<figure><img width="2016" height="1186" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06e69c7e80680e0a5f8djpeg.jpg" alt=""/><figcaption>UML's Madhav Kumar Nepal and Sher Bahadur Deuba during the unstable coalition politics of the mid-1990s, when both were rising in influence within their parties. Photo: MIN RATNA BAJRACHARYA</figcaption></figure>On Monday, Nepal's Supreme Court restored the House of Representatives that Prime Minister KP Oli had dissolved for the second time on 22 May. It then <a href="https://www.nepalitimes.com/here-now/nepal-court-orders-deuba-to-succeed-oli/" target="_blank" rel="noopener noreferrer">ordered the Nepali Congress President Sher Bahadur Deuba to be installed as the next Prime Minister</a>. Sher Bahadur Deuba has now been appointed Prime Minister for the 5th time and preparations are already underway to form a new cabinet of ministers. Maoist Centre’s Pushpa Kamal Dahal has been tasked to finalise ministerial portfolios with Deuba while JSP has called a meeting of the Central Executive Committee today to decide on the ministers. In his address to the nation on Tuesday afternoon, outgoing Prime Minister Oli said that his party would accept the verdict but delivered a pointed rebuke to the Supreme Court ruling, including its decision to stop any action against UML dissidents, claiming that the move would undermine the multi-party system and democracy. “Such misinterpretation of the constitution for the fulfilment of certain aspirations of certain individuals has, in fact, served to amend the constitution regressively. Our democratic system will have to pay the price for the political implications of this decision,” he said. He added: “I had the people’s mandate but the order of the Supreme Court was in Sher Bahadur Deuba’s favour.” <figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06e89c7e80680e0a5f8ejpeg.jpg" alt=""><figcaption> </figcaption></figure>Deuba, leading a five-party alliance of 146 MPs — from his own Nepali Congress, the Maoist Centre, as well dissident factions of the JSP and the UML — had filed a writ petition on 24 May after President Bidya Bhandari <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer">thwarted claims of a House majority to form the next government</a>.The Supreme Court verdict by Chief Justice Cholendra JB Rana and his bench was the apotheosis of Oli’s years-long <a href="https://www.nepalitimes.com/banner/court-debates-nepal-pm-olis-future/" target="_blank" rel="noopener noreferrer">attempt to hold on to power</a>, characterised by bitter infighting within the erstwhile NCP, ultimately leading to his estrangement from the party co-chair Pushpa Kamal Dahal as well as from comrades within his own UML.Ahead of his appointment, Deuba welcomed the Supreme Court’s order in a press release put out on Tuesday morning, which stated that the decision had put the constitution—which had veered off-course— back on track, and reinstated the faith and trust of the people in an independent judiciary.“Rather than taking the court’s decision as a matter of personal win or loss, the decision must be used for the betterment of our democracy, constitution, and our country and its people,” it read.Meanwhile, UML lawmaker Bijay Subba in response to the Supreme Court’s ruling said the right to appoint the Prime Minister lies only within parliament and blamed lawmakers for taking politics to the court.“The constitution clearly states the rights of the legislative, executive, and the judiciary. The court does not have the right to select the Prime Minister. It is against the principle of separation of powers,” he said.Subba also deemed the court’s ruling to stop any action against the UML dissidents unconstitutional, saying, “In a party system, per the spirit of the constitution, parliamentarians must align with the party whip.”Responding to the accusation, the Supreme Court said that it was the president’s responsibility to appoint the prime minister. But in case of an unconstitutional action, it will take steps to rectify them. <figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06eb9c7e80680e0a5f8fjpeg.jpg" alt=""><figcaption> </figcaption></figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06ee9c7e80680e0a5f90jpeg.jpg" alt=""><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06f19c7e80680e0a5f91jpeg.jpg" alt="">Now, the newly-appointed Prime Minister must seek a vote of confidence in the House of Representatives within 30 days under Article 76(4) of the constitution. Any member of the house who backs PM Deuba shall not be penalised for not voting along party lines, the Supreme Court also ordered. If Deuba gets a majority, he cannot be subjected to any future no-confidence motion and will remain Prime Minister for the remainder of the tenure of the House and preside over the next election. But if he fails to get a vote of confidence, the President, on Deuba’s recommendation, will dissolve the House once again and set a date for elections to be held within the next six months, per Article 76(7) of the constitution. Monday’s Supreme Court verdict also barred any disciplinary action against the UML dissidents who were a part of Deuba’s alliance. However, Madhav Kumar Nepal, who led the dissident UML faction in support of Deuba’s Prime Ministership bid, withdrew his support from the opposition alliance following the court ruling. Oli had been trying to <a href="https://www.nepalitimes.com/here-now/making-up-is-hard-to-do/" target="_blank" rel="noopener noreferrer">patch things up</a> with Nepal before the verdict, with working groups from both sides having come up with a 10-point deal to address differences within the UML. But between the appointment of Deuba as the new prime minister and Nepal withdrawing his support from the opposition, the fate of UML and its unification remains undecided.

