According to Dr. Chandrakant Gyawali, this is the eighth time that the parliament has been dissolved in Nepal. The Panchayat system was implemented in 2016 BS by removing the elected Prime Minister. He said that the process of dissolving the parliament has started in Nepal from this time. Similarly, in 2047 BS, the then Prime Minister Girija Prasad Koirala also dissolved the parliament.
He said that the dissolution of the current Prime Minister KP Sharma Oli should not be taken as a surprise. This is the eighth time that the parliament has been dissolved and revived. Various parties have been dissolving the parliament for various reasons while in government. Parliament has been repeatedly dissolved in accordance with the provisions of the Constitution of Nepal.
The 2015 constitution made in Nepal was dissolved once. Similarly, the constitution of 2047 BS was dissolved three times and the same incident was repeated in 2063 BS. But the constitution of 2072 BS has been made keeping in mind the various aspects of the previous constitutions, says Dr. Gyawali. According to Article 76 and Article 100 of the Constitution of 2072 BS, there is a provision to become the Prime Minister according to 7 types. But he says there is no provision for the prime minister to dissolve parliament.
According to the constitution, the power sharing of each prime minister is done in seven ways. The first a prime minister by a majority, the second a prime minister of a coalition government, the third a minority prime minister, the fourth a member of parliament or two or more parties, the fifth a caretaker prime minister under Article 773, the sixth a prime minister by a vote of no confidence There is an arrangement for a minister to become the prime minister on the basis of. Thus, according to the Constitution of Nepal 2072, there are seven types of Prime Minister
But the important thing here is that even the Prime Minister made up of any system is not given the right to dissolve the parliament. The prime minister formed by the first majority government has no right to dissolve. If he is given a vote of no confidence, he will become a caretaker government. Even if he does not resign, the post will be vacant. But he may or may not take the vote of confidence.
There is a provision to take a vote of confidence in accordance with Article 100 while the Parliament is in session. If it fails to win a vote of confidence, the prime minister is automatically relieved of his post and becomes a caretaker government under Article 100 (3). The new prime minister has to be appointed within 35 days of the formation of the caretaker government. This is in accordance with Article 732. The current KP Sharma Oli is the Prime Minister of the minority.
