Nepal’s Supreme Court ordered the reinstatement of parliament for the second time: What is its political significance?

Kathmandu: ’s Supreme Court (SC) has reinstated the lower house which was dissolved on 21 by the KP Oli-led government. Moreover, the apex court has also issued a mandamus order in the name of the President to appoint Sher Bahadur Deuba as the minister within two days.  

Monday’s SC order came in response to the cases filed at the Supreme Court challenging PM Oli’s decision to dissolve Parliament. On May 24, 146 led by Nepali Congress President Sher Bahadur Deuba had filed a case at the Supreme Court demanding restoration of the House of Representatives and recognizing Deuba as a prime minister. 

The court has said a meeting of the reinstated parliament must be called within seven days. 

This is the second time the apex court has ordered the reinstatement of Parliament since February in less than seven months. This is probably the first time the SC has issued a mandamus order to appoint a leader as the prime minister. 

Political significance

The decision this time is viewed with significance as it will set a precedent for the future course of Nepal’s parliamentary democracy and nascent republic system.

It has categorically defined Article 76 that describes the conditions to dissolve Parliament. It has also defined judicial power. The verdict has also defined the executive power of the prime minister, and the limitations of the PM to dissolve the House.

The decision this time is viewed with high significance as it will set a precedent for the future course of Nepal’s parliamentary democracy and nascent republic system.

For the first time in political history, probably a rare case in global politics too, lawmakers were physically present at the court claiming their majority against the PM Oli. And, for the first time, the court has issued a mandamus order for the appointment of a prime minister. 

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As many as 30 writ petitions were filed at the apex court against the move of the PM and the President after the parliament was dissolved on May 21. 

How it started  

On the day of Oli’s floor test, President Bidya Devi Bhandari gave three days’ time to the opposition parties to garner a joint majority and form a new government pursuant to Article 76 (2). 

The opposition alliance of Nepali Congress and Maoist Center failed to claim a majority to form a government and KP Oli was reappointed as prime minister on May 13 as per Article 76 (3). 

CPN-UML had the highest number of lawmakers. This allowed the President to appoint KP Oli as the PM, for he was the parliamentary party leader of CPN-UML.

However, KP Oli had to win the of confidence within 30 days of his reappointment pursuant to Article 76 (4).  Everyone was watching how or whether Oli would win the vote of confidence. 

A week after reappointment, on May 20, instead of securing the vote of confidence from parliament as mandated by Article 76(4),  KP Oli recommended President Bidya Devi Bhandari to initiate the process for forming the new government as per Article 75 (5). He claimed that the chances to win the vote of confidence were slim at the time and, therefore, he did not have to take a floor test.

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President Bhandari on May 20 gave the deadline until 5 PM of May 21–even less than 24 hours–to a member of the House of Representatives to stake a claim for the new government garnering a majority as per Article 76 (5). 

But just before the opposition alliance submitted signatures of 149 lawmakers, including 26 of the Madhav Nepal-Jhalanath Khanal faction of KP Oli led CPN-UML, to the President, Oli also submitted a letter to the President with his signatures along with the signatures of Janata Samajbadi Party-Nepal chair Mahanta Thakur and the party’s parliamentary party leader Rajendra Mahato. He claimed that he had the support of 153 lawmakers. 

While the people were figuring whose claim could be valid, on May 21 past , President Bhandari, on the recommendation of the Council of Ministers, dissolved the House of Representatives for the second time and declared midterm elections for November 12 and 19.

Before the House dissolution, the President dismissed both the claims made by Sher Bahadur Deuba (opposition alliance) and KP Sharma Oli. 

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Nepal’s Supreme Court ordered the reinstatement of parliament for the second time: What is its political significance?

Kathmandu: Nepal’s Supreme Court (SC) has reinstated the lower house which was dissolved on May 21 by the KP Oli-led government. Moreover, the apex court has also issued a mandamus order in the name of the President to appoint Sher Bahadur Deuba as the prime minister within two days.  

