<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131144/637238d49c7e80680e0c73aajpeg.jpg" alt="" width="2048" height="1366"/><figcaption>Photo: SUMAN NEPALI</figcaption></figure>President Bidya Devi Bhandari failed to authenticate an amendment bill to Nepal’s Citizenship Act by deadline on Tuesday 20 September, rendering it null and void. The bill had passed back and forth between Parliament and President’s office, before its rejection by a ceremonial head of state. It is seen by most experts as an unconstitutional move, and retaliation for Parliament’s refusal to deliberate her 15-point request for review.It is also proof of the deep polarisation ahead of elections between President Bhandari, who is close to the opposition UML, and the government. Passage of the bill would have been popular with the Tarai vote bank for the 5-party governing coalition, while the UML will hope to cash in on the opposition to the bill among many voters in the mountains.Understandably, coalition members were unified in their denouncement of the President allowing the bill to lapse after Parliament was already dissolved ahead of elections.‘This unconstitutional move by the President is a gross insult to Nepal’s federal Parliament elected by the people,’ reads a statement co-signed by leaders of four parties in government. The fifth coalition partner, Rastriya Janamorcha, did not sign, with its chief Chitra Bahadur KC casting strong reservations.In an unprecedented move, the Maoist-appointed Vice-president Nanda Bahadur Pun also condemned President Bhandari’s failure to certify the amendment. Interestingly, Maoist leader Narayankaji Shrestha wanted to have it both ways, tweeting: ‘The president does not have the right to go against the Constitution, but we agree with a lot of the points she has raised about the bill.’Read also: <a href="https://www.nepalitimes.com/editorial/rule-of-the-lawless/">Rule of the lawless</a>, EditorialThe amendment would have allowed hundreds of thousands of Nepalis, especially in the Tarai, to finally obtain citizenship papers. But many activists had said the bill’s restrictions on citizenship for children born to single mothers, and the process of obtaining naturalised citizenship were discriminatory towards women.Former Law Minister Nilambar Acharya said that the Citizenship Bill was too sensitive and nuanced for knee-jerk, one-sided reaction.“The fact is that the House of Representatives passed the amendment bill without deliberating the President’s 15-point request for clarification,” Acharya said. “And should a Parliament that is about to reach its term take decisions on issues of long-term national interest? The new Parliament should have been entrusted with that.”Indeed, the bill has already become an election issue. Student wings affiliated with coalition parties took to the streets in protest (pictured) burning effigies of the President, while unions affiliated with the UML rallied with placards that read ‘salute to the President who stands up for the nation and nationalism’.With citizenship becoming a battle for populist vote-gathering, the row has over-shadowed moves by the governing coalition which also went against constitutional values. The closed list of proportional representation (PR)  candidates presented Monday included the Prime Minister’s wife, Arzoo Deuba, former NC minister Bimalendra Nidhi and Maoist former speaker Krishna Bahadur Mahara.The PR system is actually meant to ensure that communities on the socio-political fringes get represented in decision-making. But the candidates on the list have perpetuated the status quoist, transactional, and nepotistic nature of Nepali politics.Read also: <a href="https://www.nepalitimes.com/editorial/affirmative-inaction/">Affirmative inaction</a>, Editorial

Shristi Karki

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President’s precedent

<img width="800" height="466" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131124/637234439c7e80680e0c4924jpeg.jpg" alt=""/>The House of Representatives is set to pass an amendment bill to the Citizenship Act of 2014 after President Bidya Devi Bhandari earlier this week returned it for a review along with a 15-point message.This is the first time the President has sent back a bill passed by both Houses since Nepal adopted a federal Constitution in 2015. She was using a constitutional provision that the President can ratify a bill passed by both Houses of Parliament within 15 days, or send it back for reconsideration.As per Article 113(3) of the Constitution, the President can send bills except one concerning financial matters submitted for ratification to the respective Houses for review.“The Constitution has given the President the authority,” says constitutional expert Bipin Adhikari. “Now Parliament must seriously deliberate on the 15-points sent forward by the President.”In her nine-page message, the President raised concerns over the provision of self-declaration, the right to privacy, and dignity of mothers. The document also says that there needs to be a historical overview of the drafting processes of the citizenship law, and has requested a detailed study before amending the law.President Bhandari also suggested discussing the report presented by the State Affairs Committee of Parliament before passing the amendment, pointing out the need for a long-term solution to the controversial issue of naturalised citizenship.According to Article 304 of the Constitution, the acts and regulations that are in conflict with the current Constitution became invalid after 18 September 2016. But it was not until this year that the government started working on the amendment to the Nepal Citizenship Act 2014.Seven years after the promulgation of the Constitution, Minister of Home Affairs Bal Krishna Khand registered the draft Bill in Parliament and it was passed by both Houses less than a month later. The debate on a serious issue like citizenship did not even last three weeks, and House Speaker Agni Sapkota did not think it necessary to send the bill to the parliamentary committee for discussion.Experts say Speaker Sapkota forgot his constitutional role and simply followed the instructions of his bosses in the Maoist party and other leaders of the ruling coalition. Earlier this year, Sapkota had not allowed the US funded Millennium Challenge Corporation (MCC) compact to be presented in the House until Maoist Chair Pushpa Kamal Dahal gave the go-ahead. The Citizenship Bill too seems to have been passed after he got his party’s green light.“It was wrong to fast track a subject like citizenship,” says Adhikari. “If it had been sent to the parliamentary committee there would have been enough discussion. It isn’t something that should have been passed without proper discussion.”According to Adhikari, the President returned the Bill after consultations with the Prime Minister, providing an opportunity for the much-needed discussion. The matter is complicated because the coalition partners see President Bhandari as being close to former prime minister K P Oli of the opposition UML.The amendment itself has become a polarising issue. Although thousands of Nepalis, mostly living in the Tarai, will finally get their citizenship papers, critics have said the coalition has tried to appease the Tarai vote bank ahead of elections. But the amendment perpetuates gender discrimination by making it more difficult for Nepalis to get citizenship in the name of their mothers, whereas it is easy to get one in the name of their fathers.“We can’t say that the President has taken a position. She has not issued an order, she has sent the legislative branch a reminder. We cannot compromise on national issues for the sake of speeding things up,” Adhikari says.The Office of the President says discussions were held with Prime Minister Deuba, Law Minister Govinda Bandi, the Attorney General, leaders of the ruling party, as well as other stakeholders.“As far as we know, the President also consulted people without citizenship, experts as well as both the supporters and opponents of the Bill,” says Tika Dhakal, the President’s communication adviser.Senior advocate Satish Krishna Kharel says that although the draft Citizenship Bill is progressive compared to the past because it addresses the problems of non-resident Nepalis to a certain extent. “However, the bill is flawed in terms of gender equality,” he adds.The Bill sent back to Parliament for reconsideration states that children born to a Nepali mother whose father cannot be identified can get citizenship by descent only when a self-declaration is made that the father ‘is not known’. Experts say that this clause holds stigma and is an insult to mothers.Likewise, whereas a foreign woman married to a Nepali man will be granted citizenship immediately, there is no provision to grant citizenship to foreign men living in Nepal after marrying a Nepali woman.Advocate Meera Dhungana says that naturalised citizenship should be given to foreign men married to Nepali women even if it means having criteria such as minimum period of residence in Nepal and renouncing the citizenship of the country of origin.“The bill should be ratified only after removing those gender discriminatory sections,” she says.It also seems that some leaders of the ruling party are trying to make the retraction of the bill a political matter, and started a media trial to send it for re-verification as it is without addressing President Bhandari’s concerns.Analysts however say that the President’s decision is an opportunity to improve on the draft Bill as it will help to address its shortcomings.Former Speaker Daman Nath Dhungana says that ratifying the Bill as it is could backfire on the ruling coalition. He suggests having proper discussions over the points sent by the President, and adds: “Trying to send a Bill without addressing the President’s 15 points of concern is against the dignity of both the President and Parliament."

