High Court dismisses Constitutional case on fiscal incentives
Breaking: The High Court dismissed the Druk Nyamrup Tshogpa’s (DNT) Constitutional Case filed against the Government on fiscal incentives in August this year.
Among other reasons, the court ruled that the party did not have locus standi or legal standing to sue.
The judgment said that DNT has no jurisdiction to file a Constitutional writ as it is not a party who is directly harmed or has the right to invoke ‘class action suit’ as per the Civil and Criminal Procedure Code and declared that it lacks locus standi as per the section 31.2 of the CCPC.
The court also dismissed the OAG’s submission that the case is sub judice. The power to obtain the opinion of the Supreme Court is bestowed upon the Head of the State.
“Therefore, the prime minister as the head of the executive branch of the government and belonging to a political party, cannot obtain the opinion of the Supreme Court, as it would violate the cardinal principle of separation of powers,” it stated.