Constitutional provision on new government confusing
Kathmandu, July 12
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 CPN-Maoist Centre withdrew its support to the government today allegedly for the ruling party’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 the other ruling party withdraws support turning the coalition into a minority.
However, some lawmakers have asserted that the constitutional provision could not be effective at the moment as long as 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 formation of Council of Ministers under the transitional provision in Article 298 of the constitution. The constitutional provision has it that the incumbent Council of Ministers continues functioning till the formation of another Cabinet as part of the transitional provision.
Constitutional law expert Bhimarjun Acharya termed the CPN-MC’s withdrawal of support to the government a political event.