House endorses Prez order to remove difficulties

KATHMANDU: The Legislature-Parliament on Tuesday endorsed the Presidential order to remove constitutional difficulties to elect a new Prime Minister as per the Constitution's Article 305.


Speaker Onsari Gharti had presented the order at the House this afternoon. The order was endorsed with majority after holding a brief deliberation.

After Prime Minister KP Sharma Oli resigned on Sunday, President Bidya Devi Bhandari called the parties in Parliament on Monday to elect new Prime Minister based on political consensus within seven days.

If the parties failed to choose a consensus candidate, the Head of the State would ask them to elect the Prime Minister with majority


Order to remove constitutional difficulties tabled at House

KATHMANDU: The Presidential order to invoke the Constitution's Article 305 and remove difficulties to elect a new Prime Minister has been presented before the Legislature-Parliament for endorsement on Tuesday.

In the House meeting today, the order to constitutional difficulties was tabled by Speaker Onsari Gharti.

President Bidya Devi Bhandari had issued the order acting in accordance with the recommendation made by the Cabinet to remove constitutional difficulties to elect a new Prime Minister under the Transitional Provisions of the Constitution issued by President Bidya Devi Bhandari on Monday to remove

Earlier on Sunday before Prime Minister KP Sharma Oli tendered his resignation, the Cabinet had recommended the Head of the State to invoke the Article 305 to let the House elect the Prime Minister as per the Article 298 again.

What’s in the Article 305

Power to remove difficulties

If any difficulty arises in connection with the implementation of this Constitution until the commencement of the first session of the Federal Parliament, upon being elected in accordance with this Constitution, the President may, on the recommendation of the Government of Nepal, Council of Ministers, issue necessary orders to remove such difficulty; and such orders must be submitted to the Legislature-Parliament or Federal Parliament, held immediately after the issuance of such orders, for approval.

What's in the Article 298

Provisions relating to formation of Council of Ministers:

(1) The Council of Ministers existing at the time of commencement of this Constitution shall continue to exist until the Council of Ministers set forth in clause (2) is formed.

(2) The Prime Minister shall, on the basis of political understanding, be elected no later than seven days after the date of the commencement of this Constitution where the Legislature-Parliament is not in recess at the time of commencement of this Constitution, and after the date on which the session of the Legislature-Parliament summoned in accordance with clause (6) of Article 296 commences where the Legislature-Parliament is in recess, and a Council of Ministers shall be formed under his or her chairpersonship.

(3) In the event of failure to have an understanding under clause (2), the Prime Minister shall be elected by a majority of all the then members of the Legislature-Parliament.