Now 3 options for forming a government
Kathmandu: Prime Minister KP Sharma Oli has not received a vote of confidence from the House of Representatives, paving the way for the formation of another government. The post of Prime Minister has fallen vacant after a vote of confidence was rejected by the House of Representatives. Now there are three options for forming a new government.
Article 76 of the constitution envisages three governments with a majority government with the support of two or more parties, a minority government led by the leader of the largest party, and a government led by an MP.
1. Majority government
As there is no single party majority in the parliament, the possibility of forming a single majority government as per Article 76 (1) of the constitution has been ruled out. Therefore, according to Article 76 (2), the first option is for a Member of Parliament to become the Prime Minister with the support of two or more parties.
Initially, the President should call on the parties to form a coalition government in accordance with Article 76 (2) of the Constitution.
According to this option, in order to be appointed as the Prime Minister, various parties in the parliament have to get the support of 136 MPs. Currently, the largest party in the 271-member House of Representatives is the CPN-UML with 121, the Nepali Congress with 63 (two suspended), the CPN-Maoist with 49 (49 suspended), the Janata Samajwadi Party with 34 (two suspended), the Rastriya Janamorcha, Nepal Mazdoor Kisan Party, Rastriya Prajatantra Party, and Swatantra. There are 1/1 MPs.
In order to garner the support of 136 MPs in the parliament, the CPN-UML will have to secure the votes of all its MPs and seek the support of another party. Similarly, parties other than the UML need the support of MPs from the Nepali Congress, the CPN-Maoist Center, and the Janata Samajwadi Party to form a government.
CPN-UML MPs are divided in favor of Chairman KP Oli and leader Madhav Kumar Nepal and Janata Samajwadi Party is divided in favor of Mahanta Thakur-Rajendra Mahato and Baburam Bhattarai-Upendra Yadav.
A vote of confidence must be taken within 30 days in the parliament appointed by the prime minister of the coalition government. If no vote of confidence is taken, the next phase of government formation begins.
2. The government led by the largest party
If the parties fail to form a coalition government, the second option is for the leader of the largest party in the House of Representatives to become prime minister.
Article 76 (3) of the Constitution provides that the president may appoint the leader of the largest party in parliament as prime minister if a coalition government cannot be formed or the prime minister of a coalition government fails to obtain a vote of confidence.
If a coalition government is not formed, the leader of the parliamentary party, the CPN-UML, will become the prime minister again.
Even the prime minister appointed in this way has to take a vote of confidence in the parliament. If they can't get a vote of confidence, they have to go for the third option of forming a government.
3. Which MP led the government
If a coalition government is not formed or the prime minister of a coalition government fails to get a vote of confidence and a minority government is formed and a minority prime minister fails to get a vote of confidence, the way is open to form another government according to Article 76 (5) of the constitution.
That means any member of parliament who presents a vote of confidence becomes prime minister. The President shall appoint the Member of Parliament as the Prime Minister on the basis of a vote of confidence.
If the basis is not presented, the caretaker Prime Minister will be able to dissolve the House of Representatives.
If a Member of Parliament is appointed as the Prime Minister, a vote of confidence must be taken within 30 days. If he fails to get a vote of confidence, he will be able to dissolve parliament.
See what is the provision in the constitution about the formation of the government?
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