Team News Riveting
Kathmandu, December 20
President Bidya Devi Bhandari has given its consent to the Oli government’s recommendation for the dissolution of the House of Representatives even as experts termed it “unconstitutional.”
The Office of the President said in a notice that President Bidya Devi Bhandari has approved the recommendation, pursuant to Article 76 (1) and (7) and Article 85 of the constitution, of the Council of Ministers to dissolve the House of Representatives.
The President has also approved the Cabinet’s recommendation for holding general elections on April 30 and May 10 next year. In a surprise move, the Oli Cabinet on Sunday morning had decided to recommend the House dissolution.
Constitutional experts, however, say the constitution does not allow a majority prime minister to recommend House dissolution.
Oli’s move of dissolving House comes on the heels of a deepening crisis in his Nepali Communist Party where he has slid into the minority with the opponent faction led by Pushpa Kamal Dahal, Madhav Nepal and Jhala Nath Khanal demanding his resignation for failing on the governance front and to abide by party decisions.
Constitutional experts say the President endorsed an extra-constitutional recommendation of the government.
The Constitution of Nepal promulgated in 2015 does not have a clear provision for House dissolution. Article 85 (1) states that unless dissolved earlier pursuant to this constitution, the term of the House of Representatives shall be five years.
Since it was established in 2018 following elections under the new constitution in November-December 2017, the House of Representatives has not been dissolved earlier, its term shall be five years.
Purna Man Shakya, also an expert on constitutional affairs, said dissolution of the House is not possible unless there is a problem in the formation of government.
Another provision that mentions House dissolution is in Article 76.
The different clauses of this article relate to the situation when the prime minister appointed to lead a government in a hung parliament cannot get the required majority vote with support from another party or other parties.
Currently, Prime Minister Oli enjoys not just a simple majority but nearly two-thirds majority as his party has over 170 seats in the 275-member House of Representatives.
The decision of the President is likely to be challenged in the Supreme Court.