Coalition set to snub President Bhandari

<figure><img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee429c7e80680e09ae16jpeg.jpg" alt=""/><figcaption>All photos: AMIT MACHAMASI</figcaption></figure>An alliance of five political parties and factions opposed to Prime Minister K P Oli’s <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer">dissolution of the House and call for early elections </a>have approached the Supreme Court with a writ petition to have the move overturned. The five who went to the Supreme Court on Monday included the Nepali Congress (NC), Maoist Centre (MC), the Yadav-Bhattarai faction of the Janata Samajbadi Party (JSP) and dissidents from Oli’s own UML, as well as the 146 signatories.PM Oli's UML immediately evicted 11 rebel members including Madhav Kumar Nepal, Jhalnath Khanal and Bhim Rawal from the party, and asked 12 others for a clarification within 24 hours. The writ petition asks the Court to rule that since Sher Bahadur Deuba of the NC had <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/">staked his claim</a> to form the new government with a majority in Parliament, he should be appointed prime minister. It also asks that since the House dissolution was un-constitutional, it should be reinstated. All signatories from the five groups were present at the Court to register the petition, led by Deuba, MC Chair Pushpa Kamal Dahal, UML’s Madhav Kumar Nepal and JSP’s Upendra Yadav, and Durga Poudel of the Janmorcha. However, only 23 of the 26 who were originally with the Nepal faction signed. <img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee449c7e80680e09ae17jpeg.jpg" alt="">Meanwhile, the main JSP led by Mahanta Thakur and Rajendra Mahato has decided to join K P Oli’s election government after being assured of seven ministerial portfolios. The party took the decision after the Cabinet got President Bhandari’s seal of approval on an ordinance passing a bill that would grant citizenship by descent to children of Nepali parents — a long-standing demand of the Mahdesi community.Although Oli and his party had vehemently opposed the bill last year, saying that it would allow Indians to marry Nepalis and for their children to be citizens, it appears that he has agreed to it now to save his government. The other JSP demand for the release of MP Resham Chaudhary, who has been detained for the massacre of policemen Tikapur in August 2015, has not yet been met.The latest political crisis in Nepal in the middle of a raging Covid-19 second wave started when President Bidya Devi Bhandari gave parties in Parliament 21 hours on Wednesday to stake their claim to form the next government because Prime Minister Oli said he could not get majority support from MPs.  <img width="720" height="480" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee469c7e80680e09ae18jpeg.jpg" alt=""><img width="640" height="427" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee489c7e80680e09ae19jpeg.jpg" alt=""><img width="960" height="641" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee4a9c7e80680e09ae1ajpeg.jpg" alt=""><img width="750" height="500" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee4c9c7e80680e09ae1bjpeg.jpg" alt=""><img width="720" height="480" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cee4f9c7e80680e09ae1cjpeg.jpg" alt="">However, after the NC, MC and the JSP and UML factions collected 149 signatures, Oli rushed to Shital Niwas to put forward support of all members of his UMl and the JSP, even the ones who had sides with the opposition coalition. This was seen by many as a violation of the constitution.President Bhandari on Saturday 2AM dissolved Parliament and called fresh elections in November, because she said neither side had fulfilled the requirement to form a new government.In the past two days, the prime minister and president have come under blistering attack from not just the opposition, but a cross section of civil society and media commentators. The student wing of the NC has been staging small protests in the capital despite the lockdown, burning Prime Minister Oli and President Bhandari in effigy.  <figure><img width="960" height="637" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee519c7e80680e09ae1djpeg.jpg" alt=""><figcaption>A student group trying to burn the prime minister and president in effigy were apprehended by police on Sunday. Photo: Amit Machamasi</figcaption></figure>Nepali Times discussed recent political developments with Nepal’s politicians. <img width="113" height="164" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee549c7e80680e09ae1ejpeg.jpg" alt=""><h2>"There was no choice but to dissolve parliament" Niru Pal, CPN (UML)</h2> PM Oli was not able to get a vote of confidence per article 76 (4) of the constitution, and as such, Parliament was not able to come up with a solution. The opposition had been setting up constant roadblocks against PM Oli, all the while failing to establish a majority to form a government. Consequently, a government could not be formed as per Article 76 (5) of the Constitution either. We got word that MPs from our party had signed in favour of Sher Bahadur Deuba to become prime minister as if this were an independent political system. However, 11 of them have issued a statement alleging misuse of signatures. Therefore the government had no choice but to dissolve Parliament.I find some absurd and unnecessary criticism of PM Oli. Those critics are also well aware that the President is not an executive, and had no grounds to block the recommendation of the caretaker Prime Minister. The President would have made the same decision even if it were Sher Bahadur Deuba in PM Oli’s position. She has decided based on the spirit of the constitution. <h2>"An Oli-led election will self-destruct" Ganesh Shah, Maoist Centre</h2> PM Oli’s loyalists and his opponents have become polarised. The opposition was unable to take unified and effective action against PM Oli’s unconstitutional move, which is the result of his ambition and arrogance. The first parliament dissolution was a blow to our Constitution, but this dissolution might be its death knell.  <img width="172" height="248" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee559c7e80680e09ae1fjpeg.jpg" alt="">Civil society and the backers of the Constitution and democracy must fight against this political regression with a unified front. The legal process will not be enough — Parliament must be re-established through political initiative. The chances of an election taking place are slim. Moreover, an election under Oli’s leadership will be self-destructive. Any election at this point must be held only after a re-instated Parliament elects a new Prime Minister. <img width="170" height="246" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee569c7e80680e09ae20jpeg.jpg" alt=""><h2>"The PM always wanted to dissolve parliament" Rachana Khadka, CPN (UML)</h2> PM Oli always wanted to dissolve parliaments and he did — twice.  Even after the Supreme Court reinstated the lower House in January, all of his recent political moves showed he was going to do it again. The decision to dissolve a Parliament in which he once held a majority is ironic. It goes against the spirit of the Constitution.Moreover, the legitimacy of the President’s office has also come into question. We have a system of checks and balances to ensure that our political institutions hold one another accountable if mistakes are made. As such, the office of the President does not exist to do the prime minister’s bidding.Hundreds of Nepalis are dying due to Covid-19 every day. The primary focus at this time should have been to save lives. Dissolving the parliament at a time like this is like dancing over the pyres of Nepalis. The state elections in India contributed to the spread of the virus over there. We should have learned our lesson from our neighbours. <h2>"Parliament dissolution is constitutional" Ashok Vyanju, President, Municipal Association</h2> This is the result of the inability of a democratically elected institution to facilitate nation-building, inter-political coordination and balance. The dissolution of Parliament and announcement of elections came after it was not possible to form a government constitutionally. The decision is therefore absolutely constitutional. The election will  make it possible to pursue a fresh mandate after our political problems are resolved. <img width="149" height="215" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee579c7e80680e09ae21jpeg.jpg" alt="">Some have wrongly questioned the possibility of an election during a pandemic. India, South Korea, Japan, and other countries successfully conducted elections in the middle of the pandemic. We must be able to combat the virus and resolve our political problems simultaneously. <img width="176" height="250" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee589c7e80680e09ae22jpeg.jpg" alt=""><h2>"Legal and political measures must be followed" Dila Sangroula, Nepali Congress</h2> The incumbent Prime Minister had to take a vote of confidence within 30 days or resign as per article 76 (3) of the constitution. Even then, the NC, MC, and JSP coalition along with the Nepal faction of the UML had collected 149 signatures to form a new government following the president’s directive.However, the signatures to appoint Sher Bahadur Deuba the Prime Minister were considered illegitimate. The subsequent decision to dissolve parliament at midnight was unconstitutional, undemocratic and reactionary. Legal and political countermeasures must be pursued to undo it.The announcement of mid-term elections during a pandemic, when Nepalis are dying due to a scarcity of oxygen and ventilators, is nothing but a political drama staged by Oli in an attempt to hold on to power.  Why are we enabling this instead of trying to save lives? <h2>"A free and fair election must be ensured" Mohan Shrestha, RPP</h2> The two major Communist parties failed to deliver on the promises made when they were elected into government. NC and RPP are not to blame for their failure. As such, it is better to go to the polls than to continue like this. All of our political parties should establish an understanding as we move forward, and a free and fair election must be ensured. <img width="117" height="168" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee599c7e80680e09ae23jpeg.jpg" alt="">We are in favour of the election, and an official statement from the RPP will come soon. However, we have no involvement in the polarised politics on both sides, and will not participate in any anti-Oil protests. West Bengal and the United States conducted elections during the pandemic. We must follow all safety protocols pertaining to the pandemic and do the same.  <img width="318" height="376" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131128/636cee5a9c7e80680e09ae24jpeg.jpg" alt=""><h2>"We must form a new party" Asta Laxmi Shakya, CPN (UML)</h2> After the Supreme Court overturned the NCPO, we came back to UML. But (PM Oli) did not give us any importance. He is still ignoring us. We cannot rely on Oli, we have to forge a new path. We have to form a new party, and not prolong this uncertainty.

