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Recommendation of House dissolution: What next?



KATHMANDU: Nepal’s political arena has been frenzied with Prime Minister KP Oli’s recommendation about the dissolution of Parliament with some sections pondering what would be the consequences of this step.

If President Bidhya Devi Bhandari approves the cabinet decision, the Parliament elected in 2017 will be formally dissolved.

The Legislature will then be the least important among the state organs — the executive, the legislature, and the judiciary.

After the dissolution of the parliament, arguments over its legitimacy will be raised.

However, all significant issues, including the final decision of the cabinet move, will now go to the Judiciary.

The cabinet decision is most likely to be challenged in the Supreme Court as the Constitution does not have a clear provision for the dissolution of the House.

This decision can be overturned by the Supreme Court by examining the legal or illegal (unconstitutional) nature of the dissolution, according to legal eagles.

Likewise, the “caretaker” government after the dissolution of the Parliament, can announce a new election date within a maximum period of six months.

Arguments might arise as to which parties will take part in the election.

However, going back to the previous precedent, the then Prime Minister Girija Prasad Koirala had dissolved the parliament and announced a fresh election in 2051 BS.

The Supreme Court’s verdict on the issue will give a clear way out to the process. However, if the Supreme Court’s decision is not given by then, the election process will move forward.

Since Prime Minister KP Oli dissolved the House without the consent of the ruling Nepal Communist Party, the party can take action against him, including his removal from the premiership which might even lead to a party split.

Publish Date : 20 December 2020 12:13 PM

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