SC annuls House dissolution, says move of President is unconstitutional

The Supreme Court (SC), as was widely expected, has reinstated the House of Representatives, which was dissolved on December 20 last year. The Tuesday verdict of the apex court comes as a powerful blow to Prime Minister KP Sharma Oli and his coterie, who had decided to dissolve the House even though they knew well that the Constitution does not give such right to the Prime Minister.

The verdict could end political career of many leaders close to Oli, if he failed to manage the situation. However, PM Oli and his coterie look adamant to clear the path for the formation of another government. Their only goal has been to prevent Pushpa Kamal Dahal or Madhav Kumar Nepal from becoming the next prime minister. Reading out the SC's verdict to restore the HoR, which was dissolved two years prior to its full fiveyear term, Chief Justice Cholendra SJB Rana said, "The President's decision to dissolve the HoR on the recommendation of the Prime Minister is unconstitutional. Thus, the decision has been annulled by the writ of certiorari."

The apex court also ordered the authorities to summon the HoR meeting within 13 days.

The constitutional bench of the SC led by Chief Justice Rana said that the government had failed to provide sufficient grounds to justify that the HoR was dissolved in line with Articles 76 (1), (7), and 85 of the Constitution. "As the Prime Minister has the majority votes in the parliament and is appointed as per Article 76(1), he does not hold constitutional right to dissolve the House," read the SC's verdict.

The court also denied the claim that the Prime Minister had residual rights according to Article 85.

The top court responded to five major issues regarding the dissolution of the HoR. The issues were: whether the case was of political or legal nature and whether the court had jurisdiction to decide on the case; if the parliamentary system of government allowed the Prime Minister to dissolve the House or not; whether the provisions cited by the government were enough to justify their action or not; and whether the SC should issue a writ of certiorari as per the demand of the petitioners or not. Addressing the defendants' claim that the HoR dissolution was a political issue and SC was not vested with the right to pass a verdict on it, the SC clarified, "It is the duty of the court to hear the cases that require the interpretation of constitutional provisions."

Similarly, the SC said that the nation had adopted a parliamentary system of government having its own distinct features, and then the nation did not follow the same practice that other nations with a parliamentary system did.

However, the SC remained silent regarding the intention behind the Prime Minister's move to dissolve the House.

The court issued the writ of certiorari against the defendants including the Office of President and Prime Minister after hearing the pleadings of 150 senior advocates, advocates, petitioners, and defendants for 28 working days.

President Bidya Dev Bhandari had dissolved the House on the recommendation of Prime Minister KP Sharma Oli on December 20 last year. A total of 13 writ petitions were registered immediately after the President's decision.

On December 23, the single bench of Chief Justice Rana had shifted all the petition to the constitutional bench citing that petition required due interpretation of the Constitution by ensuring a comprehensive hearing. CJ Rana had formed the Constitutional Bench comprising himself and Justices Bishwambhar Prasad Shrestha, Hari Krishna Karki, Anil Kumar Sinha, and Tej Bahadur KC.

However, the hearing on the dissolution of HoR began on January 17 after Justice Sapana Malla Pradhan replaced Justice Hari Krishna Karki on the constitutional bench. The hearing on the case had started on January 17 and ended on February 19.

After the SC verdict, fate of both President Bidya Devi Bhandari and PM Oli has become uncertain. If Oli gets defeated in the parliamentary party elections, he would be ousted from the party as well as the parliament. Existing law does not allow him to break the party. Similarly, the President may be impeached.

However, Oli is likely to try his best to lure more NCP lawmakers to his camp, which is not easy because the SC has clearly said he and his moves were wrong. With Oli, political career of many NCP leaders like Subas Nembang, Pradeep Gyawali and others has also been at risk. Rumours have already been rife that general secretary Bishnu Paudel is preparing to change the camp.

With the latest SC verdict, no PM in future will dare to dissolve the House.

The verdict has pleased majority of the people and political parties. Many youth came to street to celebrate it Tuesday evening while Nepali Congress, Prachanda-Nepal faction of NCP, Upendra Yadav, Dr. Baburam Bhattarai welcomed the verdict while ruling NCP termed it ‘unexpected’. The verdict has also displeased the proroyalist elements.

What will be the next? The parliament will be summoned in the next 11 days, and it will first elect the parliamentary party leader of NCP and efforts to make the new Prime Minister will begin. Oli is not likely to retain his post. As such, NCP’s Madhav Kumar Nepal or Nepali Congress president Sher Bahadur Deuba will become new prime minister.

Probably, Deuba will be next PM because both rival factions of NCP will offer him the post in a bid to prevent anyone from the rival group to lead the government. Within NC, anti-Oli sentiment has been high, thus Deuba will unwillingly become new PM in the backing of the Prachanda-Nepal faction although Deuba personally is liberal towards Oli. But if a large number of NCP lawmakers who are now with Oli changes camp, Madahv Nepal can become new PM. Prachanda has already said that he will not become PM.

However, as international players as well as India are likely to support Deuba, NC will get the post. Again, the new government will be holding elections in one and a half years and the international community does not want a communist government hold elections, Deuba has more chances of becoming new PM.