Political ball now in Nepal’s Supreme Court

<figure><img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86329c7e80680e067839jpeg.jpg" alt=""/><figcaption>All photos: AMIT MACHAMASI</figcaption></figure>An alliance of five political parties and factions opposed to Prime Minister K P Oli’s <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer">dissolution of the House and call for early elections </a>have approached the Supreme Court with a writ petition to have the move overturned. The five who went to the Supreme Court on Monday included the Nepali Congress (NC), Maoist Centre (MC), the Yadav-Bhattarai faction of the Janata Samajbadi Party (JSP) and dissidents from Oli’s own UML, as well as the 146 signatories.PM Oli's UML immediately evicted 11 rebel members including Madhav Kumar Nepal, Jhalnath Khanal and Bhim Rawal from the party, and asked 12 others for a clarification within 24 hours. The writ petition asks the Court to rule that since Sher Bahadur Deuba of the NC had <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/">staked his claim</a> to form the new government with a majority in Parliament, he should be appointed prime minister. It also asks that since the House dissolution was un-constitutional, it should be reinstated. All signatories from the five groups were present at the Court to register the petition, led by Deuba, MC Chair Pushpa Kamal Dahal, UML’s Madhav Kumar Nepal and JSP’s Upendra Yadav, and Durga Poudel of the Janmorcha. However, only 23 of the 26 who were originally with the Nepal faction signed. <img width="960" height="640" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86359c7e80680e06783ajpeg.jpg" alt="">Meanwhile, the main JSP led by Mahanta Thakur and Rajendra Mahato has decided to join K P Oli’s election government after being assured of seven ministerial portfolios. The party took the decision after the Cabinet got President Bhandari’s seal of approval on an ordinance passing a bill that would grant citizenship by descent to children of Nepali parents — a long-standing demand of the Mahdesi community.Although Oli and his party had vehemently opposed the bill last year, saying that it would allow Indians to marry Nepalis and for their children to be citizens, it appears that he has agreed to it now to save his government. The other JSP demand for the release of MP Resham Chaudhary, who has been detained for the massacre of policemen Tikapur in August 2015, has not yet been met.The latest political crisis in Nepal in the middle of a raging Covid-19 second wave started when President Bidya Devi Bhandari gave parties in Parliament 21 hours on Wednesday to stake their claim to form the next government because Prime Minister Oli said he could not get majority support from MPs.  <img width="720" height="480" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86389c7e80680e06783bjpeg.jpg" alt=""><img width="640" height="427" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b863a9c7e80680e06783cjpeg.jpg" alt=""><img width="960" height="641" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b863c9c7e80680e06783djpeg.jpg" alt=""><img width="750" height="500" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86409c7e80680e06783ejpeg.jpg" alt=""><img width="720" height="480" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86429c7e80680e06783fjpeg.jpg" alt="">However, after the NC, MC and the JSP and UML factions collected 149 signatures, Oli rushed to Shital Niwas to put forward support of all members of his UMl and the JSP, even the ones who had sides with the opposition coalition. This was seen by many as a violation of the constitution.President Bhandari on Saturday 2AM dissolved Parliament and called fresh elections in November, because she said neither side had fulfilled the requirement to form a new government.In the past two days, the prime minister and president have come under blistering attack from not just the opposition, but a cross section of civil society and media commentators. The student wing of the NC has been staging small protests in the capital despite the lockdown, burning Prime Minister Oli and President Bhandari in effigy.  <figure><img width="960" height="637" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86449c7e80680e067840jpeg.jpg" alt=""><figcaption>A student group trying to burn the prime minister and president in effigy were apprehended by police on Sunday. Photo: Amit Machamasi</figcaption></figure>Nepali Times discussed recent political developments with Nepal’s politicians. <img width="113" height="164" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86479c7e80680e067841jpeg.jpg" alt=""><h2>"There was no choice but to dissolve parliament" Niru Pal, CPN (UML)</h2> PM Oli was not able to get a vote of confidence per article 76 (4) of the constitution, and as such, Parliament was not able to come up with a solution. The opposition had been setting up constant roadblocks against PM Oli, all the while failing to establish a majority to form a government. Consequently, a government could not be formed as per Article 76 (5) of the Constitution either. We got word that MPs from our party had signed in favour of Sher Bahadur Deuba to become prime minister as if this were an independent political system. However, 11 of them have issued a statement alleging misuse of signatures. Therefore the government had no choice but to dissolve Parliament.I find some absurd and unnecessary criticism of PM Oli. Those critics are also well aware that the President is not an executive, and had no grounds to block the recommendation of the caretaker Prime Minister. The President would have made the same decision even if it were Sher Bahadur Deuba in PM Oli’s position. She has decided based on the spirit of the constitution. <h2>"An Oli-led election will self-destruct" Ganesh Shah, Maoist Centre</h2> PM Oli’s loyalists and his opponents have become polarised. The opposition was unable to take unified and effective action against PM Oli’s unconstitutional move, which is the result of his ambition and arrogance. The first parliament dissolution was a blow to our Constitution, but this dissolution might be its death knell.  <img width="172" height="248" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86489c7e80680e067842jpeg.jpg" alt="">Civil society and the backers of the Constitution and democracy must fight against this political regression with a unified front. The legal process will not be enough — Parliament must be re-established through political initiative. The chances of an election taking place are slim. Moreover, an election under Oli’s leadership will be self-destructive. Any election at this point must be held only after a re-instated Parliament elects a new Prime Minister. <img width="170" height="246" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86499c7e80680e067843jpeg.jpg" alt=""><h2>"The PM always wanted to dissolve parliament" Rachana Khadka, CPN (UML)</h2> PM Oli always wanted to dissolve parliaments and he did — twice.  Even after the Supreme Court reinstated the lower House in January, all of his recent political moves showed he was going to do it again. The decision to dissolve a Parliament in which he once held a majority is ironic. It goes against the spirit of the Constitution.Moreover, the legitimacy of the President’s office has also come into question. We have a system of checks and balances to ensure that our political institutions hold one another accountable if mistakes are made. As such, the office of the President does not exist to do the prime minister’s bidding.Hundreds of Nepalis are dying due to Covid-19 every day. The primary focus at this time should have been to save lives. Dissolving the parliament at a time like this is like dancing over the pyres of Nepalis. The state elections in India contributed to the spread of the virus over there. We should have learned our lesson from our neighbours. <h2>"Parliament dissolution is constitutional" Ashok Vyanju, President, Municipal Association</h2> This is the result of the inability of a democratically elected institution to facilitate nation-building, inter-political coordination and balance. The dissolution of Parliament and announcement of elections came after it was not possible to form a government constitutionally. The decision is therefore absolutely constitutional. The election will  make it possible to pursue a fresh mandate after our political problems are resolved. <img width="149" height="215" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b864a9c7e80680e067844jpeg.jpg" alt="">Some have wrongly questioned the possibility of an election during a pandemic. India, South Korea, Japan, and other countries successfully conducted elections in the middle of the pandemic. We must be able to combat the virus and resolve our political problems simultaneously. <img width="176" height="250" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b864b9c7e80680e067845jpeg.jpg" alt=""><h2>"Legal and political measures must be followed" Dila Sangroula, Nepali Congress</h2> The incumbent Prime Minister had to take a vote of confidence within 30 days or resign as per article 76 (3) of the constitution. Even then, the NC, MC, and JSP coalition along with the Nepal faction of the UML had collected 149 signatures to form a new government following the president’s directive.However, the signatures to appoint Sher Bahadur Deuba the Prime Minister were considered illegitimate. The subsequent decision to dissolve parliament at midnight was unconstitutional, undemocratic and reactionary. Legal and political countermeasures must be pursued to undo it.The announcement of mid-term elections during a pandemic, when Nepalis are dying due to a scarcity of oxygen and ventilators, is nothing but a political drama staged by Oli in an attempt to hold on to power.  Why are we enabling this instead of trying to save lives? <h2>"A free and fair election must be ensured" Mohan Shrestha, RPP</h2> The two major Communist parties failed to deliver on the promises made when they were elected into government. NC and RPP are not to blame for their failure. As such, it is better to go to the polls than to continue like this. All of our political parties should establish an understanding as we move forward, and a free and fair election must be ensured. <img width="117" height="168" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b864c9c7e80680e067846jpeg.jpg" alt="">We are in favour of the election, and an official statement from the RPP will come soon. However, we have no involvement in the polarised politics on both sides, and will not participate in any anti-Oil protests. West Bengal and the United States conducted elections during the pandemic. We must follow all safety protocols pertaining to the pandemic and do the same.  <img width="318" height="376" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b864d9c7e80680e067847jpeg.jpg" alt=""><h2>"We must form a new party" Asta Laxmi Shakya, CPN (UML)</h2> After the Supreme Court overturned the NCPO, we came back to UML. But (PM Oli) did not give us any importance. He is still ignoring us. We cannot rely on Oli, we have to forge a new path. We have to form a new party, and not prolong this uncertainty.

