The Nepal Weekly | June 22, 2021
Prime Minister KP Sharma Oli has argued that the formation of the government is not the business of the Supreme
Court, rather it is a political process. Furnishing a written reply on Friday to the
Supreme Court as demanded by the Constitutional Bench, June 9, with regards to his decision to dissolve the House of Representatives on May 21 PM Oli said the court cannot appoint the Prime Minister.
Article 76 of the constitution vests the authority with the President to appoint the prime minister, argued PM Oli.
The PM has also claimed that Article 76 (5) doesn’t allow the Parliament or the court to test whether someone enjoys a majority.
“The court has the authority to interpret the constitution but it cannot play the role of legislature or executive,” pointed out Oli in his response. “Forming governments on the basis of parties is the fundamental characteristic of the parliamentary system and the constitution does not imagine party-less practices.” In total 146 lawmakers of the dissolved House of Representatives on May 24 filed a petition against PM Oli’s May 21 decision to dissolve the
House and demanded that Nepali Congress President Sher Bahadur Deuba be appointed as the new prime minister.
On May 21, Deuba had submitted signatures of as many as 149 lawmakers before President Bidya Devi Bhandari, requesting her to appoint him the new prime minister as per Article 75 (6). As many as 29 members of the Madhav
Nepal faction of the CPNUML had provided their signatures showing support to Deuba. As PM Oli too laid claim to the government, saying he had support of 153 lawmakers President Bhandari said both claims by Oli and Deuba were insufficient. Soon after the move, the Oli government recommended the dissolution of the House and midterm elections for November.