Law slaps Oli's move again! Supreme Court decides House dissolution to be unconstitutional

Prime Minister KP Sharma Oli's move of dissolving the House of Representatives the second time has been bitterly slapped again by the supreme judicial body of the nation. The Supreme Court has identified the move as unconstitutional.

The Court has dismissed the President Vidhya Devi Bhandari's act of dissolving the House of Representatives, saying unconstitutional. President Bhandari had dissolved the House the second time at midnight on 7 Jestha in the recommendation of the cabinet led by KP Sharma Oli.

With the consent of all five judges of the constitutional bench headed by Chief Justice Cholendra Shamsher JBR, the decision was made.

In the verdict, the Supreme Court has said Article 76(5) of the Constitution of Nepal, 2072 does not have compelling provision for members of parliament (MPs) to follow the party-whip.

Similarly, the apex court has also issued mandamus to appoint Sher Bahadur Deuwa the Prime Minister of Nepal within 48 hours as per the provision of 76(5). MP Deuwa had claimed for the post with signatures of 149 MPs, when 76(3)'s Prime Minister KP Sharma Oli had refused to take the vote of confidence from the House and cleared the way for entering into the process of 76(5).

Earlier to that, MP Oli had also forwarded his claim for the post, insisting that he had supports of 153 MPs. In his claim, Mr. Oli had taken signatures of Mahantha Thakur and Rajendra Mahato, leaders of the Janata Samajwadi Party.

But, President Bhandari had denied to appoint any of the candidates as 76(5), saying that both of them had no reliable basis to justify their claims to becoming the Prime Minister according to the provision. Following to the President's decision, Prime Minister Oli had arranged the cabinet meeting at midnight and recommended to dissolve the House. Immediately after receiving the recommendation, the President had dissolved the House the second time.

Now, the political scenario of Nepal is to change as the power is going to be transferred to a new, but unnatural alliance among Nepali Congress, Nepal Communist Party (Maoist Center), the Madhav Kumar Nepal faction of the CPN (UML) and the Baburam Bhattarai-Upendra Yadav faction of Janata Samajwadi Party.

However, the Supreme Court's verdict has once again ignited hope for 'rule of law', slapping the executive head for his unconstitutional act.