Shristi Karki

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Reinstate, remove, repeat

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94129c7e80680e06f1dbjpeg.jpg" alt="" width="1500" height="1000"/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>Nepal’s Supreme Court has been overturning Prime Minister K P Oli’s moves to remain in office one by one, even as it began crucial hearings on his <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNFcfwSAhJcN3o2YRfc09cycuI6fLg">second dissolution</a> of the Lower House on <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNGn9_SCp2XoTEVx1Y1q1wFMB0pVQQ">22 May.</a>Lawyers presenting their arguments at the Court’s Constitutional Bench on Wednesday and Thursday went beyond just <a href="https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepalis-outraged-by-pm-oli-move/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNGyc7SBPAkNZ8daTmk8Xf4bMvaGpA">questioning Oli’s moves</a>, they blamed President Bidya Devi Bhandari for complicity.And beyond calling for a restoration of the House, they also demanded that Sher Bahadur Deuba of the Nepali Congress (NC) replace Oli, since he had amply demonstrated a majority in the House.The final battle in the court is the culmination of a long-drawn power struggle between Oli and comrades within the UML and his former NCP, even while the country faces an emergency with the coronavirus pandemic.President Bidya Devi Bhandari’s <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNEfhpSOMM9zO0aa-OOH9pv0unohLw">rejection of Deuba’s claim</a> to lead the government two months ago had prompted 146 politicians from a five-party alliance to file writ petitions in the Supreme Court on 24 May.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94159c7e80680e06f1dcjpeg.jpg" alt="" width="1698" height="1272"><figcaption> </figcaption></figure>Chief Justice Cholendra SJB Rana and Justices Deep Kumar Karki, Mira Khadka, Iswar Prasad Khatiwada and Ananda Mohan Bhattarai will give a final verdict after a stipulated 32 hours of hearings over the next two weeks.That ruling will determine whether the House is reinstated and if Deuba becomes prime minister for the fifth time, or if Oli continues as prime minister to oversee early elections in November. If the House is reinstated, the five-party alliance could also choose some other prime minister.Like Deuba, other leaders of the anti-Oli alliance have also been prime ministers before: Pushpa Kamal Dahal (twice), Madhav Kumar Nepal, Jhalnath Khanal and Baburam Bhattarai.The signs do not look good for Oli whose latest setback was the Supreme Court’s decision on Tuesday reversing his <a href="https://www.nepalitimes.com/latest/nepal-government-reshuffle-during-pandemic/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-government-reshuffle-during-pandemic/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNEucL_TDQmSld75IHcEemzl7UaY9g">appointment of 20 ministers</a>earlier this month, saying it was unconstitutional for a caretaker prime minister to do so.In fact, Water Supply Minister Anil Jha of the JSP was being welcomed in his constituency in Rautahat on Tuesday when word came from Kathmandu that the Court had directed all Cabinet ministers to stop working. And in a show of defiance, Oli told deposed ministers they didn’t need to vacate their official residence because “something will come up”.In the midst of a pandemic, Nepal's governing Cabinet is now down to Oli and four ministers. The third health minister in a year was among the 20 who had to step down this week after just 19 days in office.The five-party opposition alliance decided to put pressure on Oli by launching street protests starting on Thursday. Speaking to a gathering of editors on Thursday, the NC's Deuba said: "The prime minister and president colluded at midnight to dismantle democracy and the constitution, that is why we have formed this alliance. We will mobilise the public if needed, to fight against a return to authoritarianism."<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94189c7e80680e06f1ddjpeg.jpg" alt="" width="720" height="480"><figcaption> </figcaption></figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b941a9c7e80680e06f1dejpeg.jpg" alt="" width="960" height="640"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b941d9c7e80680e06f1dfjpeg.jpg" alt="" width="960" height="642">Last week, the Supreme Court overturned a Cabinet decision to amend national park regulations so that Yeti Holdings got a license to build a hydroelectric plant in Langtang. The Court also over-ruled an attempt by Oli to allow ministers to automatically become ambassadors, without having to be graduates. Then, Oli’s loyalist chief minister in the UML was voted out of the Gandaki provincial government last week by a coalition of opposition parties.At the Constitutional Bench, the petitioners and the government’s defence lawyers have been allocated 15 hours each to present their case, after which four lawyers from an amicus curiae will be given two hours to give their opinion.Central to the argument will be whether President Bhandari was fair in rejecting claims by both Deuba and Oli that they had a majority in the House to form a new government. On 21 May, Oli claimed he had the support of a majority in the House that he had himself dissolved earlier, by counting the total membership of his own UML and the Janata Samajbadi Party (JSP) — even those in both parties who had defected to Deuba’s camp.Deuba presented President Bhandari with 149 actual signatures of MPs from the NC, Maoist Centre (MC) and dissidents from the UML and JSP. Only 136 votes are needed for a majority based on the current House strength.On Wednesday and Thursday, petitioners at the Constitutional Bench argued that Article 76 (5) of the Constitution clearly stated that if a prime minister cannot demonstrate he has the confidence of the House, the president has to call on any member who can do so to form the next government.Firebrand lawyer Sambhu Thapa argued: “Why does the president require any other proof other than the 149 signatures? Who gave the president the authority to choose her own prime minister, or take away the right of House members to vote? This is a right that was earned after a long political struggle.”<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b941f9c7e80680e06f1e0jpeg.jpg" alt="" width="960" height="640"><figcaption> </figcaption></figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94229c7e80680e06f1e1jpeg.jpg" alt="" width="960" height="642"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109121148/636b94249c7e80680e06f1e2jpeg.jpg" alt="" width="960" height="640">Last week President Bhandari’s office responded to a show cause from the Court with a written explanation that the <a href="https://www.nepalitimes.com/latest/nepal-supreme-court-restores-house/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-supreme-court-restores-house/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNHluN7S9Tlzf7kz7vsDIVxJidoQig">Supreme Court did not have jurisdiction</a> over the Office of the President. The President’s advisers have said that she took the decision to dissolve the House because the support of some MPs was claimed by both Deuba and Oli.In his clarification letter to the Supreme Court, Oli argued that the Court had no role in a purely political matter.In Thursday’s Constitutional Bench hearings, former attorney general Raman Shrestha argued that the President was claiming a right over the Supreme Court similar to what Nepal’s kings had during the monarchy days.“This debate in the Court is not about Oli or Deuba becoming prime minister, it is about whether a Constitution drafted by an elected Constituent Assembly will remain or not,” Shrestha said.Another lawyer Badri Bahadur Karki argued that a decision on whether Deuba had a majority support of the House or not was not up to the president. “The president invoking Article 76(5) was for the formation of an alternative government, not to reinstate the same government,” Karki argued, adding in English, “the president should have told Oli, you are no more prime minister.”Oli, who has survived many earlier cliffhangers, probably expects the Supreme Court to reinstate the House, and he is planning to demonstrate a majority by <a href="https://www.nepalitimes.com/here-now/nepal-pm-oli-back-on-saddle/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/nepal-pm-oli-back-on-saddle/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNEA1z9mRfljFFGu7HLVClQWlwriyg">wooing back dissident UML MP</a>s and the JSP floor test. Oli will need at least 114 of the total 121 members of the UML as well as at least 20 from the Mahanta Thakur faction of the JSP <a href="https://www.nepalitimes.com/banner/parliamentary-arithmetics/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/parliamentary-arithmetics/&amp;source=gmail&amp;ust=1624615526031000&amp;usg=AFQjCNFHTBsAGOKmQ3mM0AWKIqW3ykM03w">to prove a House majority</a>.However, the tenor of the court hearings this week prove that they will not be satisfied with the restoration of the House — they want President Bhandari’s decision to disqualify Deuba’s claim to be prime minister revoked.

