LOGIN DASHBOARD

    News

    6 MIN READ

    In major blow to Oli, Supreme Court rules House dissolution unconstitutional

    The Record, February 23, 2021, Kathmandu

    In major blow to Oli, Supreme Court rules House dissolution unconstitutional

      Share this article

    The Supreme Court, on Tuesday, reinstated Parliament and ordered that it meet within 13 days.

    (The Record)

    Two months after Prime Minister KP Sharma Oli dissolved the House of Representatives, the Supreme Court has ruled that the dissolved Parliament be reinstated and that the first meeting of the House meet within 13 days. 

    “The Parliament has been reinstated,” Bhadrakali Pokharel, spokesperson for the Supreme Court, confirmed to The Record. 

    Rajan Bhattarai, advisor to the prime minister, said that Oli would respect the court’s decision and was holding political consultations on the next steps forward. 

    Ever since Oli decided to dissolve the Lower House on December 20, a decision that was swiftly approved by President Bidhya Devi Bhandari, much ink had been spilled over whether his actions were constitutional. Bhandari had cited Article 76 (1), (7) and Article 85 of the constitution while approving of Oli’s House dissolution. Article 76 (7) speaks directly to the dissolution of the House, stating: “In cases where the Prime Minister appointed under clause (5) fails to obtain a vote of confidence or the Prime Minister cannot be appointed, the President shall, on recommendation of the Prime Minister, dissolve the House of Representatives and appoint a date of election so that the election to another House of Representatives is completed within six months. states that the prime minister.”

    Legal experts, including four former chief justices of the Supreme Court, however, have expressly stated that the 2015 constitution does not allow the prime minister to dissolve the House as Article 76 (7) only applies in cases where the prime minister cannot be appointed in the first place. Most of the drafters of the constitution who spoke to The Record said that they had refused to provide the prime minister with the prerogative to dissolve the House, a clause that had been present in previous constitutions, keeping in mind Nepal’s enduring political instability. 

    “This [verdict] has put an end to the autocratic steps that Oli had taken,” Raman Shrestha, former Attorney General and one of the lawyers to petition Oli’s House dissolution, told The Record. “Now that Parliament has been reinstated, it will become functional once the Speaker calls a session. The constitution, which was written by the people, has come back to life.”

    The decision -- taken by a constitutional bench led by Chief Justice Cholendra Shumsher Rana -- puts to rest speculation over which way the Supreme Court would lean but it also throws Nepal’s near future into further uncertainty. Prime Minister Oli had called for mid-term elections in Spring, which will now not happen. Faced with a hostile Parliament, which was preparing to table a vote of no confidence against Oli before its dissolution, the prime minister will be cornered and more likely to resort to desperate gambits. 

    The Supreme Court verdict is also a victory for Oli’s opponents in the ruling Nepal Communist Party -- Madhav Kumar Nepal and Pushpa Kamal Dahal. Nepal called the verdict a “victory of the people” on social media. The Dahal-Nepal combine had launched street protests, prompting Oli to respond with his own show of strength. A politically-unaffiliated ‘Nagarik Andolan’ had also sprung up to oppose Oli’s ‘unconstitutional steps’. 

    Read more: Oli sacrifices the constitution to save his skin

    Now that Oli’s dissolution has been overturned, there is confusion over the many constitutional appointments that the Oli government made in the interim. The Oli government had made appointments to numerous critical constitutional bodies, including Prem Kumar Rai to lead the powerful Commission for the Investigation of Abuse of Authority. Most recently, on February 19, the government had removed Tilak Pariyar as chief of Province 2 and appointed Oli acolyte Rajesh Jha ‘Ahiraj’ in his stead. 

    According to advocate Om Prakash Aryal, any ordinance that made the appointments will have to be tabled before Parliament when it sits and if it is rejected, all appointments will be overturned. 

    “The appointments will not be cancelled ipso facto,” Aryal said. “The Parliament can reject the ordinance, which will overturn the appointments, or the appointments can also be overturned because they require a Parliamentary hearing.”

    Legal experts have welcomed the Supreme Court verdict as a victory over unconstitutionality. 

    “The constitution and constitutionalism has prevailed. This verdict sends a strong message that no one is above the law and it has also earned the judiciary the trust of the public,” said advocate Raju Chapagain. “Now, the prime minister can either resign on moral grounds as his decision has been overturned by the court. If he does so, then the first meeting of Parliament will begin the process of electing a new prime minister as per Article 76 of the constitution. If he does not resign, Prime Minister Oli will have to face a vote of no confidence.”

    Most political analysts that The Record spoke to were optimistic and expressed a rekindling of faith in Nepal’s judiciary. 

    “Parliament reinstatement has reinstated the trust in democracy,” said Prakriti Bhattarai Basnet, founding chairperson of Political Literacy for Women. “This decision is a win for democracy, a win for all Nepalis. As a young citizen of this country, this decision has replanted hope in us.”

    The Supreme Court ruling Prime Minister’s Oli actions unconstitutional is certain to be welcomed by many across the country, but there is also a renewed sense of apprehension about the Oli faction’s response. 

    The constitution has prevailed; whether political stability will follow is -- of yet -- difficult to tell. 

    ::::::

    This article has been updated to correct Tilak Pariyar's removal as chief of Province 2, not Province 1.



    author bio photo

    The Record  We are an independent digital publication based in Kathmandu, Nepal. Our stories examine politics, the economy, society, and culture. We look into events both current and past, offering depth, analysis, and perspective. Explore our features, explainers, long reads, multimedia stories, and podcasts. There’s something here for everyone.



    Comments

    Get the best of

    the Record

    Previous Next

    YOU MAY ALSO LIKE

    Writing journeys

    13 min read

    Janak Raj Sapkota: ‘Ordinary people have extraordinary experiences’

    Tom Robertson - June 23, 2021

    This week, reporter and writer Janak Raj Sapkota writes about how his experimentation with colors and his habit of keeping a journal have helped his writing.

    COVID19

    News

    3 min read

    Empty hotels, empty trails

    Record Nepal - May 8, 2020

    The disruption in the tourism industry has hit hardest those working irregularly, like porters and guides.

    Features

    14 min read

    Menstrual health is everybody’s business

    Nishi Rungta - December 14, 2021

    Menstrual education in Nepal is woefully inadequate and, at times, actively harmful, posing risks to health while reinforcing existing stereotypes and stigmas.

    Opinions

    8 min read

    The long and arduous journey to winning a Supreme Court case as a same-sex married couple

    Suman Pant - March 31, 2019

    The story of how one couple navigated the Nepali bureaucracy to pursue recognition

    Features

    3 min read

    Questionable compensation for Rukum victims

    The Record , Record Nepal - August 12, 2020

    The families of the victims of the Rukum murders eye the government’s recent compensation offer with suspicion

    Features

    4 min read

    On foot

    Sujan Shrestha , Ayushma Regmi - April 13, 2020

    Hundreds continue to flock out everyday from the joblessness, hunger and desperation that has come to plague their lives during the lockdown.

    News

    20 min read

    Castles in the air

    Rudra Pangeni - May 24, 2020

    Buyers of units in high-rises and colonies continue to get ripped off by developers because the authorities have turned a blind eye to the sector’s problems

    Features

    9 min read

    Women speak truth to power

    Aishwarya Baidar - April 7, 2021

    Nepali women are increasingly turning to podcasts to carve out a space to look at socio-political issues through an intersectional feminist lens.

    • About
    • Contributors
    • Jobs
    • Contact

    CONNECT WITH US

    © Copyright the Record | All Rights Reserved | Privacy Policy