Discussions are going on that the President has played a powerful role in the current Nepali politics. The President will say that all decisions should be based on the interest of the people. There is a provision that the implementation of the constitution will be done by the President. Many have commented that the Prime Minister and the President were in agreement on the decision of the Prime Minister from the vote of confidence to the dissolution of the Parliament. Lal Babu Yadav, political advisor to the president, said there was nothing wrong with the president.
He said that the president was involved in active politics but the constitution limited the power of the president. He said that the President should do the work recommended by the Council of Ministers. Therefore, he says that the President has made the decision according to his will, but he did not understand it. Giving the example that according to Article 76 of the Constitution, all the powers of the Parliament are vested in the Council of Ministers, he said that all decisions are made on the recommendation of the Council of Ministers. General decisions and control of Nepal are vested in the Council of Ministers. His question is where the president used his executive power.
He has accused the media and analysts of making baseless comments. He said that the leaders of the opposition party Nepali Congress including Sher Bahadur Deuba and UCPN (M) Chairman Pushpa Kamal Dahal were working against the constitution.
According to Articles 1, 2 and 3 of Article 76 of the Constitution, if the leader of the majority parliamentary party is the Prime Minister, the entire decision will be made by the Prime Minister. This president is not in a position to make any changes. But according to Article 5 of Article 76, the President can exercise his power. According to this clause, if any member of parliament claims that he can get a majority and become the Prime Minister, then the President can appoint him. While claiming that he can bring a majority as per 2075 BS, Yadav said that he can use his discretion by investigating those bases.
Protests are taking place across the country over Article 5 of Article 76. Opposition leaders have lined up in court to file a writ petition. According to 5 of the 76, there is a system of voting according to the whip of the party president rather than the individual. He said that even though the MPs nominated their candidates individually, the voting system was party-based. Therefore, the role of the president is neutral, he said.
Yadav, a political adviser to the president, said that the president did not have the right to intervene as the decisions of the cabinet were being recommended to the president. He emphasized the need to focus on what the current prime minister is doing. As the Prime Minister is a servant, the people are wondering whether it is a decision like that of the ruler. Not only that, but the Prime Minister has to reach out to the people and not within a limited circle, so his decision should be people-oriented.