Oli's gambit

<img width="1574" height="658" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636ceeb39c7e80680e09ae46jpeg.jpg" alt=""/>In response to President Bidya Devi Bhandari’s call for the formation of a government under Article 76 (5) of the Constitution, the Leader of the Opposition Sher Bahadur Deuba and Prime Minister KP Sharma Oli submitted <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/&amp;source=gmail&amp;ust=1622281099084000&amp;usg=AFQjCNEhPxVkCQEg7_nSphiFjbuMNCda9Q">separate claims on 21 May</a> to her of commanding a majority of parliamentarians. Deuba had the claim of support of 149 MPs while PM Oli had 153.  It is not possible that there would be two majorities in the House of Representatives (HoR), and with the President <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/&amp;source=gmail&amp;ust=1622281099084000&amp;usg=AFQjCNG_RvqaIUUq6AhnG_0i6F90-QNx7A">rejecting both claims</a>, the main question right now rests on the interpretation of Article 76 (5). While the basis on which the Head of State reached the conclusion is a matter of her judicial discretion which cannot be questioned in court, it is nevertheless important to interpret and understand Article 76 (5) holistically, given the national importance of a prime minister’s election.In order to fully grasp the basis of the President’s decision, it is important to go into the text of Article 76 (5): ‘In case where the Prime Minister appointed under Clause (3) fails to obtain a vote of confidence under Clause (4) and any member under Clause (2) presents the ground on which he or she can obtain a vote of confidence in the House of Representatives, the President shall appoint such member as Prime Minister.’Under the Constitution, therefore, this article requires four preconditions to be clearly fulfilled before a decision is made:FIRST, the results from the application of Clause (4). While applying this clause, PM KP Sharma Oli sent a written letter to the President stating that as he did not have the numbers to obtain vote of confidence under existing circumstances, he recommended issuing the call under Clause (5) for the formation of new government. With the Prime Minister's recommendation following from his Cabinet's decision, the President had no choice but to make the call.  The opposition parties in the HoR initially criticised the recommendation of the Prime Minister and demanded he should rather have gone for a floor test. But then the leader of the opposition Deuba laid claim to government with 149 members under the President’s call under 76 (5) as recommended by the Prime Minister. PM Oli then also laid claim to government, saying he had the support of 153 members.What we see thus is a majority in HoR recognising activation of Clause (4) by default and the prime minister’s inability to gain confidence of the House. If that were not the case, there would not have been the condition for the claims of both candidates to be considered under Article 76 (5). Thus, there we see unanimous acceptance of the fact that the Supreme Court’s 23 February 2021 decision requiring the House to proceed through the application of Clauses (1), (2), (3), (4) and (5) had been followed to the letter. The political parties have themselves resolved the debate around this matter by participating in the call by the president. SECOND, the candidature for prime ministership under Article 76 (5) should be of a member of the HoR under Clause (2). This clause specifies, ‘any member of the House who can get a majority with the support of two or more than two parties’ may present the basis for obtaining the House of Representatives' vote of confidence.When read in the context of Article 76 (5), any House member, not necessarily the parliamentary party leaders of larger parties, who presents basis for gaining vote of confidence can be appointed prime minister. Under the process guided by these constitutional provisions, there can be no doubt that the support of political parties to such a candidate is a necessity.This aspect is evident in Deuba’s claim being supported by the Nepali Congress and CPN (Maoist Centre) along their party lines. In the case of PM Oli’s claim, however, the support of both the CPN (UML) party which he leads as well as the Janata Samajbadi Party is divided, denting his claim. His claim of majority is therefore subject to disapproval. THIRD, the prime question is whether the signatures or support of MPs during the process under Article 76 (5) that go against the decision of their parties are to be given validity. While the Deuba’s claim is based on an independent position taken by 38 MPs of the UML and JSP combined, the President appears to have accorded recognition to all members of the House.The president could have rejected the application at the first instance, using her privilege of office. Deuba’s claim was allowed to be registered following due process by the president herself.It was not possible to reject the application by Prime Mnister Oli because his claim included the decision of the parties concerned and the name-list of MPs by party. It was not unnatural for the two sides to place applications, given that the JSP as a party which had earlier decided to remain neutral had changed its decision at the last minute and to participate in the process under 76 (5). FOURTH, the application under Article 76 (5) made before the President for appointment as prime minister requires placing ‘the basis (आधार) to be able to win a vote of confidence’. What this means is that the President will have to have confidence that the prime minister appointed under Article 76 (5) is able to win the confidence vote within 30 days pursuant to Article 76 (4).In other words, regardless of the claims of a candidate to majority support at the time of application, the president’s concern would be to see if there is basis for the candidate winning a confidence vote within 30 days. As the defender of the Constitution and seeking stability for the polity, it would be natural for President Bhandari to see the verifiability of a claim to majority within the time frame of 30 days as stipulated in the Constitution. When there is no debate on the matter, there would be no questioning claims of a candidate of the support of MPs, whether numbering 149 or 153. They both are majority numbers.  But in the current instance, both applications to the President were contentious. Further, the president had been formally informed in writing that some MPs of the CPN (UML) and JSP have supported the application of another party, and that those two parties were to carry out disciplinary actions against those Members of Parliament.Given that the law on political parties stipulates clearly that the parliamentary procedure for the suspension or ouster of MPs can take no more than 15 days, it becomes clear that neither list before the President was likely to remain intact by the time the vote of confidence was sought within the 30-day stipulation. Thus, the president was unable to give her assent to either application.Can party MPs vote independently?It is important to understand here that while MPs may try to go outside the bounds set by their parties, the Constitution and law relating to political parties and associated regulations provide strong basis for the parties to keep their MPs in check and under party discipline. There is no existing law or constitutional provision that allows us to choose between what action by an MP attracts party disciplinary measures and what does not. There is no basis to the argument that the disciplinary action against MPs may not be applied selectively for certain clauses of the Constitution. In essence, the political parties are sovereign in their ability to ensure party discipline in Parliament under any and every circumstance.MPs must make a choice between party affiliation and independent vote, and choosing the latter course they have to be subject to discipline for defying the party whip. Voting outside the party decision can mean expulsion from the party, which would ipso facto mean vacating the parliamentary seat in the House. The Maoist Centre has already utilised this authority over its representatives by ousting several members in both the houses of the Federal Parliament and in provincial parliaments.According to the existing system, and as clearly spelt out in the Constitution and the law on political parties, MPs of nationally recognised parties are able to vote of their own volition only when electing the leader of their parliamentary party. Otherwise, in every sphere and activity, MPs are bound by his/her party’s decisions and directives. This principle was seen applied clearly during the proceeding of the just-dissolved HoR last year, when MP Sarita Giri’s seat was instantaneously revoked when she defied her party whip.The process of disciplinary action leading to expulsion is fairly simple. If a request has been formally made by a party to revoke an MP’s membership in the House, the parliamentary secretariat may take no more than 15 days to implement that notice. It should also be noted that other than cases filed in the courts on corruption and specific criminal offences, disciplinary actions against MPs are the prerogative of their parties.Difference between JSP and UML 'independents'Given that the JSP has a structure with two chairpersons, decisions to support or to take action under the party’s constitution require the agreement of both and hence may not be immediately implementable. For this reason, Deuba may get the benefit of doubt. JSP's case here is exactly like that of the erstwhile NCP, about which the Election Commission could not take decisions because of the party's statute requiring consensus between its two chairpersons. The JSP independents therefore may weigh in for Mr. Deuba.However, there would be no confusion in the case of the CPN (UML) dissidents. The President was officially informed before she took her decision that the chair and parliamentary party leader of the CPN (UML) was in a position to act immediately against the MPs who had gone against the party’s decision. This referred to the fact that UML's 26 MPs who supported Deuba's application had already breached their party whip on 10 May by abstention during the vote of confidence Prime Minister Oli had sought.Breach of party whip is one of the several legal conditions for vacating the seat of an MP. Existing laws and party statutes provide this right to all political parties. It thus appears that the list presented by Deuba was clearly fragmented and his claim of majority would have fallen short within the 30-day stipulated timeframe. There was no reason to be confident that the number presented by Deuba would remain intact until the required vote of confidence on the floor of the House. Both claimants, or either one of them, could have thought he would win the vote of confidence after the president appointed him prime minister but before the disciplinary procedure of the relevant party was activated. Or, one or other candidate could have hoped to have the Speaker of Parliament show indulgence and ‘good office’ towards himself in terms of handling the disciplinary proceedings. Such in-party and inter-party conspiracies are necessarily outside the consideration of the president, who will be concerned only with what is written in the law and Constitution.Should the President have verified both lists?The dissident MPs of the UML and JSP supporting Deuba's application are working as minority groups within their individual parties. They have their own claims of legitimacy still to be proven before the competent law. The provisions relating to breakup of parties and related aspects are clearly attracted by the application of both candidates, given that the party decisions of the UML and JSP are on one side while the minority groups of both parties have gone to the other side. Under such circumstances, it is not correct legally or on principle to demand that the President verify the lists of MPs provided by the two applicants. The law as it relates to political parties has set a specific process for the breakup of parties, which also allows minority groups to be sufficiently heard which often becomes a long-drawn process. The president’s office is not the place to utilise certain numbers or groups to divide up parties, it is meant to promote unity among the political parties and the nation generally. The place to decide majority and minority through a counting exercise is the Parliament.  It also goes against the principle of multiparty system of governance to lay claim to dissident minority of members of another political party as ‘independents’. Article 74 of the constitution clearly spells out: ‘The form of government of Nepal shall be multi-party, competitive, federal, democratic, republican, parliamentary form of government based on pluralism.’Both claimants who approached the President should have chosen a different path rather than put her office in a position of controversy. MPs wanting to support one among the two aspirants for the post of prime minister while going against their own party whip should have done so either after completing the party division process, or being able to establishtheir independent status. This would have been the only proper procedure. Even though the House membership of said MPs were intact at the time that the claimants approached the President, given the imminent action by both parties leading at the very least to the expulsion of a number of MPs, it becomes clear why the claims by both candidates did not carry credible ‘basis’ as required for the President’s decision under Article 76 (5).It is evident that the President has taken her decision based not only on immediate or short-term considerations, but with a concern for the future workings of Parliament. Take for instance a situation where because a party’s disciplinary proceedings is delayed for whatever reason and the MPs’ defiance of party whip is recognised, as a result of which one claimant wins the vote of confidence. Such MPs will still be a subject to party action, however, and when that happens the newly formed government will immediately go into minority. Constitutionally, the opposition cannot bring a motion of no-confidence until two years after a new prime minister is elected even if the government is in minority. Under such a situation, the government will not be able to adopt its policies and programs, neither the budget, nor get passage of bills in Parliament – a situation similar to that faced by current Prime Minister KP Sharma Oli. The goal of Parliament is not to create a minority government, or an even weaker one. Instead, the goal of the Constitution is to provide stability rather than weaken the system through repeated election of minority prime ministers. Therefore, the claims of majority placed before President Bhandari by the two aspirants were like blocks of ice under the sun, bound to diminish over time.Either claimant should have been able to present rock-solid majorities and outside of controversies, which would have been according to the spirit of the Constitution. Hence, on the basis of constitutionalism and the principles of parliamentary democracy, President Bhandari denied both applications. Tika Dhakal is Press Adviser to President Bidya Devi Bhandari. The views expressed here are his own.

