In what has been described by experts on constitutional affairs as an unconstitutional move, Nepalese President Bidya Devi Bhandari has given parties to form a new government under an article relating to prime ministerial appointment.

As per the Article 76 (5) invoked by the president, in cases where the prime minister appointed under Article 76 (3) fails to obtain a vote of confidence and any member presents a ground on which he or she can obtain a vote of confidence in the House, the President shall appoint such member as the prime minister.

A statement from the Office of the President called upon parties to stake claim by Friday 5 pm to form a new government as per Article 76 (5).

After losing a trust vote on May 10, Oli was appointed prime minister under Article 76 (3) as the leader of the party with the highest number of members in the House of Representatives on May 13.

Oli’s reappointment was possible after the opposition parties failed to stake claim to the government under Article 76 (2) within the deadline of 9 pm on May 13 set by the President.
 
As per constitutional provisions, Oli needed to secure a vote of confidence in the House by June 14.

Experts say the Oli government and the President both have violated the constitution.

“If that is the recommendation, it goes beyond the norms of the parliamentary system. The prime minister should resign to complete the course before recommending the government formation under any other article of the constitution,” Bipin Adhikari, former dean of Kathmandu University School of Law, told the Post.

Article 76 (5) is invoked only when the prime minister elected under Article 76 (3) fails the confidence vote in the House.

(SAM)