<img width="1574" height="658" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b85fc9c7e80680e067824jpeg.jpg" alt=""/>After prolonged political theatrics, Nepal’s President Bidya Devi Bhandari on Friday at midnight dissolved Parliament and announced early elections even while the country reeled under a ferocious Covid-19 resurgence.She made the decision at the recommendation of Prime Minister K P Oli after there were <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer">two conflicting claims to form the next government</a> from Oli himself, and from a coalition led by four-time prime minister Sher Bahadur Deuba of the Nepali Congress (NC).Despite the late hour, the decision was widely condemned in Nepal’s public sphere with many commentators accusing Oli of showing authoritarian tendencies and ‘cheating’. The decision has also dragged President Bhandari into controversy for not defending her constitutional role, and for being a ‘rubber stamp’ for the government.In a brief statement, spokesperson of the presidential secretariat Keshab Ghimire said the decision had been taken as per Article 76 (7) of the Constitution and early elections would be held in two phases on 12 and 19 November, 2021.  Justifying her move, the president’s office said neither Deuba nor Oli had been able to legally prove that they had the confidence of a majority of the House. President Bhandari had given a deadline of 5pm Friday for parties in Parliament to show that they had the confidence of most MPs. <img width="1861" height="2560" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b85ff9c7e80680e067825jpeg.jpg" alt="">Deuba of the NC mustered the support of 149 MPs from his own party, the Maoist Centre as well as the anti-Oli members within the Janata Samajbadi Party (JSP) and the prime minister’s own UML. The number was supposed to be enough to make Deuba Nepal’s prime minister for the fifth time.However, Oli reached Shital Nibas ahead of Deuba and his loyalists on Friday afternoon with a claim to have the support of 153 members of his UML party and the JSP, even though the dissident factions without both parties had sided with Deuba. The NC-MC-JSP coalition was cobbled together with the NC’s 61 members, 48 from the MC, 27 from the the Madhav Kumar Nepal faction of Oli’s UML and 13 from the Upendra Yadav faction of the JSP.Both sides would have needed only 136 votes in the current 266 membership of the House to form a government. However, when added up, the claims of support from Oli and Deuba totalled more than the membership of the House. The president appears to have used this loophole to announce elections, even though it was clear that Oli did not have the support of sizeable sections of his own party and the JSP.Both claims of majority interpreted differently the clauses in the Constitution about whether party strength or member numbers should be used as a basis for counting support of Parliament. <img width="1182" height="788" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b86039c7e80680e067826jpeg.jpg" alt="">However, all this was of least concern to most Nepalis who have been trying to survive a <a href="https://www.nepalitimes.com/banner/we-knew-the-tsunami-was-approaching/" target="_blank" rel="noopener noreferrer">virulent Covid-19 second wave</a>, as hospitals run out of <a href="https://www.nepalitimes.com/here-now/its-an-emergency/" target="_blank" rel="noopener noreferrer">oxygen and ICU beds</a>. There were 177 more deaths on Friday, taking the total to over 6,000. The number of fatalities have doubled in the past three weeks. Nepal’s rudimentary health system, even in the cities, is stretched to the limit. But the virus is now <a href="https://www.nepalitimes.com/latest/rural-nepal-fights-back-covid-19/" target="_blank" rel="noopener noreferrer">spreading in rural communities</a> where there are few hospitals. Most of the outrage about the prime minister’s move has centred on why Nepal’s tried and tested politicians were engaged in an endless power struggle while the country was reeling under a ferocious resurgence of the Covid-19 pandemic. Most of the country has been under lockdown for the past month, and there is a likelihood that it will be extended beyond 31 May. Critics also pointed out that a Prime Minister who had earlier lost a confidence vote in the House, and who himself had admitted that he had lost his majority, had used extra-constitutional means to force the president to dissolve Parliament and call elections.‘Understand this, Madam President and Comrade Prime Minister, this gang rape of the Constitution will be costly for you during the elections,’ Congress Spokesperson Biswa Prakash Sharma said in a controversial Tweet posted at 1AM.