Wednesday, 13 July 2016

Mixed interpretation on constitutional provision on new government

Posted by Anup Baral July 13, 2016 :

Confusion has appeared due to lack of clear constitutional provision on the situation that has resulted with the withdrawal of support to the incumbent coalition government by a major ruling ally. The Communist Party of Nepal (Maoist Centre) had pulled out its support to the government today allegedly for the ruling party CPN-UML’s reluctance to implement the nine-point and three-point agreements signed with the party. Article 100(2) of the Constitution of Nepal has the provision that the Prime Minister should table a motion to gain vote of trust in the parliament within 30 days if the party represented by the PM is split and other ruling party withdraws support resulting the coalition in minority. However, some lawmakers have asserted that the constitutional provision could not be effective at the moment until there is no election of the House of Representatives. Constitutional law expert Nilambar Acharya said as the incumbent government was formed as per the transitional provision of the constitution Article 100 would not be active at the moment. There is the provision of the formation of Council of Ministers under the transitional provision in Article 298 of the Constitution. The constitutional provision is it that the incumbent Council of Ministers continues functioning till the formation of another Cabinet as part of the transitional provision. Constitutional law expert Dr Bhimarjun Acharya termed the CPN-MC’s withdrawal of support to the government as a political event and added that it would not affect the government anymore. He said that there will be no avenues for the formation of next government till the no-confidence motion against the government is passed or the Prime Minister puts in paper by himself. By Bhisma Raj Ojha/RSS

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