New govt can be formed under Article 298: Legal experts

Published On: July 16, 2016 03:38 PM NPT By: Republica  | @RepublicaNepal

KATHMANDU, July 17: Legal experts have suggested that a new government be formed under Article 298 at a time when the Prime Minister KP Sharma Oli has been ruling out the formation of a new government.

Nepali Congress President Sher bahadhur Deuba and CPN (Maoist Center) Chairman Puspa Kamal Dahal and other leaders of both the parties held discussions with legal experts over the formation of the new government.

According to Surya Dhungel, a legal expert, a new government can be formed under the same Article 298, as the no confidence motion was filed against the current government formed under the same Article 298.

Legal experts also suggested that there won't be any constitutional complexities to form a new government as there is a provision to form a new government under Article 298 and the Rule of 49 and 160 of the Legislature-Parliament Business Operations Regulations.

The Oli government is already in minority after CPN (Maoist Center) withdrew their support to his government.

But Prime Minister Oli has been saying that he would face no confidence of motion rather than resigning from the post.

Article 298 (2) of the Constitution of Nepal states that a new prime minister will be elected on the basis of consensus within seven days of the promulgation of the constitution with the parliamentary session in operation and in case the parliamentary session is already prorogued, within seven days of the commencement of the House session convened as per Article 296 (6).

If a consensus government cannot be formed as per Sub Article 2, only then can a majority government be formed as per Article 298 (3) of the constitution. Oli government was elected under the same provision. If the no confidence of motion is passed, the prime minister will be relieved of his post.

But there is no clear provision regarding the formation of the new government under the transitional provision in the constitution.

Oli has been maintaining that there is no alternative to the current government until Jan 18, 2018, referring to this provision.

His intention is that the current government will remain a caretaker government even if he resigned from the post in accordance with the provision. 

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