Kathmandu, July 12 – The Supreme Court also annulled the dissolution of the House of Representatives by KP Sharma Oli for the second time and this time ordered the appointment of Sher Bahadur Deuba as the Prime Minister.
In the decision announced by the Supreme Court on Monday afternoon, many issues have been explained including the provisions of the constitution regarding the formation of the government, the power of the parliament and the boundaries of the president.
The Supreme Court has ruled that the House of Representatives is not a body that the government can run as it wishes, and that it should not be considered a subordinate body under the control of the government.
The House of Representatives should not be considered as a subordinate body under the control of the government. It is an institution that controls and makes the government accountable, ‘the ruling said. ‘
76 (5) does not whip
The Supreme Court has explained that according to Article 76 (5) of the Constitution, MPs will not be whipped when selecting the Prime Minister. It is also decided that the concerned party should not take action against the parliamentarian on the basis of supporting the prime ministerial candidate of 76 (5).
The decision said, “As per Article 76, Clause 5 of the Constitution of Nepal, for the purpose of appointing the Prime Minister, it is not possible to take action to resign from the party as per the Political Parties Act, 2073. Therefore, trusting any member of the House of Representatives.” Prohibition order will be issued in the name of the candidates not to take action against any member of the House of Representatives for supporting, expressing their opinion or voting.
With this decision of the Supreme Court, the party will not be able to take action against 26 lawmakers of CPN-UML’s Madhav Kumar Nepal faction on the basis of supporting Sher Bahadur Deuba as the Prime Minister. The decision states that the UML will not be able to take action even if Deuba casts his vote of confidence in the House of Representatives.
76 (5) is to look at the number of MPs
Sher Bahadur Deuba had submitted the signatures of 149 lawmakers when President Bidhyadevi Bhandari called on him to submit his claim to the PM as per Article 76 (5). He was supported by 149 lawmakers, including 61 from the Nepali Congress, 49 from the Maoist Center, 26 from the CPN-UML, 12 from the Janata Samajwadi Party and one from the Rastriya Janamorcha.
The Supreme Court’s order to appoint Deuba as the Prime Minister saying that Deuba has the support of the majority of the members of the House of Representatives shows that the Supreme Court will look at the number of MPs in Article 76 (5). On this basis, the Supreme Court has ordered to appoint Deuba.
The 146-member House of Representatives has filed a writ petition in this court expressing confidence in Mr. Sher Bahadur Deuba. This fact in itself seems to be a sufficient and reasonable basis for believing that an alternative government is in place. Therefore, the decision as to whether or not an alternative government could be formed does not appear to be factual and credible, ”the ruling said.
Oli disqualified in 76 (5)
On May 20, Prime Minister KP Sharma Oli said that he would not take a vote of confidence and paved the way for the formation of a government in accordance with Article 76 (5) of the Constitution. According to Article 76 (3), the Prime Minister, who was appointed as the leader of the largest party in the parliament, had to take a vote of confidence in the parliament while abiding by the constitution. However, he recommended that the process under Section 76 (5) be started and said that he would not accept it.
The Supreme Court ruled that Oli could not claim the PM’s job under Article 76 (5). Because of that, he mentioned not taking a vote of confidence.
Hon’ble Prime Minister Shri KP Sharma Oli said that the Prime Minister appointed under Article 76, Clause 3 of the Constitution of Nepal has not received a vote of confidence from the House of Representatives pursuant to Clause 4 or has abandoned the process. The claim made for appointment to the post of Prime Minister as per sub-section 5 of section 76 does not appear to be constitutional.
The issue is decided by the President
The Supreme Court has also decided to take the case to court against the actions of the President. Legal practitioners from the President’s Office and the government side had insisted that the issue would not be taken up in the decision made by the President personally.
But the Supreme Court has ruled that the president’s decision would be autocratic without a judicial decision. The Supreme Court has stated that the current constitution does not give the president the same rights as the 2047 constitution gave to the king.
No one is above the constitution and nothing happens. All state bodies, all officials and laws are subject to the constitution. In the process of implementation of the constitution, if the vested interests, the practical ease and convenience of the characters in the governing position, the balance of party power, the unwanted level of power in the political power, etc. are given importance, then the desired goal declared by the constitution will not be fulfilled.
The Speaker can convene the Parliament
Another important thing that the Supreme Court did on Monday
Published Date : 12 Jul 2021
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