KP Oli government recommends House dissolution

KATHMANDU, Dec 20: In a surprise move, Prime Minister KP Sharma Oli has recommended for the dissolution of Federal Parliament, something not envisioned by the constitution.

An emergency meeting of the Cabinet on Sunday morning decided to recommend to the President dissolution of the parliament.

“Today’s Cabinet meeting decided to recommend the President to dissolve the Parliament,” said Barshaman Pun, Minister for Energy at Oli’s cabinet.

Oli was under pressure to withdraw an ordinance related to the Constitutional Council Act that he had issued on Tuesday and got endorsed by President Bidya Devi Bhandari the same day.

When the emergency meeting of the Cabinet was called for 10am on Sunday, it was largely expected that it would recommend the replacement of the ordinance but, instead, the Cabinet recommended House dissolution.

According to a minister, as soon as the Cabinet meeting began, Oli announced that he was going to recommend the House dissolution to the President. “No one opposed,” said the minister.

Oli on Saturday held a series of meetings–with his fellow party chair Pushpa Kamal Dahal Prachanda in the morning, Secretariat member and Minister for Home Affairs Ram Bahadur Thapa Badal in the afternoon and President Bhandari in the evening.

Since the constitution does not have a provision for the House dissolution, the move is likely to be challenged in the court.

Most of the political parties, including main opposition Nepali Congress, have criticised the KP Oli government’s decision to House dissolution terming it as “unconstitutional, undemocratic and autocratic.”

The prominent constitutional lawyers have also voiced PM Oli’s move one of a unconstitutional.

Constitutional provisions of House dissolution

Article 76. Constitution of Council of Ministers:

 (4) The Prime Minister appointed under clause (2) or (3) shall obtain a
vote of confidence from the House of Representatives no later than thirty days
after the date of such appointment.

(5) In cases where the Prime Minister appointed under clause (3) fails to
obtain a vote of confidence under clause (4) and any member under clause (2)
presents a ground on which he or she can obtain a vote of confidence in the House of Representatives, the President shall appoint such member as the Prime Minister.

(6) The Prime Minister appointed under clause (5) must obtain a vote of
confidence under clause (4).

––

Article 85. Term of House of Representatives:

(1) Unless dissolved earlier pursuant to this Constitution, the term of the House of Representatives shall be five years.

(2) Notwithstanding anything contained in clause (1), the term of the
House of Representatives may be extended by a Federal Act for a period not
exceeding one year in cases where a proclamation or order of a state of emergency is in effect.