<blockquote>`अहंकारको वृक्षमा विनाशको फल लाग्छ´, सिंगो महाभारतको संक्षिप्त सार यत्ति हो ! बुझि राख्नु रास्ट्रपति महोदया र कमरेड प्रधानमन्त्रीजि, महाब्याधिका बेला मध्यावधिको रंगीन सपना महंगो पर्नेछ ! संविधानको सामुहिक बलात्कारको दुश्परिणाम महंगो पर्नेछ l— Bishwa Prakash शर्मा (@bishwaprakash77) <a href="https://twitter.com/bishwaprakash77/status/1395818670799028226?ref_src=twsrc%5Etfw">May 21, 2021</a></blockquote> With an ex-prime minister who has already held the post four times, and a three-time prime minister who had lost the confidence of the House on 10 May, both claiming to have a majority, President Bhandari took more than six hours to come up with her decision. Many were not surprised, since she is seen to be loyal to Oli, who appointed her.Last week, Oli had been given a month to prove he had the support of the House after <a href="https://www.nepalitimes.com/banner/nepal-is-a-hotbed-of-virus-and-politics/" target="_blank" rel="noopener noreferrer">he lost a confidence vote</a> when the Nepal faction abstained. But on Thursday, he informed the President that he was not able to muster a majority, and she gave members of the house till 5pm Friday to prove that they had the numbers.Oli was obviously certain the opposition would not be able to get enough MPs, so he could dissolve the House to declare early elections, like he has always wanted. Till the last moment on Friday, Oli appeared sure that his plan would work, but then the NC, MC, and dissidents in the JSP and UML got the required signatures. This appears to have prompted him to suddenly claim that he did have the majority after all, and use his leadership of the UML parliamentary party and of Rajendra Mahato of the JSP to claim the numbers, even though both parties had fractured into rebel factions.As day broke on Saturday, Nepalis woke up to the prospect of elections nearly two years ahead of schedule, and while the pandemic rages through the countryside. There was a lot of anger on social media, with much of it directed at Prime Minister Oli and President Bhandari for having ‘butchered’ the constitution. The NC’s Gagan Thapa and others have called for the impeachment of President Bhandari. At a press briefing on Saturday, Oli called critics of the President “anti-republican”.<blockquote>सन्की प्रधानमन्त्री र मतियार राष्ट्रपतिले मुलुक अँध्यारो सुरुङमा हालेका छन्।महामारीमा त यस्तो अधर्म गर्न सक्ने देशघाती जोडी यहिं र यत्तिमै रोकिने वाला छैनन् नेतागण!नअलमलिउँ,खुट्टा नकमाऔं,सचेत नागरिकको साथ लिएर राष्ट्रपति र प्रमको निर्लज्ज कामको सम्पूर्ण शक्तिका साथ प्रतिरोध गरौं।— Gagan Thapa (@thapagk) <a href="https://twitter.com/thapagk/status/1395928091893977089?ref_src=twsrc%5Etfw">May 22, 2021</a></blockquote> <blockquote>राष्ट्रपति महोदय,दुवै दावीमा संविधानको धारा ७६(५)अनुसार 'बिश्वासको मत प्राप्तगर्ने'आधार छैन। दुवै जाली/किर्ते हुन्।दुवै खारेजगरी संविधान बमोजिम चुनाव घोषणाहोस्।यिनीहरूले संघीय गणतन्त्रलाई गाईजात्रामा परिणत गरे,लोकतन्त्रको नाममा ब्रम्हलुट गरे।अब जनतालाई विकल्प खोज्ने अवसर दिनुपर्छ— Kamal Thapa (@KTnepal) <a href="https://twitter.com/KTnepal/status/1395710176942981121?ref_src=twsrc%5Etfw">May 21, 2021</a></blockquote> Foreign Minister Pradeep Gyawali blamed the Nepal faction of the UML for the debacle. “By trying to make the leader of an opposition party the prime minister, they pushed the country to early elections,” he said. The NC-MC-JSP coalition claimed to have 149 signatures, while Oli counted all 121 members of his UML, including the dissident faction, as well as all 34 members, even staunch Oli critics like Baburam Bhattarai and Upendra Yadav. Adding to the complication was that on Friday evening, some members of the UML said they had not signed up support for the NC-MC-JSP group, and they were still with Oli. Even as the country prepares for elections, the UML's own fate is now uncertain, with at least 27 members of the Nepal faction defecting. K P Oli became prime minister for the second time after Nepal’s first federal elections under the new Constitution in 2017. His UML party had an electoral alliance with Maoist Centre, and it got a nearly two-thirds majority. The two parties then united in 2018 to form the Nepal Communist Party, with an understanding that Oli and Dahal would take turns being prime minister during the five-year term. But the personal ambitions of Dahal and Oli clashed, and the two UML ex-prime ministers Madhav Nepal and Jhalnath Khanal also sided with Dahal. When the pandemic began last year, the <a href="https://www.nepalitimes.com/banner/oli-vs-dahal-1-upmanship/" target="_blank" rel="noopener noreferrer">political infighting</a> had already started getting intense. Both sides later held<a href="https://www.nepalitimes.com/latest/muscle-vs-muscle-in-nepal/" target="_blank" rel="noopener noreferrer"> large political rallies</a> to show support, despite fears of contagion. After finding out that the Dahal faction of the NCP was registering a no-confidence vote in Parliament, Oli <a href="https://www.nepalitimes.com/latest/president-endorses-parliament-dissolution/" target="_blank" rel="noopener noreferrer">dissolved the lower house</a> on 20 December and called for elections. The Supreme Court, however, overturned that decision, and later ruled that the NCP be disbanded into the UML and the Maoist Centre.  Having lost the UML’s majority in the House, Oli used divide-and-rule tactics, and was successful in pulling factions in the Maoist Centre, JSP, and even he NC for a time, to side with him.  In the end, the NC went along with the coalition, even though the JSP’s Mahanta Thakur stayed loyal throughout, and did not join the anti-Oli group on Friday. The coalition of the NC, MC and sections of the JSP and UML represents an entire spectrum of Nepali  politics, united by their opposition to Oli. It does not include the Hindu-royal RPP, which will be happy with the dissolution with the house because it has been pressing for early elections.

