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NEW DELHI: Nepal PM K P Sharma Oli was finally grounded on Monday with a five-member constitutional bench of the Supreme Court reinstating the parliament, which was dissolved at Oli’s behest in May allowing him to continue as PM, and further ordering President Bidya Bhandari to appoint opposition Nepali Congress leader Sher Bahadur Deuba as PM by 5 pm on Tuesday.
Talking to TOI from Kathmandu, ruling CPN-UML senior leader and former foreign minister Pradeep Gyawali described the court order as unexpected and one that was contrary to the “fundamental principles of Nepal’s Constitution” saying it will have far- reaching consequences for democracy in the country. Gyawali added though that Oli will abide by the court order even if it was “wrong and unjustifiable”.
“The constitution ensures balance of power among the three organs of the state — executive, judiciary and parliament. Judiciary usurping the right of parliament by appointing PM cannot be good for norms of democracy,” said Gyawali. The court decision is the latest of the twists in Nepal where decisions taken by Bhandari, seen as an ally of Oli, have been overturned by the judiciary.
With its apparent hands-off approach to political turmoil in Nepal, India refrained from putting out any official reaction to the development. Official sources said they were still studying the implications of the dramatic court ruling. Gyawali said the SC order was an internal matter of Nepal. “But, yes, if it creates instability, it won’t help anybody,” he said.
Oli’s position had become untenable after Deuba staked claim to form government with support from 149 MPs in the 275-member House of Representatives. President Bhandari though dissolved the House and announced elections in November, allowing Oli to continue as PM until then.
While Deuba will have 30 days to prove majority, whether or not he can actually do it will depend on the ruling UML faction led by Madhav Kumar Nepal who has 23 MPs with him. These MPs had supported Deuba’s petition in the SC to appoint him PM. While Madhav Nepal was said to have arrived at an agreement with Oli a few days ago for the sake of party unity, he welcomed the court order on Monday.
According to a report in Kathmandu Post, Monday’s order followed 30 writ petitions, including one filed by 146 lawmakers of the House, demanding that the court issue a mandamus order to the president to appoint Deuba PM. “The Constitutional Bench has issued the writ as per the demands of the writ petitioners,” a spokesperson of the Supreme Court was quoted as saying.
Talking to TOI from Kathmandu, ruling CPN-UML senior leader and former foreign minister Pradeep Gyawali described the court order as unexpected and one that was contrary to the “fundamental principles of Nepal’s Constitution” saying it will have far- reaching consequences for democracy in the country. Gyawali added though that Oli will abide by the court order even if it was “wrong and unjustifiable”.
“The constitution ensures balance of power among the three organs of the state — executive, judiciary and parliament. Judiciary usurping the right of parliament by appointing PM cannot be good for norms of democracy,” said Gyawali. The court decision is the latest of the twists in Nepal where decisions taken by Bhandari, seen as an ally of Oli, have been overturned by the judiciary.
With its apparent hands-off approach to political turmoil in Nepal, India refrained from putting out any official reaction to the development. Official sources said they were still studying the implications of the dramatic court ruling. Gyawali said the SC order was an internal matter of Nepal. “But, yes, if it creates instability, it won’t help anybody,” he said.
Oli’s position had become untenable after Deuba staked claim to form government with support from 149 MPs in the 275-member House of Representatives. President Bhandari though dissolved the House and announced elections in November, allowing Oli to continue as PM until then.
While Deuba will have 30 days to prove majority, whether or not he can actually do it will depend on the ruling UML faction led by Madhav Kumar Nepal who has 23 MPs with him. These MPs had supported Deuba’s petition in the SC to appoint him PM. While Madhav Nepal was said to have arrived at an agreement with Oli a few days ago for the sake of party unity, he welcomed the court order on Monday.
According to a report in Kathmandu Post, Monday’s order followed 30 writ petitions, including one filed by 146 lawmakers of the House, demanding that the court issue a mandamus order to the president to appoint Deuba PM. “The Constitutional Bench has issued the writ as per the demands of the writ petitioners,” a spokesperson of the Supreme Court was quoted as saying.
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