2020–21 dissolution and reinstatement of the Parliament of Nepal

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President Bidya Devi Bhandari dissolved the House of Representatives as per advice of the prime minister KP Sharma Oli on 20 December 2020.[1][2][3] The sixth session of Federal Parliament abruptly ended on 9 July 2020.[4] According to Article 93(1) of the Constitution, the interval between two sessions of parliament cannot exceed 6 months.[5] Due to internal conflict in the ruling Nepal Communist Party (NCP), KP Sharma Oli recommended the dissolution before a no-confidence motion could be passed.[6] However the dissolution was challenged in the Supreme Court of Nepal, which passed a verdict on 22 February 2021, reinstating the House of Representatives.[7]

Lawsuits[]

13 petitions were filed at the Supreme Court challenging the constitutionality of the move. All petitions are being heard by the constitutional bench which includes the Chief Justice and 4 other justices. More than 300 lawyers have participated against or in support of the cabinet decision in discussion on constitutional bench.[8] The five-member Constitutional Bench of Anil Kumar Sinha, Bishowambhar Shrestha, Cholendra Shumsher Rana, Sapana Pradhan Malla and Tej Bahadur KC declared the House dissolution unconstitutional on December 20 and called for Parliamentary meeting within 13 days.[7]

Reactions[]

Domestic[]

One faction of Nepal Communist Party, led by Pushpa Kamal Dahal and Madhav Kumar Nepal, and Nepali Congress, the largest major opposition group have protested against the decision. Pushpa Kamal Dahal,[9] Gagan Thapa,[10] Sher Bahadur Deuba[11] [12] and other prominent politicians have deemed the move unconstitutional. Seven ministers from the Dahal-Nepal faction have resigned to protest Oli's move.[13]

Dahal-Nepal faction of Nepal Communist Party organized country-wide general protest against the decision on February 4, 2021. Arsons and vandalisms were reported due to the strike. The protestors have claimed that 77 protestors were detained within the valley.[14][15] In response to this strike, K.P. Oli held a mass assembly on February 5, 2021 in front of Narayanhiti Palace.[16][17]

International[]

India has maintained that this event is Nepal's internal matter.[18] China has sent its officials in an attempt to make peace between two splintered factions of Nepal Communist Party.[19]

Aftermath[]

On 23 February 2021, the Supreme Court reinstated parliament calling for a session to be called by 8 March 2021.[20]

References[]

  1. ^ Sharma, Bhadra (20 December 2020). "Nepal Falls Into Political Turmoil. China and India Are Watching". New York Times. ProQuest 2471268328.
  2. ^ Adhikari, Ankit; Masih, Niha (20 December 2020). "Nepal's parliament dissolved amid power struggle in the ruling party". Washington Post. ProQuest 2471342247.
  3. ^ "President dissolves House, declares elections for April 30 and May 10". Kathmandu Post. 20 December 2020.
  4. ^ "राष्ट्रपति भण्डारीद्वारा संसद् अधिवेशन अन्त्य". Ekantipur. Kailash Sirohiya. Retrieved 2 July 2020.
  5. ^ Article 93(1) Constitution of Nepal
  6. ^ Bhattarai, Kamal Dev. "Explainer: What Nepal Prime Minister Oli Hopes to Achieve by Dissolving Parliament". The Wire. Retrieved 11 January 2021.
  7. ^ a b House Reinstated, Kathmandu Post, 22 February 2021.
  8. ^ Ghimire, Binod (26 December 2020). "Constitutional Bench asks for reasons for House dissolution, seeks amicus curiae". The Kathmandu Post.
  9. ^ "Nepal: Communist rival Prachanda says PM KP Sharma Oli should resign, repent". Hindustan Times. 2021-02-10. Retrieved 2021-02-19.
  10. ^ Thapa, Richa (2020-12-29). "We expect the judiciary to serve due justice: Gagan Thapa". The Himalayan Times. Retrieved 2021-02-19.
  11. ^ "House dissolution is unconstitutional, but we shouldn't influence court: Deuba". OnlineKhabar English News. Retrieved 2021-02-19.
  12. ^ Republica. "NC leadership unanimous that PM's move is unconstitutional and undemocratic: Deuba". My Republica. Retrieved 2021-02-19.
  13. ^ "Seven ministers, all from the Dahal-Nepal faction in ruling party, resign". kathmandupost.com. Retrieved 2021-02-19.
  14. ^ "Normal life paralysed in Nepal during general strike, 157 protesters arrested". The New Indian Express. Retrieved 2021-03-25.
  15. ^ "Taxi set on fire, vehicles vandalised; over 70 arrested in Kathmandu during Dahal-Nepal faction general strike". kathmandupost.com. Retrieved 2021-03-25.
  16. ^ "Nepal PM Oli addresses huge rally, defends decision to dissolve House". The Indian Express. 2021-02-06. Retrieved 2021-03-28.
  17. ^ GAUTAM, SKANDA (2021-02-05). "I've got the power: Oli supporters gather in thousands in central Kathmandu". The Himalayan Times. Retrieved 2021-03-28.
  18. ^ "Nepal PM's move to dissolve Parliament is 'internal matter', says India". Hindustan Times. December 24, 2020.
  19. ^ Sharma, Gopal (December 27, 2020). "China sends top official to Nepal amid political crisis" – via www.reuters.com.
  20. ^ "Nepal Supreme Court quashes PM's House dissolution order; Parliament reinstated". OnlineKhabar English News. Retrieved 2021-02-23.
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