Nepal sets elections in middle of pandemic

<figure><img width="1816" height="1084" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109111148/636b85dc9c7e80680e06781ajpeg.jpg" alt=""/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>Two rival coalitions of Nepal’s left, right and centre parties have both staked conflicting claims to lead the country after a prolonged <a href="https://www.nepalitimes.com/banner/nepal-is-a-hotbed-of-virus-and-politics/" target="_blank" rel="noopener noreferrer">power struggle</a> that has impacted the capacity to deal with a <a href="https://www.nepalitimes.com/banner/we-knew-the-tsunami-was-approaching/" target="_blank" rel="noopener noreferrer">raging Covid-19 second wave</a>.The leader of the opposition Nepali Congress (NC) Sher Bahadur Deuba collected 149 signatures from his own party, the Maoist Centre (MC) as well as dissident factions of the Janata Samajbadi Party (JSP) and Oli’s own UML. The number was supposed to be enough to make Deuba Nepal’s prime minister for the fifth time.However, Prime Minister K P Oli reached Shital Nibas ahead of Deuba and his supporters on Friday afternoon with a claim to have the support of 153 members from his own UML party and the JSP. However, both the UML and JSP have dissident factions who have sided with the rival group.The NC-MC-JSP coalition was cobbled together with the NC’s 61 members, 48 from the MC, 27 from the the Madhav Kumar Nepal faction of Oli’s UML, and 13 from the Upendra Yadav group within the JSP. President Bidya Devi Bhandari had given parties in Parliament till 5PM on Friday to prove that they had the numbers to form a new government. The new coalition needed 136 votes in the 266 voting members of the House to form a government. However, with a four-time prime minister and current three-time PM claiming the prime minister-ship, President Bhandari was huddled with constitutional experts till late Friday trying to decide which was more legitimate.While all this drama is being played out on the political stage, Nepal registered 177 more deaths in the last 24 hours taking the total so far to over 6,000 -- the number of fatalities has doubled in 3 weeks. There were 8,607 new infections and 7,890 recoveries on Friday.There are more than 112,000 active cases, most recovering at home or in isolation centres. The hospitals are full, with nearly 2,000 people in ICU and 500 in ventilators -- most of them in Kathmandu Valley.This seems to matter little in the headcount to form the next government. If Deuba becomes prime minister, it will be his fifth time to lead the country, while Oli was serving as prime minister for the third time even though he lost a confidence vote in Parliament on 10 May. Last week he was given a month to prove he had the support of the House. Oli appears to have banked on the opposition not being able to get the requisite numbers, so that the House would be dissolved and he could declare early elections.Till a few hours before the deadline, Oli appeared so sanguine the opposition would not have a majority, that he told a press meet he was compelled to end the impasse by dissolving Parliament, and calling elections because the other side could not get enough members to form an alternative government.However, after it became apparent that a meeting of opposition figures from the NC, MC, JSP and UML at Deuba’s mansion in Budanilkantha by Friday noon could muster the votes, Oli also decided to stake his claim.President Bhandari has already been dragged into controversy, with many in the opposition calling her a ‘rubber stamp’ and a ‘puppet’ of the Oli government for previous decisions which they said favoured the prime minister. For his part, Oli told the press meet on Friday that it was unfair to drag the President into controversy because she was a constitutional figure and was required to agree to decisions of an elected government. He called critics of the President “anti-republican”.The rival claims hinge on the interpretation of sentences and phrases in the Constitution about whether party strength or member numbers should count in gauging support of Parliament.The NC-MC-JSP coalition claims to have support of UML dissidents to reach 149 signatures. Oli, meanwhile, has counted all 121 members of his UML, including the dissident faction, as well as all 34 members of the JSP including even staunch Oli critics like Baburam Bhattarai and Upendra Yadav.Adding to the complication is that on Friday evening, some members of the UML said they had not signed up support for the NC-MC-JSP group, and they were still with Oli. It is not clear how many said they had not signed, and whether this number could be enough to top the balance.The presidential secretariat will now have to verify each signature by vetting individual members from both sides. Adding Oli's 153 and Deuba's 149, exceeds the total members in Parliament, which means quite a few members are being counted by both sides.Oli was elected prime minister in the 2017 election after his UML party forged an alliance with the Maoist Centre party led by former guerrilla chieftain Pushpa Kamal Dahal. After sweeping the polls the two parties merged into the Nepal Communist Party with an understanding that the two would rotate becoming prime minister during the five-year term.However, relations soon soured between Dahal and Oli, and two powerful UML leaders Madhav Nepal and Jhalnath Khanal also joined the Dahal faction. The political infighting played on right through the Covid-19 crisis in Nepal for the past year, with the two sides even holding <a href="https://www.nepalitimes.com/latest/muscle-vs-muscle-in-nepal/" target="_blank" rel="noopener noreferrer">large political rallies</a> in the cities as a show of strength.Getting wind that the Dahal faction was registering a vote of no confidence in Parliament, Oli dissolved the lower house on 20 December. But the Supreme Court overturned that decision, and subsequently also ruled that the NCP be disbanded into the UML and the Maoists Centre. Having lost his parliamentary majority the Oli government tried desperately to stay on in power by a strategy of divide-and-rule in which he effectively split the other parties by getting a faction to side with him. Till recently, Deuba was standing by Oli, as was JSP party president Mahant Thakur. In the end, the NC went along with the coalition, but Thakur kept neutral and did not join the anti-Oli coalition on Friday.The coalition of the NC, MC and sections of the JSP and UML represents a swathe of Nepal’s political spectrum, brought together by a common aversion of K P Oli. It does not include the Hindu-royal RPP, which had actually been gunning for early elections.