Monday’s SC order came in response to the cases filed at the Supreme Court challenging PM Oli’s decision to dissolve Parliament. On May 24, 146 lawmakers led by Congress President Sher Bahadur Deuba had filed a case at the Supreme Court demanding restoration of the House of Representatives and recognizing Deuba as a prime minister. 

The court has said a meeting of the reinstated parliament must be called within seven days. 

This is the second time the apex court has ordered the reinstatement of Parliament since in less than seven months. This is probably the time the SC has issued a mandamus order to appoint a leader as the prime minister. 

Political significance

The decision this time is viewed with high significance as it will set a precedent the future course of Nepal’s parliamentary democracy and nascent republic system.

It has categorically defined Article 76 that describes the conditions to dissolve Parliament. It has also defined judicial power. The verdict has also defined the executive power of the prime minister, and the limitations of the PM to dissolve the House.

The decision this time is viewed with high significance as it will set a precedent for the future course of Nepal’s parliamentary democracy and nascent republic system.

For the first time in political history, probably a rare case in global politics too, lawmakers were physically present at the court claiming their majority against the PM Oli. And, for the first time, the court has issued a mandamus order for the appointment of a prime minister. 

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As many as 30 writ petitions were filed at the apex court against the move of the PM and the President after the parliament was dissolved on May 21. 

How it started  

On the day of Oli’s floor test, President Bidya Devi Bhandari gave three days’ time to the opposition parties to garner a joint majority and form a new government pursuant to Article 76 (2). 

The opposition alliance of Nepali Congress and Maoist Center failed to claim a majority to form a government and KP Oli was reappointed as prime minister on May 13 as Article 76 (3). 

CPN-UML had the highest number of lawmakers. This allowed the President to appoint KP Oli as the PM, for he was the parliamentary party leader of CPN-UML.

However, KP Oli had to win the vote of confidence within 30 days of his reappointment pursuant to Article 76 (4).  Everyone was watching how or whether Oli would win the vote of confidence. 

A week after reappointment, on May 20, instead of securing the vote of confidence from parliament as mandated by Article 76(4),  KP Oli recommended President Bidya Devi Bhandari to initiate the process for the new government as per Article 75 (5). He claimed that the chances to win the vote of confidence were slim at the time and, therefore, he did not have to take a floor test.

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President Bhandari on May 20 gave the deadline until 5 PM of May 21–even less than 24 hours–to a member of the House of Representatives to stake a claim for the new government garnering a majority as per Article 76 (5). 

But just before the opposition alliance submitted signatures of 149 lawmakers, including 26 of the Madhav Nepal-Jhalanath Khanal of KP Oli led CPN-UML, to the President, Oli also submitted a letter to the President with his signatures along with the signatures of Janata Samajbadi Party-Nepal chair Mahanta Thakur and the party’s parliamentary party leader Rajendra Mahato. He claimed that he had the support of 153 lawmakers. 

While the people were figuring out whose claim could be valid, on May 21 past midnight, President Bhandari, on the recommendation of the Council of Ministers, dissolved the House of Representatives for the second time and declared midterm elections for November 12 and 19.

Before the House dissolution, the President dismissed both the claims made by Sher Bahadur Deuba (opposition alliance) and KP Sharma Oli. 

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Nepal’s Supreme Court ordered the reinstatement of parliament for the second time: What is its political significance?

Kathmandu: Nepal’s Supreme Court () has reinstated the lower house which was dissolved on May 21 by the KP Oli- government. Moreover, the apex court has also issued a mandamus order in the name of the President to appoint Sher Bahadur Deuba as the minister within two days.  

Monday’s SC order came in response to the cases filed at the Supreme Court challenging PM Oli’s decision to dissolve Parliament. On May 24, 146 lawmakers led by Nepali Congress President Sher Bahadur Deuba had filed a case at the Supreme Court demanding restoration of the House of Representatives and recognizing Deuba as a prime minister. 

