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Judicial blow: On Nepal Supreme Court reinstating Parliament

created Feb 27th 2021, 11:56 by DeNovo


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A Constitution Bench of the Supreme Court of Nepal quite rightly overturned Prime Minister K.P. Oli’s decision to unilaterally dissolve Parliament in December 2020 and which was later approved by President Bidya Devi Bhandari. The ostensible reason for Mr. Oli’s decision, clearly without any merit, was inner party intrigue within the ruling Nepal Communist Party (NCP). The Court correctly observed that there was the possibility of the formation of a new government in case Mr. Oli did not enjoy the confidence of Parliament, and therefore ruled his decision unconstitutional. The NCP has since then fractured politically into two factions, one led by Mr. Oli and the other by Pushpa Kumar Dahal and Madhav Kumar Nepal, both former Prime Ministers who belonged to the erstwhile Nepali Maoists and the Communist Party of Nepal (Unified Marxist-Leninist), respectively. These parties had merged into the NCP in 2018. But this fracture is not yet formalised even though the Dahal-Nepal faction has “expelled” Mr. Oli from the party. In defence of his decision, Mr. Oli had argued that he required the support of a two-thirds majority to govern the nation and had sought re-elections, but the Supreme Court’s decision has now rendered that moot by restoring the status quo ante as of December 2020. The Court also went on to scrap all appointments made by the government after the dissolution of Parliament on December 20, 2020.
 

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