Ex-PM and PM vie to be next Nepal PM

<figure><img width="1816" height="1084" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110131124/636cedf09c7e80680e09adf7jpeg.jpg" alt=""/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>Two rival coalitions of Nepal’s left, right and centre parties have both staked conflicting claims to lead the country after a prolonged <a href="https://www.nepalitimes.com/banner/nepal-is-a-hotbed-of-virus-and-politics/" target="_blank" rel="noopener noreferrer">power struggle</a> that has impacted the capacity to deal with a <a href="https://www.nepalitimes.com/banner/we-knew-the-tsunami-was-approaching/" target="_blank" rel="noopener noreferrer">raging Covid-19 second wave</a>.The leader of the opposition Nepali Congress (NC) Sher Bahadur Deuba collected 149 signatures from his own party, the Maoist Centre (MC) as well as dissident factions of the Janata Samajbadi Party (JSP) and Oli’s own UML. The number was supposed to be enough to make Deuba Nepal’s prime minister for the fifth time.However, Prime Minister K P Oli reached Shital Nibas ahead of Deuba and his supporters on Friday afternoon with a claim to have the support of 153 members from his own UML party and the JSP. However, both the UML and JSP have dissident factions who have sided with the rival group.The NC-MC-JSP coalition was cobbled together with the NC’s 61 members, 48 from the MC, 27 from the the Madhav Kumar Nepal faction of Oli’s UML, and 13 from the Upendra Yadav group within the JSP. President Bidya Devi Bhandari had given parties in Parliament till 5PM on Friday to prove that they had the numbers to form a new government. The new coalition needed 136 votes in the 266 voting members of the House to form a government. However, with a four-time prime minister and current three-time PM claiming the prime minister-ship, President Bhandari was huddled with constitutional experts till late Friday trying to decide which was more legitimate.While all this drama is being played out on the political stage, Nepal registered 177 more deaths in the last 24 hours taking the total so far to over 6,000 -- the number of fatalities has doubled in 3 weeks. There were 8,607 new infections and 7,890 recoveries on Friday.There are more than 112,000 active cases, most recovering at home or in isolation centres. The hospitals are full, with nearly 2,000 people in ICU and 500 in ventilators -- most of them in Kathmandu Valley.This seems to matter little in the headcount to form the next government. If Deuba becomes prime minister, it will be his fifth time to lead the country, while Oli was serving as prime minister for the third time even though he lost a confidence vote in Parliament on 10 May. Last week he was given a month to prove he had the support of the House. Oli appears to have banked on the opposition not being able to get the requisite numbers, so that the House would be dissolved and he could declare early elections.Till a few hours before the deadline, Oli appeared so sanguine the opposition would not have a majority, that he told a press meet he was compelled to end the impasse by dissolving Parliament, and calling elections because the other side could not get enough members to form an alternative government.However, after it became apparent that a meeting of opposition figures from the NC, MC, JSP and UML at Deuba’s mansion in Budanilkantha by Friday noon could muster the votes, Oli also decided to stake his claim.President Bhandari has already been dragged into controversy, with many in the opposition calling her a ‘rubber stamp’ and a ‘puppet’ of the Oli government for previous decisions which they said favoured the prime minister. For his part, Oli told the press meet on Friday that it was unfair to drag the President into controversy because she was a constitutional figure and was required to agree to decisions of an elected government. He called critics of the President “anti-republican”.The rival claims hinge on the interpretation of sentences and phrases in the Constitution about whether party strength or member numbers should count in gauging support of Parliament.The NC-MC-JSP coalition claims to have support of UML dissidents to reach 149 signatures. Oli, meanwhile, has counted all 121 members of his UML, including the dissident faction, as well as all 34 members of the JSP including even staunch Oli critics like Baburam Bhattarai and Upendra Yadav.Adding to the complication is that on Friday evening, some members of the UML said they had not signed up support for the NC-MC-JSP group, and they were still with Oli. It is not clear how many said they had not signed, and whether this number could be enough to top the balance.The presidential secretariat will now have to verify each signature by vetting individual members from both sides. Adding Oli's 153 and Deuba's 149, exceeds the total members in Parliament, which means quite a few members are being counted by both sides.Oli was elected prime minister in the 2017 election after his UML party forged an alliance with the Maoist Centre party led by former guerrilla chieftain Pushpa Kamal Dahal. After sweeping the polls the two parties merged into the Nepal Communist Party with an understanding that the two would rotate becoming prime minister during the five-year term.However, relations soon soured between Dahal and Oli, and two powerful UML leaders Madhav Nepal and Jhalnath Khanal also joined the Dahal faction. The political infighting played on right through the Covid-19 crisis in Nepal for the past year, with the two sides even holding <a href="https://www.nepalitimes.com/latest/muscle-vs-muscle-in-nepal/" target="_blank" rel="noopener noreferrer">large political rallies</a> in the cities as a show of strength.Getting wind that the Dahal faction was registering a vote of no confidence in Parliament, Oli dissolved the lower house on 20 December. But the Supreme Court overturned that decision, and subsequently also ruled that the NCP be disbanded into the UML and the Maoists Centre. Having lost his parliamentary majority the Oli government tried desperately to stay on in power by a strategy of divide-and-rule in which he effectively split the other parties by getting a faction to side with him. Till recently, Deuba was standing by Oli, as was JSP party president Mahant Thakur. In the end, the NC went along with the coalition, but Thakur kept neutral and did not join the anti-Oli coalition on Friday.The coalition of the NC, MC and sections of the JSP and UML represents a swathe of Nepal’s political spectrum, brought together by a common aversion of K P Oli. It does not include the Hindu-royal RPP, which had actually been gunning for early elections.

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181148/636be8719c7e80680e08785cjpeg.jpg" alt="" width="640" height="886"/><figcaption>Illustration: SUBHAS RAI / NEPALI TIMES #22, 22-28 DECEMBER 2000</figcaption></figure>Nepal has been on a knife-edge in 2020 because of the pandemic, but the country’s leaders are too involved in their internal power struggles to notice. This week, better sense  prevailed once more at the last moment as the ruling Nepal Communist Party (NCP) on Wednesday pulled back at the last minute from tearing itself apart.The struggle for supremacy between the two top leaders, Prime Minister K P Oli and party co-chair Pushpa Kamal Dahal, have become so nasty, rhetoric so acrimonious and the actions being taken so drastic that it has now dragged all three arms of the state the legislature, judiciary and executive into controversy.The latest casualty was the Office of the President which is now seen by many as just a rubber stamp for the prime minister. As head of state, Bidya Devi Bhandari, should have been beyond reproach and above the fray, but by hastily signing the ordinance to amending the law on the Constitutional Council this week she faced unprecedented  ridicule.It was all unnecessary because Oli and Dahal smoked the peace pipe ahead of the NCP Standing Committee Meeting, and the prime minister decided to take back the ordinance (for the second time this year). The Standing Committee has also been put off till 21 December.By passing the ordinance <a href="https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/&amp;source=gmail&amp;ust=1608275687738000&amp;usg=AFQjCNGayCQf-PZoK4ZSJCVrtNw4r8b5kA">amending the Constitutional Council law</a>, Oli may have just been trying to demonstrate to Dahal how far he would go to get his way. But the damage has been done. Not just to the esteem of the President’s office, but to himself, his party, the Constitution and Nepal’s democracy.The Oli-Dahal row this year has been a wrecking ball on the Nepali state, and its nascent Constitution. It was predictable, therefore, that the opposition and the smaller parties would move to cash in on the disarray in the NCP, and fill the political vacuum.Nepal’s Hindu-right held a series of rallies across the country last month which were increasingly well-attended, calling for the scrapping of the country’s secular republican constitution. There may not be widespread public support for the return of the monarchy, even a ceremonial one, but declaring Nepal a Hindu state is a popular notion among the dominant majority community.For its part, the faction-ridden opposition NC had been under relentless pressure ever since its battering in the 2017 election, to play a more effective role as an opposition party. It had to assert itself for fear of the rightists pulling the rug from under them with a Hindu agenda, and since Parliament is not in session had no option but to stage its own show of force.Prime Minister Oli’s brinkmanship did the trick, and he bought himself some more time. But at what cost? He has isolated himself even more within his party and shown an authoritarian bent, he single-handedly dismantled an essential check-and-balance of Nepal’s democracy, he put the Speaker and the leader of the opposition in the spot.Oli’s act of <a href="https://www.nepalitimes.com/banner/the-seat-of-power/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/the-seat-of-power/&amp;source=gmail&amp;ust=1608275687738000&amp;usg=AFQjCNE2UYVNJeQRsAwr08-F4m5vDHLiDA">defiance</a> against his party rivals led by Dahal, has undermined the Constitution and the rule of law and pushed the Nepali state closer to the edge. Kunda Dixit

