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Constitution does not have a clear provision on House dissolution



KATHMANDU: Nepal’s Constitution does not have a clear provision about the dissolution of the Parliament.

The Article 85(1) of the Constitution of Nepal says: “Except when dissolved earlier, the term of House of Representatives shall be five years.”

Meanwhile, the Article 76(7) of the Constitution states: “If the PM appointed according to Clause (5) fails to get the vote of confidence or if any member fails to be appointed as Prime Minister, the President shall, on the recommendation of Prime Minister, dissolve the House of Representatives and fix a date to conduct another election within six months.”

However, constitutional experts say the Constitution envisions dissolution of the Parliament because of the use of term “dissolved earlier” while some say the provision has been there during the situation of inability to choose a Prime Minister.

Publish Date : 20 December 2020 11:24 AM

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