Interpreting Article 76 (5) of Nepal’s Constitution

<img width="1574" height="658" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111152/636b86aa9c7e80680e067869jpeg.jpg" alt=""/>In response to President Bidya Devi Bhandari’s call for the formation of a government under Article 76 (5) of the Constitution, the Leader of the Opposition Sher Bahadur Deuba and Prime Minister KP Sharma Oli submitted <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/&amp;source=gmail&amp;ust=1622281099084000&amp;usg=AFQjCNEhPxVkCQEg7_nSphiFjbuMNCda9Q">separate claims on 21 May</a> to her of commanding a majority of parliamentarians. Deuba had the claim of support of 149 MPs while PM Oli had 153.  It is not possible that there would be two majorities in the House of Representatives (HoR), and with the President <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/&amp;source=gmail&amp;ust=1622281099084000&amp;usg=AFQjCNG_RvqaIUUq6AhnG_0i6F90-QNx7A">rejecting both claims</a>, the main question right now rests on the interpretation of Article 76 (5). While the basis on which the Head of State reached the conclusion is a matter of her judicial discretion which cannot be questioned in court, it is nevertheless important to interpret and understand Article 76 (5) holistically, given the national importance of a prime minister’s election.In order to fully grasp the basis of the President’s decision, it is important to go into the text of Article 76 (5): ‘In case where the Prime Minister appointed under Clause (3) fails to obtain a vote of confidence under Clause (4) and any member under Clause (2) presents the ground on which he or she can obtain a vote of confidence in the House of Representatives, the President shall appoint such member as Prime Minister.’Under the Constitution, therefore, this article requires four preconditions to be clearly fulfilled before a decision is made:FIRST, the results from the application of Clause (4). While applying this clause, PM KP Sharma Oli sent a written letter to the President stating that as he did not have the numbers to obtain vote of confidence under existing circumstances, he recommended issuing the call under Clause (5) for the formation of new government. With the Prime Minister's recommendation following from his Cabinet's decision, the President had no choice but to make the call.  The opposition parties in the HoR initially criticised the recommendation of the Prime Minister and demanded he should rather have gone for a floor test. But then the leader of the opposition Deuba laid claim to government with 149 members under the President’s call under 76 (5) as recommended by the Prime Minister. PM Oli then also laid claim to government, saying he had the support of 153 members.What we see thus is a majority in HoR recognising activation of Clause (4) by default and the prime minister’s inability to gain confidence of the House. If that were not the case, there would not have been the condition for the claims of both candidates to be considered under Article 76 (5). Thus, there we see unanimous acceptance of the fact that the Supreme Court’s 23 February 2021 decision requiring the House to proceed through the application of Clauses (1), (2), (3), (4) and (5) had been followed to the letter. The political parties have themselves resolved the debate around this matter by participating in the call by the president. SECOND, the candidature for prime ministership under Article 76 (5) should be of a member of the HoR under Clause (2). This clause specifies, ‘any member of the House who can get a majority with the support of two or more than two parties’ may present the basis for obtaining the House of Representatives' vote of confidence.When read in the context of Article 76 (5), any House member, not necessarily the parliamentary party leaders of larger parties, who presents basis for gaining vote of confidence can be appointed prime minister. Under the process guided by these constitutional provisions, there can be no doubt that the support of political parties to such a candidate is a necessity.This aspect is evident in Deuba’s claim being supported by the Nepali Congress and CPN (Maoist Centre) along their party lines. In the case of PM Oli’s claim, however, the support of both the CPN (UML) party which he leads as well as the Janata Samajbadi Party is divided, denting his claim. His claim of majority is therefore subject to disapproval. THIRD, the prime question is whether the signatures or support of MPs during the process under Article 76 (5) that go against the decision of their parties are to be given validity. While the Deuba’s claim is based on an independent position taken by 38 MPs of the UML and JSP combined, the President appears to have accorded recognition to all members of the House.The president could have rejected the application at the first instance, using her privilege of office. Deuba’s claim was allowed to be registered following due process by the president herself.It was not possible to reject the application by Prime Mnister Oli because his claim included the decision of the parties concerned and the name-list of MPs by party. It was not unnatural for the two sides to place applications, given that the JSP as a party which had earlier decided to remain neutral had changed its decision at the last minute and to participate in the process under 76 (5). FOURTH, the application under Article 76 (5) made before the President for appointment as prime minister requires placing ‘the basis (आधार) to be able to win a vote of confidence’. What this means is that the President will have to have confidence that the prime minister appointed under Article 76 (5) is able to win the confidence vote within 30 days pursuant to Article 76 (4).In other words, regardless of the claims of a candidate to majority support at the time of application, the president’s concern would be to see if there is basis for the candidate winning a confidence vote within 30 days. As the defender of the Constitution and seeking stability for the polity, it would be natural for President Bhandari to see the verifiability of a claim to majority within the time frame of 30 days as stipulated in the Constitution. When there is no debate on the matter, there would be no questioning claims of a candidate of the support of MPs, whether numbering 149 or 153. They both are majority numbers.  But in the current instance, both applications to the President were contentious. Further, the president had been formally informed in writing that some MPs of the CPN (UML) and JSP have supported the application of another party, and that those two parties were to carry out disciplinary actions against those Members of Parliament.Given that the law on political parties stipulates clearly that the parliamentary procedure for the suspension or ouster of MPs can take no more than 15 days, it becomes clear that neither list before the President was likely to remain intact by the time the vote of confidence was sought within the 30-day stipulation. Thus, the president was unable to give her assent to either application.Can party MPs vote independently?It is important to understand here that while MPs may try to go outside the bounds set by their parties, the Constitution and law relating to political parties and associated regulations provide strong basis for the parties to keep their MPs in check and under party discipline. There is no existing law or constitutional provision that allows us to choose between what action by an MP attracts party disciplinary measures and what does not. There is no basis to the argument that the disciplinary action against MPs may not be applied selectively for certain clauses of the Constitution. In essence, the political parties are sovereign in their ability to ensure party discipline in Parliament under any and every circumstance.MPs must make a choice between party affiliation and independent vote, and choosing the latter course they have to be subject to discipline for defying the party whip. Voting outside the party decision can mean expulsion from the party, which would ipso facto mean vacating the parliamentary seat in the House. The Maoist Centre has already utilised this authority over its representatives by ousting several members in both the houses of the Federal Parliament and in provincial parliaments.According to the existing system, and as clearly spelt out in the Constitution and the law on political parties, MPs of nationally recognised parties are able to vote of their own volition only when electing the leader of their parliamentary party. Otherwise, in every sphere and activity, MPs are bound by his/her party’s decisions and directives. This principle was seen applied clearly during the proceeding of the just-dissolved HoR last year, when MP Sarita Giri’s seat was instantaneously revoked when she defied her party whip.The process of disciplinary action leading to expulsion is fairly simple. If a request has been formally made by a party to revoke an MP’s membership in the House, the parliamentary secretariat may take no more than 15 days to implement that notice. It should also be noted that other than cases filed in the courts on corruption and specific criminal offences, disciplinary actions against MPs are the prerogative of their parties.Difference between JSP and UML 'independents'Given that the JSP has a structure with two chairpersons, decisions to support or to take action under the party’s constitution require the agreement of both and hence may not be immediately implementable. For this reason, Deuba may get the benefit of doubt. JSP's case here is exactly like that of the erstwhile NCP, about which the Election Commission could not take decisions because of the party's statute requiring consensus between its two chairpersons. The JSP independents therefore may weigh in for Mr. Deuba.However, there would be no confusion in the case of the CPN (UML) dissidents. The President was officially informed before she took her decision that the chair and parliamentary party leader of the CPN (UML) was in a position to act immediately against the MPs who had gone against the party’s decision. This referred to the fact that UML's 26 MPs who supported Deuba's application had already breached their party whip on 10 May by abstention during the vote of confidence Prime Minister Oli had sought.Breach of party whip is one of the several legal conditions for vacating the seat of an MP. Existing laws and party statutes provide this right to all political parties. It thus appears that the list presented by Deuba was clearly fragmented and his claim of majority would have fallen short within the 30-day stipulated timeframe. There was no reason to be confident that the number presented by Deuba would remain intact until the required vote of confidence on the floor of the House. Both claimants, or either one of them, could have thought he would win the vote of confidence after the president appointed him prime minister but before the disciplinary procedure of the relevant party was activated. Or, one or other candidate could have hoped to have the Speaker of Parliament show indulgence and ‘good office’ towards himself in terms of handling the disciplinary proceedings. Such in-party and inter-party conspiracies are necessarily outside the consideration of the president, who will be concerned only with what is written in the law and Constitution.Should the President have verified both lists?The dissident MPs of the UML and JSP supporting Deuba's application are working as minority groups within their individual parties. They have their own claims of legitimacy still to be proven before the competent law. The provisions relating to breakup of parties and related aspects are clearly attracted by the application of both candidates, given that the party decisions of the UML and JSP are on one side while the minority groups of both parties have gone to the other side. Under such circumstances, it is not correct legally or on principle to demand that the President verify the lists of MPs provided by the two applicants. The law as it relates to political parties has set a specific process for the breakup of parties, which also allows minority groups to be sufficiently heard which often becomes a long-drawn process. The president’s office is not the place to utilise certain numbers or groups to divide up parties, it is meant to promote unity among the political parties and the nation generally. The place to decide majority and minority through a counting exercise is the Parliament.  It also goes against the principle of multiparty system of governance to lay claim to dissident minority of members of another political party as ‘independents’. Article 74 of the constitution clearly spells out: ‘The form of government of Nepal shall be multi-party, competitive, federal, democratic, republican, parliamentary form of government based on pluralism.’Both claimants who approached the President should have chosen a different path rather than put her office in a position of controversy. MPs wanting to support one among the two aspirants for the post of prime minister while going against their own party whip should have done so either after completing the party division process, or being able to establishtheir independent status. This would have been the only proper procedure. Even though the House membership of said MPs were intact at the time that the claimants approached the President, given the imminent action by both parties leading at the very least to the expulsion of a number of MPs, it becomes clear why the claims by both candidates did not carry credible ‘basis’ as required for the President’s decision under Article 76 (5).It is evident that the President has taken her decision based not only on immediate or short-term considerations, but with a concern for the future workings of Parliament. Take for instance a situation where because a party’s disciplinary proceedings is delayed for whatever reason and the MPs’ defiance of party whip is recognised, as a result of which one claimant wins the vote of confidence. Such MPs will still be a subject to party action, however, and when that happens the newly formed government will immediately go into minority. Constitutionally, the opposition cannot bring a motion of no-confidence until two years after a new prime minister is elected even if the government is in minority. Under such a situation, the government will not be able to adopt its policies and programs, neither the budget, nor get passage of bills in Parliament – a situation similar to that faced by current Prime Minister KP Sharma Oli. The goal of Parliament is not to create a minority government, or an even weaker one. Instead, the goal of the Constitution is to provide stability rather than weaken the system through repeated election of minority prime ministers. Therefore, the claims of majority placed before President Bhandari by the two aspirants were like blocks of ice under the sun, bound to diminish over time.Either claimant should have been able to present rock-solid majorities and outside of controversies, which would have been according to the spirit of the Constitution. Hence, on the basis of constitutionalism and the principles of parliamentary democracy, President Bhandari denied both applications. Tika Dhakal is Press Adviser to President Bidya Devi Bhandari. The views expressed here are his own.

