The Speaker Onsari Gharti has told the media that the other business in the Parliament will be on hold until the no-confidence motion is over. The CPN(M-C) chairman Puspa Kamal Dahal stated that his party members among the MPs would not allow passage of the budget during this period . The NC, the largest party in the Parliament, has agreed after a series of discussions with the CPN(M-C) to offer eight ministries to the latter , including the post of prime minister and finance minister, in the new government. The NC would have 12 portfolios including the Ministry of Home Affairs. The UDMF which will have ministers for the first time, is to be offered some important portfolios and the discussions are on.

However, unlike the Maoist party, the NC leadership is for a cautious and restrained approach, as the NC leader Prakash Saran Mahat, said,” We are just focusing on passing the no confidence motion at first. We hope needn't work hard to garner the majority in the parliament,” as the contenders for ministries are more than 12. As things stand today, Dahal a k a Prachanda is to be the PM for the second time.

But the UML leadership is in no mood to quit. The Minister for Information and Communications Sher Dhan Rai stated bluntly that the government “is under no obligation to step down just because a no confidence motion has been registered against it at Parliament. Instead, the government will face the no confidence motion”. The PM too endorsed this position. No new government can be formed during the transitional period, he stated the very next day the motion was filed against him in the Legislature-Parliament.

At a meeting of the UML’s Parliamentary Party in New Baneshwar on Thursday, Oli, who is also the chairman of the party claimed that the constitution in unclear about any government during the interregnum. The UML chief has a point in favour as the Article 298 (2) of the Constitution of Nepal states that a new prime minister will be elected on the basis of consensus within seven days of the promulgation of the constitution with the parliamentary session in operation and in case the parliamentary session is already prorogued, within seven days of the commencement of the House session convened as per Article 296 (6). Furthermore, If only a consensus government cannot be formed as per Sub Article 2, a majority government can be formed as per Article 298 (3) of the constitution. However, constitutional experts question Oli’s interpretation.

Bhimarjun Acharya, a leading advocate and constitutional lawyer defends the PM arguing only a government , formed out of elections to the House of Representative can replace the government. Citing Articles 76 and 298, Acharya observed that Article 76 cannot be invoked unless a House of Representative has been elected while Article 298 cannot be invoked again since it was envisaged for the formation of a government no later than seven days from the date of commencement of the new Constitution.' He goes on to add, 'With the Constitution already promulgated, we cannot go now into the original intentions of its makers, and instead the Constitution should be allowed to speak for itself.”

However, there are controversies as well. 'We cannot buy any argument that in a parliamentary system a government reduced to a minority could continue in office for an indefinite period,' said another constitutional authority, Bipin Adhikari. Clarifying his stand, he asserted, 'Since the transitional provisions of the Constitution do mention under what circumstances the position of the PM falls vacant, one cannot argue that a new government cannot be formed at all. The transitional provisions are indicative of the way forward and we should accept them in that spirit.”

Article 296 rejects the UML argument. According to this, the Parliament can “perform tasks required to be performed by the Federal Parliament in accordance with this Constitution until such time as the election to the House of Representatives is held, Parliament can elect a new government in line with Article 76, which provisions formation of the council of ministers from the House of Representatives.”

A more fundamental statute, Article 74 is explicit in defence of a pluralist democracy that demolished the royal kingdom. The government shall be multi-party, competitive, federal, democratic, republican, and parliamentary in form and based on pluralism, and we should respect the spirit of the parliamentary system. .

A section inside the UML, dissident in nature, is of the view that if the no confidence motion is through, the PM should gracefully step down. “There is one thing common between Oli and Prachanda. Both are power-greedy, although by different degree”, a spokesperson of dissident UML group told a few journalists on the sidelines of meeting at New Baneshwar. (IPA Service)