At the request of the Foreign Minister Narayan Khadka, an application has been filed with the Supreme Court, claiming that the oath was taken without any legal foundation and that it should be quashed.
In a case filed with the Supreme Court, the petitioners demand that the oath taken by the foreign minister be revoked, according to Baburam Dahal, a spokesperson for the Supreme Court.
The petition was submitted by advocate Bishal Neupane, who argued that the oath taken without a legal foundation should be declared invalid until a legal framework is put in place.
Mr. Aziz has cited Article 80 of the constitution, which states that the president and all cabinet members must take the oath of office and secrecy before the president, and that state secretaries and assistant ministers must take the oath and secrecy before the prime minister, in accordance with federal law, prior to taking up their respective positions.
However, at the moment, there is no law governing the oath taken by the prime minister, the deputy prime minister, and cabinet ministers.
Ordinances relating to oaths were among the 14 ordinances that were declared null and void at midnight on September 15 because they had been on the books for more than 60 days after being registered in the House of Representatives.
With the abolition of the ordinance, there is no longer any law governing the taking of the oath.
The other method of ensuring that a legislation on oath taking was passed was through the submission of a bill in the Parliament.
Advocate Neupane has stated in his petition that the oath taken by Foreign Minister Narayan Khadka was unconstitutional because it was administered “without any legal basis,” as the constitution states “as per federal law.” “The oath [taken by the foreign minister] is unconstitutional and it must be scrapped,” Neupane has stated in his petition. “The oath should be taken in accordance with the new law whenever it is passed by the government.”
According to Neupane, a hearing on his appeal has been scheduled for this Wednesday morning.
If the Supreme Court rules on Wednesday that Foreign Minister Khadka’s oath of office should be annulled, Prime Minister Sher Bahadur Deuba’s intention to give his Council of Ministers a complete makeover within a few days may be jeopardised.
The ordinance that had been introduced to amend some provisions of the Political Parties Act 2017 was repealed on Tuesday, and Prime Minister Deuba has been preparing to expand his Cabinet by inducting ministers from coalition partners, including the Communist Party of Nepal (Maoist Centre), the Communist Party of Nepal (Unified Socialist), and the Janata Samajbadi Party.
If a court orders the cancellation of Khadka’s oath, it will be pointless to nominate ministers because they will be unable to undertake their respective positions because they will not have taken the oath, as stipulated by constitutional provisions.
In the opinion of authorities from the Federal Parliament Secretariat, it takes at least one month for a law to become effective.