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60809c7e80680e056e83jpeg.jpg" alt="" width="1500" height="1000"/>President Bidya Devi Bhandari concluded her four-day state visit to Burma on 19 October by inaugurating an exhibition on Lumbini, a UNESCO World Heritage Property, in Yangon’s iconic Shwedagon Pagoda. Nepali foreign minister Predeep Gyawali and Burma's Union Minister for Religious Affairs and Culture Thura U Aung Ko were also present at the event.The exhibition titled ‘Lumbini, Where I was Born’ brings glimpses of the Buddha’s birthplace to the Burmese audience and showcases Buddhist archaeological sites of importance.“It is a great honour to organise an exhibition in Shwedagon Pagoda, the most sacred site in Burma, holding relics of the four previous Buddhas of this era,” said Vice Chair Ven Metteyya Sakyaputta of the Lumbini Development Trust. “Given that three of the past four Buddhas were born in present day Nepal, as recorded by Emperor Asoka’s pillars, there perhaps could not be more ideal venue than this iconic gilded stupa area to showcase Lumbini and the surrounding sacred sites.”The exhibit particularly highlights the pivotal role of <a href="https://www.nepalitimes.com/here-now/u-thant-kenzo-tange-and-the-buddhas-birthplace/" target="_blank" rel="noopener">U Thant</a>, the then Burmese Secretary General of the United Nations, in the development of Lumbini. When Thant first visited Lumbini in 1967, he was moved to tears and was determined to turn the nativity site into an international centre for peace.Read also:<a href="https://www.nepalitimes.com/banner/the-right-path/" target="_blank" rel="noopener">The right path</a><a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/u-thant-kenzo-tange-and-the-buddhas-birthplace/" target="_blank" rel="noopener">U Thant, Kenzo Tange and the Buddha's birthplace</a>, Kunda DixitPlans were drawn, a design was developed and approved, and funds set up. But over the years the masterplan languished due to corruption, poor governance and conflict in Nepal. Now, Thant’s grand vision is finally coming true after 40 years.“Lumbini is not just the birthplace of the Buddha, it is the birthplace of far reaching universal ideas such as tolerance, compassion and peace. In a world ridden with conflict and disillusionment, the universality of the Buddha’s message is even more relevant today,” said Sumnina Udas, founding director of the Lumbini Museum.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60839c7e80680e056e84jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60869c7e80680e056e85jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a608a9c7e80680e056e86jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a608d9c7e80680e056e87jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60919c7e80680e056e88jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60959c7e80680e056e89jpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60999c7e80680e056e8ajpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a609c9c7e80680e056e8bjpeg.jpg" alt="" width="1500" height="1000"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a609f9c7e80680e056e8cjpeg.jpg" alt="" width="1500" height="1000">The exhibition will run until 30th October. It is organised by the Lumbini Development Trust, Nepal as part of the Visit Nepal 2020 campaign and curated by the Lumbini Museum and UNESCO Chair from Durham University.Photos by Zwe Nyi Htet

