Kathmandu, April 15:

With the emergence of new political forces through the CA polls, confusions have cropped up about whether to amend the Interim Constitution or not to include the new forces in the ‘national’ government to be formed in the near future.

“The election has changed the political equation; new forces have come into existence and the strength of SPA partners has changed drastically. There is a need to amend the Interim Constitution to form a new government,” said advocate Agni Kharel.

Articles 38 and 44 of the Interim Constitution require a consensus among the political parties to form a government even after the CA polls.

“In order to include the newly established political forces into the mainstream politics, an amendment to the constitution is needed,” Kharel added.

Post CA-polls, Madheshi Janadhikar Forum, which has bagged 22 CA seats so far, and the Tarai Madheshi Democratic Party, which has won seven seats so far, have emerged as fresh strong political forces beyond the seven parties.

“Their existence should be recognised by amending the Constitution,” he added.

Article 44 of the Constitution says that a new council of ministers shall be formed with suitable changes after the CA election, while Article 38 states that the government shall be formed with a political consensus among the seven parties.

Article 38 also states that the appointment of the Prime Minister and the formation of Council of Ministers shall be done with political consensus.

“If consensus cannot be reached among the political parties, the PM shall be elected by a two-third majority of the members of the parliament,” the Article stated.

Advocate Mukti Pradhan, however, said that there is no need to amend the Constitution to recognise the new parties.

“The principle of fresh mandate does not require an amendment to Interim Constitution to form a new government,” he added.

“It is not the job of the CA to amend the Interim Constitution, its work is to draft a new constitution,” Pradhan added.

Attorney General Yagya Murti Banjade opined that Article 38 of the Constitution does not create any hurdle to seek consensus of other parties elected to the CA to form a government or include them in the government.

“If consensus could not reach among the political parties, a two-third majority of the constituent assembly members can elect a new PM and form the government,” Banjade added.