As was widely expected, the five-member constitutional bench of the Supreme Court on Tuesday reinstated the House of Representatives (HoR), terming Prime Minister KP Sharma Oli's decision to dissolve the sovereign parliament on December 20 "unconstitutional".The apex court has set a precedent that the HoR cannot be dissolved as long as there is every possibility of forming a govt
The bench was unanimous in its decision to reinstate the House in response to 13 writ petitions filed at the apex court. At the same time, the bench also directed the offices of the President, Prime Minister and Speaker to convene the next session of the parliament within 13 days of the verdict so that the six months' gap that had elapsed due to the House dissolution could be made up. The court also invalidated all the decisions related to the HoR dissolution from the beginning. With the reinstatement of the House, the preparations being made by the Election Commission have also been automatically cancelled.
As the government has no option other than to call the House session, the days of the Oli-led government are numbered.
In its landmark verdict, the apex court observed that a majority government formed under Article 76 (1, 2, 3 and 5) has no constitutional power to dissolve the House before its five-year term expires. While furnishing his replies to the apex court, PM Oli had argued that he dissolved the House as per the parliamentary tradition and also claimed that it was a "political decision", in which the court could not enter. However, the court rejected both his arguments and stated that "as the constitution clearly mentions the conditions for the dissolution of the HoR, it cannot be imagined that the PM has the implied power to dissolve it". The court has stated that the PM has no residuary power to dissolve the House under the new constitution as opposed to what was mentioned in the old one. It also observed that the HoR dissolution is not a political issue, but purely a constitutional one, which needs to be interpreted by the apex court, which it did.
With the reinstatement of the HoR, the court has also clearly defined the government's limitations by setting a precedent that the HoR cannot be dissolved before the expiry of its fixed term as long as there is every possibility of forming a government. Now, all the political parties in the parliament, especially the Dahal-Nepal faction of the NCP, are required to do serious homework to form a new government as it has now become clear that PM Oli will no longer be able to muster the support of majority of the lawmakers from within his party that he led since the last general election held three years ago. It would be better for Oli to pave the way for the next government by stepping down as he has become quite unpopular, owing to his personal ego, with his party colleagues that led to the dissolution of the HoR. If he again tries to stick to power even without having any constitutional ground– he has already said he would rather face a no-trust motion in the House than resign – by hook or by crook, he will only ruin his remaining political career, which he made over the last 50 years. As the incumbent leader of the government, Oli should also facilitate the smooth transition of power conceding to his political adventurism.
Welcome initiative
The launch of the campaign 'Make in Nepal-Swadeshi' by the Confederation of Nepali Industries (CNI) on Tuesday is not only welcome but long overdue. The campaign has the objective of bringing 1,000 industries into operation annually in a bid to produce goods in the country itself and substitute imports. It has an ambitious target of creating 1.5 million jobs every year and boosting exports. This aspect of the campaign is particularly important because an estimated half a million youths enter the labour market every year and imports are more than 12 times the country's exports.
With 30 million consumers, CNI's campaign, apparently inspired by our neighbour's 'Make in India' movement, holds great promise if it is planned well and executed with seriousness. The campaign, aimed at enhancing both the competitiveness and demand for Nepali goods and services, however, requires the joint efforts of the government and entrepreneurs in creating a business-friendly environment. While the state must provide every possible incentive to promote and develop domestic industries, entrepreneurs too have the onus to see that they do not cheat their workers, farmers and consumers.
A version of this article appears in the print on February 25, 2021, of The Himalayan Times.
