament Secretariat have replied to the Supreme Court that it is the prerogative of parliament to decide which party would be the opposition party in parliament. In response to the petition regarding the leader of the opposition, the speaker and the Parliament Secretariat have sent a written reply with the same content.

In the written reply, it is mentioned that designating a party as the opposition is a special right of parliament according to Article 103 of the Constitution. In the letter sent to SC, it is written, “It is not always the case that the opinion expressed on a matter and context always remains the same and as the opinion can be changed based on the situation and context, it is considered that the present writ petition should be dismissed.” The written reply was signed by the Speaker of the House of Representatives, Devraj Ghimire and the chair of the Law Division of the Parliament Secretariat, Laxmi Prasad Gautam.

In the letter, it is mentioned that on the basis of the current situation and also on the basis of the privilege of parliament, the rationale of the writ petition regarding the dispute of the leader of the main opposition party has expired. Advocate Bimal Prasad Pokharel had filed a writ petition at the Supreme Court on February 7, demanding that Sher Bahadur Deuba, the leader of the Nepali Congress Parliamentary Party, not be made the leader of the opposition party. In the petition, NC President Deuba as well as the Speaker, Federal Parliament Secretariat, Constitutional Council and NC Parliamentary Party were made the defendants.

While hearing the writ petition, SC issued a show cause order in the name of the defendants on February 8. In the petition, it has been claimed that NC, the main opposition party that has given a vote of confidence to Prime Minister Pushpa Kamal Dahal, and NC President Sher Bahadur Deuba cannot be the leader of the main opposition party. On January 10, PM Dahal received a vote of confidence from the House of Representatives. NC gave a vote of confidence to PM Dahal from the bench of the main opposition party.