Oli flew too high Kathmandu Post
Nepal, July 13 Once again, the Supreme Court has come to the rescue of Nepal s fragile democracy. On Monday, the five-member Constitutional Bench of the top court overturned Prime Minister KP Sharma Oli s dissolution of the House of Representatives and ordered President Bidya Devi Bhandari to appoint Nepali Congress President Sher Bahadur Deuba as prime minister as per Article 76 (5) of the constitution.
Having defenestrated Oli, the court has finally applied the emergency brake on the democratic process that was long being derailed as the prime minister and the president fiddled with the constitution time and again. The verdict marks a triumph of constitutionalism as well as the reassurance that the judiciary could come to the rescue of the democratic polity when virtually all options have been used up.
Suyogya Singh
June 29, 2021
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In a diverse country like Nepal that accommodates a large variety of castes, creeds, customs and opinions, the judiciary, being an integral part of the governance system of such a diverse nation, should reflect the diversity in itself too. But, when we talk about gender diversity specifically, we find that the Nepali judiciary is dominated by only a specific gender group.
In Nepali society, the nature of being argumentative is generally associated with men, and the bench which is already dominated by men, perceives female lawyers as being too less argumentative which creates a professional barrier for female lawyers that can lead to alienation of women from the legal profession. Similar kinds of other gender stereotypes and other variables of gender-based discrimination may aid to sustain existing gender apartheid in judiciary.
Four former chief justices of the Supreme Court have said the recent dissolution of House of Representatives is against the Supreme Court's past verdict of reinstating the House.
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