The court has said a meeting of the reinstated parliament must be called within seven days. 

This is the second time the apex court has ordered the reinstatement of Parliament since February in less seven . This is probably the time the SC has issued a mandamus order to appoint a leader as the prime minister. 

Political significance

The decision this time is viewed with high significance as it will set a precedent for the future course of Nepal’s parliamentary democracy and nascent republic system.

It has categorically defined Article 76 that describes the conditions to dissolve Parliament. It has also defined judicial power. The verdict has also defined the executive power of the prime minister, and the limitations of the PM to dissolve the House.

The decision this time is viewed with high significance as it will set a precedent for the future course of Nepal’s parliamentary democracy and nascent republic system.

For the first time in political history, probably a rare case in global politics too, lawmakers were physically present at the court claiming their majority against the PM Oli. And, for the first time, the court has issued a mandamus order for the appointment of a prime minister. 

Also Read  Driving at full seat capacity

As many as 30 writ petitions were filed at the apex court against the move of the PM and the President after the parliament was dissolved on May 21. 

How it started  

On the day of Oli’s floor test, President Bidya Devi Bhandari gave three days’ time to the opposition parties to garner a joint majority and form a new government pursuant to Article 76 (2). 

The opposition alliance of Nepali Congress and Maoist Center failed to claim a majority to form a government and KP Oli was reappointed as prime minister on May 13 as per Article 76 (3). 

had the highest number of lawmakers. This allowed the President to appoint KP Oli as the PM, for he was the parliamentary party leader of CPN-UML.

However, KP Oli had to win the vote of confidence within 30 days of his reappointment pursuant to Article 76 (4).  Everyone was watching how or whether Oli would win the vote of confidence. 

A week after reappointment, on May 20, instead of securing the vote of confidence from parliament as mandated by Article 76(4),  KP Oli recommended President Bidya Devi Bhandari to initiate the process for forming the new government as per Article 75 (5). He claimed that the chances to win the vote of confidence were slim at the time and, therefore, he did not have to take a floor test.

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President Bhandari on May 20 gave the deadline until 5 PM of May 21–even less than 24 hours–to a member of the House of Representatives to stake a claim for the new government garnering a majority as per Article 76 (5). 

But just before the opposition alliance submitted signatures of 149 lawmakers, including 26 of the Madhav Nepal-Jhalanath Khanal faction of KP Oli led CPN-UML, to the President, Oli also submitted a letter to the President with his signatures along with the signatures of Janata Samajbadi Party-Nepal chair Mahanta Thakur and the party’s parliamentary party leader Rajendra Mahato. He claimed that he had the support of 153 lawmakers. 

While the people were figuring out whose claim could be valid, on May 21 past midnight, President Bhandari, on the recommendation of the Council of Ministers, dissolved the House of Representatives for the second time and declared midterm elections for November 12 and 19.

Before the , the President dismissed both the claims made by Sher Bahadur Deuba (opposition alliance) and KP Sharma Oli. 

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Nepal Live Todayhttps://www.nepallivetoday.com
Nepal Live Today is Nepal’s comprehensive English language digital newspaper that is run by a team of persevering journalists committed to setting a new benchmark in Nepal’s journalism.

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Nepal’s Supreme Court ordered the reinstatement of parliament for the second time: What is its political significance?

Kathmandu: Nepal’s Supreme Court (SC) has reinstated the lower house which was dissolved on May 21 by the KP Oli-led government. Moreover, the apex court has also issued a mandamus order in the name of the President to appoint Sher Bahadur Deuba as the prime within two days.  

Monday’s SC order came in response to the cases filed at the Supreme Court challenging PM Oli’s decision to dissolve Parliament. On May 24, 146 lawmakers led by Congress President Sher Bahadur Deuba had filed a case at the Supreme Court demanding restoration of the House of Representatives and recognizing Deuba as a

The court has said a meeting of the reinstated parliament must be called within seven days. 