Lumbini Museum exhibition in Burma

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108111156/636a369c9c7e80680e04831ajpeg.jpg" alt="" width="1400" height="933"/><figcaption>RENEWABLE TRANSPORT: Symbolic gestures like President Bidya Devi Bhandari using an electric limousine, and more practical tax breaks for EVs have won Nepal international praise for a proactive energy policy. However, reforms are still needed to encourage electric public transport. Pic: THE PRESIDENT’S OFFICE</figcaption></figure>Residents of Kathmandu by now know that they breathe some of the <a href="http://archive.nepalitimes.com/page/every-breath-you-take-air-pollution" target="_blank" rel="noopener">dirtiest air in the world</a>. But unlike elsewhere, that awareness has not created the public opinion pressure to <a href="https://www.nepalitimes.com/here-now/open-air/" target="_blank" rel="noopener">force politicians to act</a>.Up to 35,000 Nepalis lose their lives annually due to diseases caused by air pollution. One in every 10 people in Kathmandu suffers from chronic lung diseases like COPD, bronchitis and emphysema. The average life expectancy of Nepalis <a href="http://archive.nepalitimes.com/article/Nepali-Times-Buzz/air-pollution-decreases-life-span,3999" target="_blank" rel="noopener">is reduced</a> by over two and one-half years because of air pollution.“We have seen that electric public transportation <a href="http://archive.nepalitimes.com/regular-columns/guest-editorial/public-transport-is-equal-to-public-health,844" target="_blank" rel="noopener">can improve public health by reducing pollution</a>,” says Sajha Yatayat Executive Director Bhushan Tuladhar. “Recent advances in electric transport provide the solution. What is sorely lacking in Nepal is political will, long-term commitment and strategic planning for electric mobility.”Read also: <a href="https://www.nepalitimes.com/?p=25485&amp;preview=true" target="_blank" rel="noopener">Life in the time of tornados</a>, Ajaya DixitIndeed, Nepal’s policy makers no longer have an excuse to do nothing about air pollution: they can follow the example of China and India and announce a national campaign to switch to <a href="https://www.nepalitimes.com/here-now/cleaner-air-with-greener-buses/" target="_blank" rel="noopener">electric public transport</a>.India is rolling out 7,000 electric buses this year. The Delhi Metro is now powered by solar energy and plans to go fully solar by 2021.All 16,000 public buses in Shenzhen are electric. China has replaced all its petrol two-wheelers with electric motorcycles and scooters.Global demand for electric vehicles is rising rapidly, and manufacturers are having a hard time meeting demand, mainly because of the shortage of lithium ion batteries. The sale of electric vehicles overtook fossil-fuel cars in Norway last month.Read also:<a href="https://www.nepalitimes.com/banner/electri-city-cars/" target="_blank" rel="noopener">Electri-City Cars</a>, Sikuma Rai<a href="https://www.nepalitimes.com/banner/20-electric-by-2020/" target="_blank" rel="noopener">20% electric by 2020</a>, Om Astha RaiHere in Nepal, <a href="https://www.nepalitimes.com/banner/electri-city-cars/" target="_blank" rel="noopener">electric cars</a> now make up 10% all of all new sales. The first 40 Hyundai Kona EV sold out as soon as they arrived, and the next batch of 40 are already booked. In fact, Hyundai launched Kona in Nepal before it did so in Australia and the US. The Korean car-maker listed Nepal as a top priority market in the Asia- Pacific because of tax breaks for electric vehicles here.“We were able to convince the manufacturers that Nepal was ready to go electric because of our hydropower potential and the tax difference between electric and non-electric vehicles that showed a strong government commitment,” explained Nirakar Shrestha of Laxmi InterContinental, which represents Hyundai in Nepal.While the retail price of petrol and diesel reaches up to 261% above the cost price, electric vehicles carry just a 10% tax on the purchase price.  Electric cars are exempt from road tax, which can be Rs30-50,000 per year for fossil-fuel cars. Nepal is the only country in the world with such a huge relative tax difference.Read also: <a href="https://www.nepalitimes.com/banner/from-a-fossil-past-to-an-electric-future/" target="_blank" rel="noopener">From a fossil past to an electric future</a>, Om Astha Rai<a href="https://www.nepalitimes.com/here-now/cleaner-air-with-greener-buses/" target="_blank" rel="noopener">Cleaner air with greener buses</a>, Bhushan Tuladhar<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108111156/636a369f9c7e80680e04831bjpeg.jpg" alt="" width="1500" height="1000"><figcaption> </figcaption></figure>However, there are still challenges to overcome before electric vehicles gain greater public acceptance, including the lack of charging stations, undependable electricity supply, and inadequate parking lots. A fast-charge electric station costs a minimum of $30,000 and can charge only 25 vehicles a day. Establishing one requires a government subsidy as well as a regulator to permit the charging of different EV models.Kathmandu Valley alone has <a href="https://www.nepalitimes.com/banner/poisoning-the-air-we-breathe/" target="_blank" rel="noopener">750,000 motorcycles</a>, which are a major source of toxic gases like carbon monoxide and ozone. Introducing tax incentives for bikes and scooters similar to those for private cars could be a pivotal move. Also, at the moment there is no registration policy on electric two-wheelers, discouraging buyers.In October last year, Prime Minister KP Oli unveiled an <a href="https://www.nepalitimes.com/banner/20-electric-by-2020/" target="_blank" rel="noopener">electric mobility action plan</a>, proposed to transform at least 20% of the fleet of public vehicles into battery-operated ones by 2020. Amidst much fanfare he inaugurated the first five Chinese, BYD electric buses inducted by Sajha Yatayat. President Bidya Devi Bhandari herself has a BYD electric limousine.Last year, <a href="https://www.nepalitimes.com/here-now/mayoral-airs/" target="_blank" rel="noopener">Kathmandu Valley’s 18 mayors gathered for a workshop</a> organised by ICIMOD to discuss an air pollution reduction strategy. Since then, beyond lip service little has been done to establish electric public transport and make emission tests for fossil vehicles more effective.Local and provincial governments have shown an interest in providing financial support to develop electric public transport, but the plans are sketchy and ad hoc. A case in point is the confusing and conflicting proposals for electric bus rapid transit, monorail and light rail transit along the Ring Road. The proposals are restricted to speeches and slogans, but nothing concrete has been done.One reason is the high investment cost of electric public transport, which requires government to step in with subsidies.Over the years, revenue from the Petroleum Tax has grown to a whopping Rs5.2 billion. Some of this could be invested in a clean-energy electric transportation strategy.The Seoul-based Global Green Growth Institute (<a href="http://gggi.org/" target="_blank" rel="noopener">GGGI</a>) has been helping the central government with just such a strategy on electric mobility, and to find potential investors. General Director Frank Rijsberman was in Kathmandu last week to sign an agreement to implement e-mobility in Nepal. GGGI is keen to help Nepal with its first purchase of 300 electric buses for cities across Nepal.  (See interview below)“Operating an electric transport fleet is more complex, requires higher initial investment and more infrastructure than traditional buses, but in the longer-term, renewable energy sources are not only ecologically but also economically viable,” said Rijsberman. “We believe that it is not only the right thing to do but also the best way of growing in the 21st century. In the coming years we hope to see a breakthrough and electric buses on the streets of Kathmandu.”Electric vehicles are now a necessity, not just an environmental statement. Neighbouring India and China have committed to manufacturing only electric automobiles by the year 2030. This means Nepal will be forced to go electric since most vehicle imports are from those two countries.Said Bhushan Tuladhar of Sajha Yatayat: “Like it or not, Nepal will have to go all electric in about a decade. So we may as well start planning for it. That way, the transition will be much smoother, efficient and advantageous.”<h2>Investing in renewables</h2><figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108111156/636a36a29c7e80680e04831cjpeg.jpg" alt="" width="1400" height="799"><figcaption> </figcaption></figure>Frank Rijsberman of the Korea-based <a href="http://gggi.org/" target="_blank" rel="noopener">Global Green Growth Institute</a> was recently in town to sign an agreement with the government and Sajha Yatayat on electric mobility. Nepali Times asked him about the future of electric public transport globally and in Nepal.Nepali Times: Why is your Global Green Growth Institute so involved in electric mobility around the world?Frank Rijsberman: We are a young intergovernmental organisation set up in 2012 with 32 member countries and 20 more in the process of becoming members, like Nepal. We help governments plan green growth, a model of economic development that is both more environmentally sustainable and socially inclusive. In Nepal, we helped the government develop a national electric mobility strategy, and we have also helped members mobilise $1 billion in climate finance.We are also working to make cities greener by managing water, sanitation and solid waste. I met with Nepal’s minister of forests and environment and he asked us if we could start working on forests as our next priority. We have done similar work in Indonesia and Myanmar, and that is likely to be our next priority here.Do you see Asian countries moving towards renewable energy?It is challenging to switch from big investments in coal and nuclear energy, because all those investments have become stranded assets. China and India are making enormous progress in renewable energy. Many other Asian countries are a bit behind — Vietnam is still planning to build 25 new coal fire power plants. We are working with governments to introduce large-scale renewable energy sources. The private sector will invest only if the government has the right policy, so we work with governments for that.Read also: <a href="https://www.nepalitimes.com/here-now/from-playing-victim-to-proactive-leadership-on-climate/" target="_blank" rel="noopener">From playing victim to proactive leadership on climate</a>How can Nepal mitigate on carbon, while adapting to climate change?Adaptation is still very much the number one priority for Nepal but it must grow to middle-income status by 2030, without increasing emissions, by investing in renewable energy. This is now the cheapest form of energy and decentralised solar energy is a much easier way to reach remote communities that were very poorly served by a centralised grid.So I would call it adaptation with mitigation co-benefits. It may well be possible to trade those emissions with countries that should reduce more but cannot on their own. You can have mitigation measures too, but the first priority for countries like Nepal that rely on agriculture is to make sure that society is no longer vulnerable and is more resilient to climate change.Also, many governments still want growth. But the quality of growth really matters; it should be environmentally sustainable. It used to be the right thing to do, but being sustainable is also commercially attractive.What progress are other Asian countries making to become low-carbon economies?China has become a real leader in electric transport. Shenzhen is the first city in the world with an all-electric fleet of buses. Beijing has also taken big steps in curbing air pollution. India has also made considerable progress in renewable energy. The next big thing will be energy efficiency in buildings.What are the prospects for electric public transport in Nepal?We have done electric bus projects in a number of countries and while it is more expensive initially, and also for infrastructure like charging stations and batteries, its operational cost is much cheaper. We are helping the Nepal Government find interested investors, and hope to see a breakthrough in coming years with electric buses on the streets of Kathmandu.

