The Nepal Bar Association (NBA) has called House dissolution by Prime Minister (PM) KP Sharma Oli a thunderbolt on the federal democratic republican system of governance.
Issuing a statement on Monday, the NBA has taken exception to blatant violation of the Constitution from the office-bearer who should protect the Constitution and ensure its implementation. The statement signed by NBA General Secretary Lila Mani Paudel points if there is any serious problem facing the country there is an option of convening regular House session and holding discussion to resolve it.
"News about dissolution of the House of Representatives (HoR) by the president on recommendation to dissolve it and hold election using Articles 76(1) and (7), and 85(1) has made us serious," the statement reads.
The NBA has concluded that the House dissolution has violated the Articles 76 and 85 of the Constitution, and expressed concerns that the unconstitutional and undemocratic step by the government has created risks of pushing the country toward instability.
President Bidya Devi Bhandari on Sunday dissolved the House and announced election in two phases in April-May 2021 on recommendation of PM Oli.
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.'
