Former president Ram Baran Yadav has called House dissolution unconstitutional and said he has been hurt by recent political developments.
Addressing the convocation ceremony of Tribhuvan University (TU) on Monday, former president Yadav stressed that the decision to dissolve the House is not just unconstitutional but also morally wrong and raises questions about the impartiality of the institution of presidency.
"The step taken by the President has raised questions about the impartiality of the institution as the head of state. Though I never commented on the roles of PM and the President, yesterday’s incident compelled me to break the silence as it was really disheartening for me," Yadav tweeted later on the day. "We hope that the Supreme Court would do the needful to correct yesterday's unconstitutional move."
President Bidya Devi Bhandari on Sunday dissolved the House and announced election in two phases in April-May 2021 on recommendation of PM KP Sharma Oli.
The decision has been widely condemned by all the political parties apart from the Oli faction, and the Supreme Court has already received petitions against the 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.'
