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Analysis: Who Has The Executive Power In Nepal To Dissolve The Federal Parliament?

As Nepal has a Westminster-style of parliamentary system, only the prime minister has the right to dissolve an existing parliament and thereby declare an election. In Nepal’s political system, only the monarchy has been displaced with a president and the unitary system has been replaced with a federal system. Otherwise, all the essence of a Westminster system is the same.

By N24 Staff Writer, KATHMANDU:- Questions are being raised over the Prime Minister’s right to dissolve the federal parliament in Nepal. But a question just pops up here: who has the executive power to dissolve the House then?

Does Nepal’s media has this power, which has been vehemently opposing PM KP Sharma Oli’s move to dissolve the House and declare a fresh election? Does Nepal’s former chief justices have this power, who have just issued a joint statement delivering a verdict themselves that the House dissolution decision was wrong?

Does speaker Agni Sapkota has this right? Or, comrades Pushpa Kamal Dahal “Prachanda” and Madhav Kumar Nepal have this right? Or, their patrons in Beijing and New Delhi have this right?

As Nepal has a Westminster-style of the parliamentary system, only the prime minister has the right to dissolve an existing parliament and thereby declare an election. In Nepal’s political system, only the monarchy has been displaced with a president and the unitary system has been replaced with a federal system.

Otherwise, all the essence of a Westminster system is the same and the prime minister is more powerful than any other branches of the state including the legislative and the judiciary.

The Supreme Court and Chief Justice Cholendra Shumsher Rana’s team have been reviewing the House dissolution case. They, too, do not have the right to dissolve the House and declare an election. They can only interpret the prime minister’s right clearly written in the constitution about taking these two decisions.

In this context, calling the prime minister’s move unconstitutional and exerting pressure on the Supreme Court to reinstate the already dissolved House of Representatives is not fair. Supreme Court is an independent body and has to be given the space to work independently.

Just because some media or politicians raise the question over the prime minister’s prerogatives or the Supreme Court’s authority, these two institutions of democracy should not stop discharging their duties bravely and as per the constitution of Nepal.

And yes, there should be no doubt that among all institutions and state bodies, only the prime minister has the right to dissolve the House, as per the necessity, and thereby declare an election.

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