Over the edge, again

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109191120/636bef654b0ad905ca02efa5jpeg.jpg" alt="" width="640" height="886"/><figcaption>Illustration: SUBHAS RAI / NEPALI TIMES #22, 22-28 DECEMBER 2000</figcaption></figure>Nepal has been on a knife-edge in 2020 because of the pandemic, but the country’s leaders are too involved in their internal power struggles to notice. This week, better sense  prevailed once more at the last moment as the ruling Nepal Communist Party (NCP) on Wednesday pulled back at the last minute from tearing itself apart.The struggle for supremacy between the two top leaders, Prime Minister K P Oli and party co-chair Pushpa Kamal Dahal, have become so nasty, rhetoric so acrimonious and the actions being taken so drastic that it has now dragged all three arms of the state the legislature, judiciary and executive into controversy.The latest casualty was the Office of the President which is now seen by many as just a rubber stamp for the prime minister. As head of state, Bidya Devi Bhandari, should have been beyond reproach and above the fray, but by hastily signing the ordinance to amending the law on the Constitutional Council this week she faced unprecedented  ridicule.It was all unnecessary because Oli and Dahal smoked the peace pipe ahead of the NCP Standing Committee Meeting, and the prime minister decided to take back the ordinance (for the second time this year). The Standing Committee has also been put off till 21 December.By passing the ordinance <a href="https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-pm-oli-goes-it-alone/&amp;source=gmail&amp;ust=1608275687738000&amp;usg=AFQjCNGayCQf-PZoK4ZSJCVrtNw4r8b5kA">amending the Constitutional Council law</a>, Oli may have just been trying to demonstrate to Dahal how far he would go to get his way. But the damage has been done. Not just to the esteem of the President’s office, but to himself, his party, the Constitution and Nepal’s democracy.The Oli-Dahal row this year has been a wrecking ball on the Nepali state, and its nascent Constitution. It was predictable, therefore, that the opposition and the smaller parties would move to cash in on the disarray in the NCP, and fill the political vacuum.Nepal’s Hindu-right held a series of rallies across the country last month which were increasingly well-attended, calling for the scrapping of the country’s secular republican constitution. There may not be widespread public support for the return of the monarchy, even a ceremonial one, but declaring Nepal a Hindu state is a popular notion among the dominant majority community.For its part, the faction-ridden opposition NC had been under relentless pressure ever since its battering in the 2017 election, to play a more effective role as an opposition party. It had to assert itself for fear of the rightists pulling the rug from under them with a Hindu agenda, and since Parliament is not in session had no option but to stage its own show of force.Prime Minister Oli’s brinkmanship did the trick, and he bought himself some more time. But at what cost? He has isolated himself even more within his party and shown an authoritarian bent, he single-handedly dismantled an essential check-and-balance of Nepal’s democracy, he put the Speaker and the leader of the opposition in the spot.Oli’s act of <a href="https://www.nepalitimes.com/banner/the-seat-of-power/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/the-seat-of-power/&amp;source=gmail&amp;ust=1608275687738000&amp;usg=AFQjCNE2UYVNJeQRsAwr08-F4m5vDHLiDA">defiance</a> against his party rivals led by Dahal, has undermined the Constitution and the rule of law and pushed the Nepali state closer to the edge. Kunda Dixit

<figure><img width="1450" height="836" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109191116/636bef3d4b0ad905ca02ef94jpeg.jpg" alt=""/><figcaption>Chief Justice Cholendra SJB Rana, Prime Minister Oli and Upper House Chair Ganesh Timilsina at a meeting of the Constitutional Council on Tuesday, after the ordinance that allows a smaller quorum. Photo: PMO</figcaption></figure>Nepal’s Prime Minister K P Oli, who is facing a growing mutiny within his party,  has become even more politically isolated by an ordinance he pushed on constitutional appointments.In a day of fast-moving events, after a Constitutional Council meeting which the prime minister chairs did not have a quorum to decide on new appointments, Oli got the cabinet to endorse his recommendation and rushed to Shital Niwas for President Bidya Devi Bhandari to quickly sign an ordinance amending the law to allow only three members of the Council to make appointments.The move has drawn sharp rebuke from across the political spectrum, including from within Oli’s own Nepal Communist Party, where he is locked in a power struggle with a faction led by party co-chair <a href="https://www.nepalitimes.com/editorial/running-to-remain-in-place/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/running-to-remain-in-place/&amp;source=gmail&amp;ust=1608167536288000&amp;usg=AFQjCNFD605ct-xVGv8IIH-slHiYN4jsdQ">Pushpa Kamal Dahal</a>. The move has been described as an attempt to dismantle an essential check-and-balance provision in Nepal’s democracy.The 2010 Constitutional Council Act stipulated that at least five of its six members made up of the Speaker, Deputy-Speaker, Upper House Chair, the Chief Justice, the leader of the opposition and the prime minister are needed to decide on appointments. The ordinance now accepts the prime minister and only two other members to be present for a full quorum.It was after Speaker Agni Sapkota and Nepali Congress leader Sher Bahadur Deuba failed to appear in meetings of the Council on Sunday and Tuesday, that Oli got a presidential ordinance that allows it decide on the basis of a majority of only three members including the prime minister as chair.The reason this is significant is because the Constitutional Council that appoints the heads of independent institutions such as the Attorney General, Commission on the Investigation of the Abuse of Authority (CIAA), Election Commission, the National Human Rights Commission, and ten other bodies. The Constitution had tried to ensure that these appoints be made with the heads of the three branches of the state as well as the opposition party, and Tuesday’s ordinance disturbs this balance.Constitutional experts say that although the ordinance only changes provisions of a law, it is tantamount to amending the Constitution itself since the prime minister has vested in himself authority that was distributed among the legislative, judicial and executive arms of the state. The existing 14 constitutional bodies need to be fully independent in order to monitor the conduct of government, and adds a layer of check-and-balance on elected officials to ensure accountability. The ordinance has removed this independence.In April, Prime Minister Oli had tried to pass a similar ordinance together with another constitutional amendment allowing parties to split. But he had to retract it after widespread criticism from the opposition NC and from within his own party. This time, Oli seems determined to go it alone, and on Tuesday itself summoned Chief Justice Cholendra SJB Rana and Upper House Chair Ganesh Timilsina for a meeting of the Council However, the meeting did not immediately take a decision on any new appointments. The Council makes appointments to 62 members of the 14 constitutional bodies.Prime Minister Oli’s move may have been <a href="https://www.nepalitimes.com/banner/the-seat-of-power/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/the-seat-of-power/&amp;source=gmail&amp;ust=1608167536288000&amp;usg=AFQjCNGFa4Tfe7eWEsJeO6Xr5OpwvUn1EA">a show of defiance</a> against his party rivals led by Dahal, but could trigger a constitution crisis. Before the President formally sings off on it, the Constitutional Council’s decision on appointments needs to be ratified by two-thirds of a parliamentary committee. But here the Oli faction is in a distinct minority.Oli could try to get the NC’s Deuba to attend the meeting and decide on appointment, but that will only be the first hurdle he has to cross in order to get his own way.These development comes amidst mounting pressure on Prime Minister Oli both from within his own party which is <a href="https://www.nepalitimes.com/latest/nepals-communists-on-verge-of-split-again/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepals-communists-on-verge-of-split-again/&amp;source=gmail&amp;ust=1608167536288000&amp;usg=AFQjCNFnjA09w8TM8s8p7NQ2TpqcUt9ABw">on the verge of a split</a>, but also from nationwide rallies held by the NC this week as well as the rise of the Hindu-right which wants Nepal’s secular republican constitution scrapped.

president-bidya-devi-bhandari

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Political ball now in Nepal’s Supreme Court

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Ex-PM and PM vie to be next Nepal PM

Over the edge, again

Over the edge, again

Nepal PM Oli goes it alone