Sonia Awale

Nepal’s electric transport future is here

Fenerbahçe Beko won the Turkish Airlines EuroLeague finals in Abu Dhabi, held 23-25 May, defeating Monaco 81-70 in the final. Olympiacos, who defeated Panathinaikos 97-93, finished the series in third place. The Most Valuable Player (MVP) of the final match, Nigel Hayes-Davis from Fenerbahçe Beko, received a prize of 1,000,000 Miles&amp;Smiles from Turkish Airlines’ Chief Commercial Officer Ahmet Olmuştur. The carrier has been the title sponsor of the Turkish Airlines EuroLeague, a top tier tournament, since 2010.

Turkish Basketball

In the black and white photograph, General Wangdu smiles broadly in front of the dusty cactus garden in Kathmandu’s Annapurna Hotel. With an ill-fitting jacket and shaggy hair he looks benign enough, but this was the last leader of the Tibetan freedom fighters who led the resistance against the Chinese from their remote mountain hideouts in <a href="https://nepalitimes.com/here-now/comings-and-goings-in-mustang">Mustang</a>. Five months later, Wangdu was dead. Snapped in March 1974, I had only recently arrived in Nepal. How did I meet this legendary fighter? Possibly with his devoted camp follower, Lynne Klapecki, and probably in the Om Restaurant near Freak Street which was the preferred <a href="https://nepalitimes.com/banner/hippie-trail-nostalgia-in-kathmandu">hippie hang-out</a>. Om Lobsang and his brother Yeshe were <a href="https://archive.nepalitimes.com/page/earthquake-brings-back-memories-of-camps-for-tibetan-refugees">refugees from East Tibet </a>whose cafe offered a friendly welcome and<a href="https://nepalitimes.com/multimedia/momo-loco"> the best momos</a> - they became my in-laws after I married their eldest brother Tenzin, but that was a decade later.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_4573b34282b0f5395c007243d6bef12c7ba76bfd520419e994cdcea048d795a1.jpg" data-media-id="editor_4" data-image-id="2025052403054_4573b34282b0f5395c007243d6bef12c7ba76bfd520419e994cdcea048d795a1" data-rendition-name="original" width="1000" height="1583" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>Photo: LISA CHOEGYAL</figcaption> </figure>  Wangdu’s English was enthusiastically rudimentary, but even riding around town with him on the back of an aging <a href="https://nepalitimes.com/here-now/kathmandu-s-new-motorbike-museum">motorbike</a>, he was a commanding presence. Always flanked by armed outriders, impressive scars marked his forearms and a pistol hung from the cord around his neck. A charismatic guerrilla leader, Wangdu was celebrated by his followers for his tough commitment and respected for his measured pragmatism. He seemed so young to have shouldered such a responsibility of command, leading hundreds of hardened <a href="https://archive.nepalitimes.com/article/nation/50-years-after-the%20raid-into-Tibet,1012#google_vignette">Khampa combatants </a>through what had been a particularly <a href="https://nepalitimes.com/news/heavy-snowfall-over-nepal-himalaya">brutal winter in Mustang</a>, the last bastion to hold out against the Chinese invasion of their Tibetan homeland.&nbsp; The freedom fighters of Tibet, known as the Chushi-Gangdruk, had emerged to resist the <a href="https://nepalitimes.com/editorial/territorialism">Chinese takeover</a> of Tibet during the 1950s. Estimated to be 80,000-strong at the time of <a href="https://nepalitimes.com/here-now/what-or-who-after-the-dalai-lama">the Dalai Lama</a>’s final escape to India in 1959, the sheer number of Chinese deployed into Tibet eventually forced the Chushi-Gangdruk to retreat to Mustang, From this high Himalayan stronghold, they continued cross-border raids on the Chinese People’s Liberation Army (PLA) throughout the 1960s.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_8a4a935ba25ae79dc3a63bb5c14626927020e5ec098093c45ccb9a5982e009fd.jpg" data-media-id="editor_10" data-image-id="2025052403054_8a4a935ba25ae79dc3a63bb5c14626927020e5ec098093c45ccb9a5982e009fd" data-rendition-name="original" width="1114" height="676" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>Guerrillas known as the Chushi-Gangdruk emerged to resist the Chinese annexation of Tibet during the 1950s. Photo courtesy: MIKEL DUNHAM</figcaption> </figure>  Their Kathmandu base was a small discreet lodge in a back lane near Rani Pokhari. Sipping sweet tea from a blue mug with a chipped lid, I sat bemused in a corner of the Mustang Hotel room whilst Wangdu and his cohorts received a battered brown suitcase from their CIA connection, a tousle-haired American in a leather jacket. Heaved onto the dingy bedspread that covered the thin mattress, it was clicked open to reveal piles of neatly stacked dollar bills.&nbsp; I cannot think why Wangdu allowed me to witness this handover but I was clearly no threat, a newly arrived world traveller with no understanding of the stakes nor any Nepali or <a href="https://nepalitimes.com/multimedia/tibetan-music-in-nepals-sacred-valley">Tibetan language</a>. Despite armed guards in the corridor,Wangdu radiated confidence and bravado, and there was a practiced familiarity to the tense transaction. This deadly dance for many years had been funded by the Americans, tolerated by <a href="https://nepalitimes.com/here-now/the-kingdom-within-a-republic">Mustang’s residents</a>, and permitted by King Mahendra and the Nepali authorities who it suited to turn a blind eye.&nbsp; But Mahendra died in 1972, and times were changing. Richard Nixon’s ping-pong diplomacy thawed the cold war and signalled a fresh entente with China. Nepal’s yet-to-be-crowned <a href="https://nepalitimes.com/here-now/if-birendra-was-alive-nepal-could-still-be-a-monarchy">King Birendra </a>was under pressure to curb the irritating incursions against the PLA launched from the Nepali territory of Mustang. Keen to appease his northern neighbour, on several occasions the King summoned Wangdu for peace talks but, despite increasingly overwhelming odds, Wangdu refused to surrender.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_a8efd5cfb92cd997bd7cb74296a936fef46e2f7428f9cd642b03f1ac4ea11ecb.jpg" data-media-id="editor_14" data-image-id="2025052403054_a8efd5cfb92cd997bd7cb74296a936fef46e2f7428f9cd642b03f1ac4ea11ecb" data-rendition-name="original" width="1055" height="885" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>General Wangdu flanked by two Tibetan resistance fighters in Mustang in the 1970s. Photo courtesy: MIKEL DUNHAM</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_75969125a745847a2ef82b6fe8b9106c0b21a116d85b8efdf5d2ee89a347bb31.jpg" data-media-id="editor_15" data-image-id="2025052403054_75969125a745847a2ef82b6fe8b9106c0b21a116d85b8efdf5d2ee89a347bb31" data-rendition-name="original" width="1044" height="792" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>King Birendra with General Wangdu (right in dark glasses) taken in 1974 possibly in Mustang after one of their few attempts at negotiation. Photo courtesy: RAJRNDRA KUNWAR</figcaption> </figure>  While I naively rode pillion around Kathmandu in the spring sunshine, Wangdu was in the midst of what turned out to be his final round of negotiations with the Nepal government. Refusing to cease hostilities with the Chinese, Wangdu must have suspected the cost of his decision, making his cheerful smile in the photograph all the more poignant and brave. It was only much later that I appreciated the significance of the moment. Wangdu had been sent to replace the first resistance leader in Mustang, Baba Gen Yeshe, a much derided corrupt character who stole money meant for his troops and exploited fleeing refugees by seizing their treasures. Baba Gen Yeshe never forgave Wangdu,and sought revenge in May 1974 by betraying him and his commanders to the Nepal authorities. Renewed Chinese incursions from the north, active PLA collusion with the Nepali forces under the new King, and treachery from within the Chushi-Gangdrukranks combined to seal their fate.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_e0987a7c90d76431b0d7d5e6115ebfe3dbda7ab939e5941e079c18d722e884c0.jpg" data-media-id="editor_16" data-image-id="2025052403054_e0987a7c90d76431b0d7d5e6115ebfe3dbda7ab939e5941e079c18d722e884c0" data-rendition-name="original" width="1400" height="769" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>British television journalists George Patterson and Adrian Cowell embedded themselves with Khampa guerrillas and accompanied them from Tsum Valley on a cross border raid on a Chinese Army convoy in 1964. Photo: ESSAYS ON NEPAL / SAM COWAN</figcaption> </figure>  Mikel Dunham, renowned author of Buddha’s Warriors, writes: ‘It is possible that Wangdu was waiting for some cue from the Dalai Lama’s government-in-exile in Dharamsala, India. It is equally possible – during that last, <a href="https://nepalitimes.com/multimedia/the-human-cost-of-nepal-s-yarsa-gold-rush?fbclid=IwZXh0bgNhZW0CMTEAAR31-Cqw8oyIwMPzf_35e4Skr0ululJvLf3_vDkzHn-AYG2h8uPw2rqqErg_aem_tGVn5coY1-jA7fze_xqhew">desolate winter </a>– that he made the decision to go out in glory rather than admit defeat. Over the last fifteen years, Wangdu had experienced Tibet’s organized resistance being squeezed and shoved around by every conceivable outside force.&nbsp; First they had been pushed out of their own country by the PLA; then they had been refused sanction while on <a href="https://nepalitimes.com/opinion/borderlines/nepal-india-trans-boundary-bonds?fbclid=IwAR0PpJ5zUEbwdug3g_U3ar6FUugngRY0S8Tl2v_7wqzrsHmXWcXsKjvL4t4">Indian soil</a>; then they were abandoned by the Americans because, apparently, Nixon wanted to make friends with Wangdu’s mortal enemies, the communists; then they had been betrayed by the vampiric Baba Gen Yeshe – a Tibetan and, even worse, a fellow Khampa; and now, finally Wangdu’s army was being evicted by the Nepalis. One thing was certain: Wangdu was a warrior. To imagine Wangdu simply giving up and settling down in the pacific squalor of a <a href="https://nepalitimes.com/here-now/elderly-left-in-bhutan-refugee-camp">refugee camp </a>was unthinkable.’  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_8fc1ffef4ae751628b90ae781b66e11e51e4fdde2787207c9042efbee345ce49.jpg" data-media-id="editor_20" data-image-id="2025052403054_8fc1ffef4ae751628b90ae781b66e11e51e4fdde2787207c9042efbee345ce49" data-rendition-name="original" width="500" height="746" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>The much derided Baba Gen Yeshe, the first Tibetan resistance leader in Mustang, who betrayed Wangdu for personal gain. Photo courtesy: MIKEL DUNHAM</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025052403054_b1d833cdb00d3ac4416b844d8730475cd88c238caaaf8da69889a584eea229a3.jpg" data-media-id="editor_21" data-image-id="2025052403054_b1d833cdb00d3ac4416b844d8730475cd88c238caaaf8da69889a584eea229a3" data-rendition-name="original" width="500" height="656" loading="lazy" alt="The last days of the Khampa NT"> <figcaption>Aditya SJB Rana of the Royal Nepal Army whose team ambushed Wangdu and his cohorts at the top of Tinker Pass in Darchula, West Nepal. Photo courtesy: GAUTAM SJB RANA</figcaption> </figure>  By August 1974 the game was up. Wangdu and six of his exhausted party were killed on their horses by <a href="https://archive.nepalitimes.com/news.php?id=7270">the Royal Nepal Army</a> on the brink of escape. The officer in charge, Aditya SJB Rana, cleverly predicted their route into India after they failed to silence a police radio in Yari. A carefully laid ambush trapped them near the summit of the Tinker Pass in Darchula,at 5,000 meters the highest military operation of its time. Wangdu’s body was helicoptered to Kathmandu, and a big show made of the royal Nepal victory.&nbsp; The Tibetan armed insurgency against China had reached its end.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250524030520_3ff9c6fc85a65bc9a2c3afe9736d9f5f9413de752e790a5d9dca0981ea94f9b4.jpg" data-media-id="editor_23" data-image-id="20250524030520_3ff9c6fc85a65bc9a2c3afe9736d9f5f9413de752e790a5d9dca0981ea94f9b4" data-rendition-name="original" width="1136" height="702" loading="lazy" alt="The last days of the Khampa NT"> </figure>

