Nepal Supreme Court Constitution Bench Reinstates Dissolved House Of Representatives

The Supreme Court of Nepal (Constitution Bench) today reinstated the dissolved House of Representatives for the second time in nearly five months. 

The Chief Justice-led five-member Constitution Bench has also ordered the appointment of Nepali Congress President Sher Bahadur Deuba as the Prime Minister within two days.

Nepal's Supreme Court [Constitution Bench] reinstates dissolved House of Representatives for the 2nd time in nearly five months.

The bench comprises Justices Dipak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada, Dr. Ananda Mohan Bhattarai & CJ Rana.#NepalSupremeCourt pic.twitter.com/tujHB6FvL8

— Live Law (@LiveLawIndia) July 12, 2021

However, Sher Bahadur Deuba needs to win the vote of confidence within 30 days of his appointment to retain his appointment [as per Article 76 (4) of the Constitution of Nepal].

Apart from Chief Justice Cholendra Shumsher Rana, the bench also comprised of four other senior-most justices, Dipak Kumar Karki, Mira Khadka, Ishwar Prasad Khatiwada, and Dr. Ananda Mohan Bhattarai.

Currently, Prime Minister K P Sharma Oli is heading a minority government after losing a trust vote in the House.

In May 2021, Nepal's President Bidya Devi Bhandari had dissolved the 275-member lower house for the second time in five months and she had also announced snap elections on November 12 and November 19. The decision was based on the recommendation of Prime Minister Oli.

President Bidya Devi Bhandari had dissolved the House of parliament on May 21 based on the then Prime Minister KP Oli's recommendation. pic.twitter.com/we1lkwyoAL

— Live Law (@LiveLawIndia) July 12, 2021

The verdict states that the President's decision to dissolve the lower house upon a recommendation of the Prime Minister was an unconstitutional act. Around 30 petitions had been filed against the President's decision to dissolve the House

A petition was filed by the Opposition parties' alliance with the signature of 146 lawmakers demanding the reinstatement of the lower house of Parliament and the appointment of Deuba as the prime minister.

The Apex Court has also ordered that a new session of the House of Representatives be summoned at 5 PM on July 18.

Earlier, in February 2021, the Supreme Court had overturned Prime Minister KP Sharma Oli's December 20 decision to dissolve the House of Representatives, thereby directing the authorities to summon a meeting of Parliament within 13 days, reported The Kathmandu Post.