This is the second time the apex court has ordered the reinstatement of Parliament since February in less than seven months. This is probably the first time the SC has issued a mandamus order to appoint a leader as the prime minister. 

Political significance

The decision this time is viewed with high significance as it will set a precedent for the future course of Nepal’s democracy and nascent republic system.

It has categorically defined Article 76 that describes the conditions to dissolve Parliament. It has also defined judicial power. The verdict has also defined the executive power of the prime minister, and the limitations of the PM to dissolve the House.

The decision this time is viewed with high significance as it will set a precedent for the future course of Nepal’s parliamentary democracy and nascent republic system.

For the first time in political history, probably a rare case in global politics too, lawmakers were physically present at the court claiming their majority against the PM Oli. And, for the first time, the court has issued a mandamus order for the appointment of a prime minister. 

Also Read  Bhimdatta Highway obstructed due to landslide

As many as 30 writ petitions were filed at the apex court against the move of the PM and the President after the parliament was dissolved on May 21. 

How it started  

On the day of Oli’s floor test, President Bidya Devi Bhandari gave three days’ time to the opposition parties to garner a joint majority and form a new government pursuant to Article 76 (2). 

The opposition alliance of Nepali Congress and Maoist Center failed to claim a majority to form a government and KP Oli was reappointed as prime minister on May 13 as per Article 76 (3). 

CPN-UML had the highest number of lawmakers. This allowed the President to appoint KP Oli as the PM, for he was the parliamentary party leader of CPN-UML.

However, KP Oli had to win the vote of confidence within 30 days of his reappointment pursuant to Article 76 (4).  Everyone was watching how or whether Oli would win the vote of confidence. 

A week after reappointment, on May 20, instead of securing the vote of confidence from parliament as mandated by Article 76(4),  KP Oli recommended President Bidya Devi Bhandari to initiate the process for forming the new government as per Article 75 (5). He claimed that the chances to win the vote of confidence were slim at the time and, therefore, he did not have to take a floor test.

Also Read  The United States donates medical supplies to the Ministry of Health

President Bhandari on May 20 gave the deadline until 5 PM of May 21–even less than 24 hours–to a member of the House of Representatives to stake a claim for the new government garnering a majority as per Article 76 (5). 

But just before the opposition alliance submitted signatures of 149 lawmakers, 26 of the Madhav Nepal-Jhalanath Khanal faction of KP Oli led CPN-UML, to the President, Oli also submitted a letter to the President with his signatures along with the signatures of Janata Samajbadi Party-Nepal chair Mahanta Thakur and the party’s parliamentary party leader Rajendra Mahato. He claimed that he had the support of 153 lawmakers. 

While the people were figuring out whose claim could be valid, on May 21 past midnight, President Bhandari, on the recommendation of the Council of Ministers, dissolved the House of Representatives for the second time and declared midterm elections for November 12 and 19.

Before the House , the President dismissed both the claims made by Sher Bahadur Deuba (opposition alliance) and KP Sharma Oli. 

The post Nepal’s Supreme Court ordered the reinstatement of parliament for the second time: What is its political significance? appeared first on Nepal Live Today.


Read full story at Nepal Live Today

Don't Miss

Nepal Live Todayhttps://www.nepallivetoday.com
Nepal Live Today is Nepal’s comprehensive English language digital newspaper that is run by a team of persevering journalists committed to setting a new benchmark in Nepal’s journalism.

More from author

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Related posts

Latest posts

Vertu Smartphones Available In Nepal: Luxury Phones, Luxury Price

Vertu is a UK based company that sells hand-made expensive luxury phones consisting of high quality materials. Lesser known for features and innovation, the...

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Nepal Clearing House Limited (NCHL) is a payment institution promoted by Nepal Rastra Bank and other BFIs. It is a central clearing house that...

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In addition to being postponed by a year, the 2020 Tokyo Olympic Games have been steeped in controversy. According to one recent survey, 78%...

Want to stay up to date with the latest news?

We would love to hear from you! Please fill in your details and we will stay in touch. It's that simple!