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Thursday, Feb 9, 2012

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Article 127

JAN 09 - In her fortnightly column, Beena Kharel says, “Article 127 of 1990 Constitution allows the King to appoint a PM.” (“Programme more than personality,” January 07). This is a canard, because Article 127 does not allow the monarch what he has been doing since October 4, 2002.
Here is what Article 127 of the 1990 Constitution says: “Power to remove difficulties: If any difficulty arises in connection with the implementation of this constitution, His Majesty may issue necessary Orders to remove such difficulty and such orders shall be laid before parliament.”
It contains no provision whereby the King can appoint a Prime Minister at his will. In fact, this Article is not related with any appointments whatsoever. Another point to note here is that the royal orders have to be submitted to parliament. But there is no parliament now. So how can his orders be accepted as constitutional?
Kharel also argues that donor community and Western democracies “have not given a hint of displeasure over the King’s move.” Media reports and statements issued by persons like Sir Jeffrey James and Ms Christina Rocca from time to time do not approve what the commentator is saying.
Keshav Moktan
Tangal, Kathmandu Posted on: 2004-01-09 03:06

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