The Last Days of the Khampa

Starting 17 September Turkish Airlines will fly daily to Seville, one of Spain’s major tourist draws. This is Turkish’s sixth destination in Spain after Madrid, Barcelona, Valencia, Malaga, and Bilbao. Seville is in the Andalusia region on Spain’s south coast with a rich Moor history. There are approximately 30,000 Nepalis living in Spain.&nbsp;

Turkish to Seville

The newly-formed Himalayan Art Council is set to launch Nepal’s National Art Protection Platform that seeks to preserve <a href="https://nepalitimes.com/banner/the-history-of-heritage">Nepal’s unique cultural heritage </a>using<a href="https://nepalitimes.com/here-now/artificial-censorship"> AI-powered tools</a>. The Council seeks to safeguard <a href="https://nepalitimes.com/banner/nepali-art-going-places">Nepali art works</a> from neglect, theft and counterfeiting as well as preserve existing artwork and celebrate living masters by giving them a cultural space to continue the <a href="https://nepalitimes.com/banner/sacred-survival">sacred art traditions</a>. "We are introducing a new digital platform designed to preserve, verify and elevate <a href="https://nepalitimes.com/banner/nepals-new-generation-of-alternative-artists">Nepal’s art for generations to come,</a>” says a statement from the Council, adding that the digital platform will use AI told for authentication and blockchain to keep track of works of art. Artists can now be protected by <a href="https://nepalitimes.com/multimedia/ayo-ai?fbclid=IwAR1uwmTVq4gUB70ljfRezjzukD9ArWXPuMnUikopeQ8PoiZMjicToPSwhKE&amp;=1">AI tools</a> that detect forgeries, identify their work even when unsigned, and ensure they receive proper recognition and credit. The archives will be searchable with translated inscription and interactive guides. Says curator Meena Lama: “AI and blockchains are tools that give us the power to detect fakes and identify unsigned paintings and track every piece. With these tools we can restore trust, secure authorship and give artists the dignity they deserve.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250514170544_2ab58f6313c0458f75114a692b0016bd9efb3b59d5f8f07f0da72e1e37b82f53.jpg" data-media-id="editor_6" data-image-id="20250514170544_2ab58f6313c0458f75114a692b0016bd9efb3b59d5f8f07f0da72e1e37b82f53" data-rendition-name="original" width="1300" height="1000" loading="lazy" alt="Artwork at the Traditional Art Exhibition at Patan Museum."> <figcaption>Artwork at the Traditional Art Exhibition at Patan Museum.</figcaption> </figure>  The Council is also holding an exhibition of Nepali cultural masterpieces with 50 historical <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/Buzz-the-art,671">thangka and paubha </a>by past masters and <a href="https://nepalitimes.com/review/between-the-sacred-and-everyday">contemporary works by current artists</a>. This curated collection is a living tribute to <a href="https://nepalitimes.com/here-now/when-yaks-go-so-does-culture">Himalayan culture</a> with economic depictions of deities, mandala and sacred narratives. The exhibition at <a href="https://nepalitimes.com/multimedia/a-portal-into-patan-s-past-and-present">Patan Museum</a> also provides an opportunity to meet painters and custodians of art and culture. Read also: <a href="https://nepalitimes.com/review/golden-deities">Golden deities</a>, Sewa Bhattarai ‘The exhibition is only the first step in a long journey to ensure that Nepali art is no just seen but fully understood, <a href="https://archive.nepalitimes.com/article/nation/Narratives-of-Faith-and-Memory-Remembering-the-Lost-Sculptures-of-Kathmandu-exhibition,987">protected and remembered</a>,’ the Council says. Artist Kailash K Shrestha of Artudio has spent decades promoting thankha and paubha traditions because of their beauty and devotional meaning. But he also says artists are underpaid, exploited and ignored. He adds, “AI and blockchain are not just buzzwords, they are powerful tools that can protect Nepal’s artists from fraud, verify authenticity and build a permanent record of provenance.” Traditional Art Exhibition Till 17 May Patan Museum

bidya-devi-bhandari

Reinstate, remove, repeat

Oli's gambit

Interpreting Article 76 (5) of Nepal’s Constitution

Interpreting Article 76 (5) of Nepal’s Constitution

Lumbini Museum exhibition in Burma

Nepal’s electric transport future is here

Turkish Basketball

The Last Days of the Khampa

Turkish to Seville

Digital protection for Nepal’s art