President’s call for new govt formation is ‘unconstitutional’, say opposition parties, legal experts

KATHMANDU, May 20: President Bidya Devi Bhandari has called upon the members of the House of Representatives (HoR) to stake claim for the formation of a new government by 5 PM on Friday (May 21). In a statement issued by the President’s Office earlier on Thursday evening, it was stated that there is little prospect for this government to secure a vote of confidence in parliament. 

President’s call for new government formation comes at a time Prime Minister KP Oli was re-appointed for the post as per Article 76 (3) and is required to obtain a vote of confidence from the HoR within 30 days of his appointment. PM Oli was appointed on May 13 and took an oath of office and secrecy the other day. 

While the government claims that the incumbent government has a slim chance to win confidence from parliament and it is appropriate to proceed ahead to Article 76 (5), opposition parties, various political leaders and legal eagles say that is a violation of the Constitution of Nepal. 

The main opposition party, Nepali Congress (NC), said that it is an ‘unconstitutional’ move by  President Bhandari to call for the formation of a new government though the incumbent Prime Minister is not relieved of his position. 

Chief Whip of the Congress Parliamentary Party, Bal Krishna Khand, said, "It is wrong to set a deadline for the formation of a new government unless the Prime Minister appointed under Article 76 (3) has neither taken a vote of confidence nor has resigned from his position.”

Senior leader of the NC, Ram Chandra Poudel blamed the government for attempting to dissolve parliament and sabotage the constitution itself. Poudel said that the President's call to start the process to form a new government in accordance with Article 76 (5) in less than 24  hours is a conspiracy to dissolve the parliament and scrap the constitution. 

Chairman of the CPN (Maoist Center) Pushpa Kamal Dahal ‘Prachanda’ said that the latest move by President Bidya Devi Bhandari is clear enough to justify that she is against democracy and constitution. Stating that the President and the Prime Minister have committed severe crimes against the constitution, Prachanda said that it would not be forgiven.

The CPN-Maoist Center also said that it is an unconstitutional move by President Bhandari to initiate the process for the formation of a new government unless the incumbent Prime Minister steps down from his post. The party argued that PM Oli’s move to initiate process for new government formation as per Article 76(3) without resigning or getting a confidence vote from parliament. 

Dev Gurung, Chief Whip of the Maoist Center said that the government formed under Article 76 (3) can't’ shy away from its constitutional obligation to take trust vote as per Article 76 (4). 

Constitution expert Dr Bhimarjun Acharya clarified that there is no constitutional provision to call for the formation of a new government unless the vote of confidence process begins in parliament. Taking to Twitter shortly after President Bidyadevi Bhandari called for the formation of a new government in accordance with Article 76 (5), Acharya said that the Prime Minister is guided by a motive to dissolve parliament. 

Another constitutionalist Dr Bipin Adhikari stated  that it is not practical for the Prime Minister to proceed ahead for a new government formation before resigning from the post. 

Talking to Ratopati, Dr. Adhikari, said that the President's call for the formation of the new government as per Article 76 (5) is not a big threat but the interpretation made by the Office of President does not go in line with the spirit of the constitution.