Nepali Congress (NC) President Sher Bahadur Deuba has called Prime Minister (PM) KP Sharma Oli's recommendation for House dissolution unconstitutional and stated that President Bidya Devi Bhandari need not endorse it.
"Dissolution of the House of Representatives (HoR) is unconstitutional. We have serious reservations about this step toward authoritarianism. There does not seem to be compulsion for the President to endorse the recommendation that contravenes the Constitution. Nepali Congress will formulate appropriate strategy for political resistance to this step," the main opposition leader tweeted Sunday afternoon.
Deuba has already called emergency meeting of NC office-bearers to discuss the recent developments.
PM Oli calling an emergency Cabinet meeting Sunday morning recommended House dissolution.
The Constitution does not have clear provision about House dissolution. Article 85(1) of the Constitution states 'Except when dissolved earlier, the term of House of Representatives shall be five years.'
Some constitutional experts argue that the Constitution envisions House dissolution due to the use of term 'dissolved earlier'. But others argue that the provision has been kept for the situation of inability to choose the PM.
Article 76(7) states 'If the Prime Minister appointed according to clause (5) fails to get the vote of confidence or if any member fails to be appointed as Prime Minister, the President shall, on the recommendation of Prime Minister, dissolve the House of Representatives and fix a date to conduct another election within six months.'