The Nepali Congress and the Communist Party of Nepal (Maoist Centre) on Saturday consulted lawyers and constitutional experts for legal complications in the process of forming a new government, after toppling the incumbent CPN-UML-led government through a no-confidence vote.
Top leaders of both parties including NC President Sher Bahadur Deuba and CPN MC Chairman Pushpa Kamal Dahal had met the legal experts at the NC Parliamentary Office in Singha Darbar for around two hours this morning, reports the Himalayan Times.
The meeting took place as many lawyers have been airing the view that forming a new government before electing a new House of Representatives through fresh elections might be complex as per the Constitution.
Prime Minister K. P. Sharma Oli had also earlier cited Article 298 of the Constitution, which reads: "The Council of Ministers existing at the time of commencement of this Constitution shall remain until the transformed Legislature-Parliament constitutes a new Council of Ministers;" post which he decided to go through with the floor test instead of resigning from his post.
As per Article 298 the government will remain until next parliamentary elections take place.
However, the lawyers consulted today told the parties, that the Article 298 under the chapter of the 'Transitional Provisions of the Constitution' still can be applied in order to form the government, before the nation holds the election to the House of Representatives as stated in the Constitution promulgated last year.
The suggestion apparently contradict claim of other lawyers who argue that the Article cannot be applied as it categorically mentions that the transitional government should be formed within seven days from the date of the commencement of the Constitution if the Parliament is not in recess, or within seven days from the date of commencement of the Parliament session if the Parliament is in recess.
They argued that neither can the Article 76, which has provisions on constitution of Council of Ministers from the House of Representatives, be applied as election to the House of Representatives has not been held.
