Issuing a press release on Tuesday, the Office of the President said Article 38 (7) of the Interim Constitution of Nepal 2063 has devised four provisions that the Prime Minister would be relieved from the post. Similarly, the clause 7 (b) has stated,” if he/she ceases to be a member of the Legislature-Parliament”. With this reference, the press release argued that in the context that the Constituent Assembly and the Legislature Parliament ceased to exist, the membership of Dr Baburam Bhattarai elected prime minister as a member of the Legislature Parliament, and former-member of the CA automatically expired.
Considering the recent political development, the President has urged all political parties to promote the culture of political consensus and cooperation as per the spirit of the Interim Constitution of Nepal 2063, states the press release.
The President has expressed confidence that the way out of the political uncertainty emerged with the unexpected expiry of the CA would be sought in a peaceful and democratic process.
The term of the CA automatically ended from the midnight of May 27, 2012 as per the Article 64 of the Interim Constitution 2063. Similarly, according to the Article 83 of Interim Constitution 2063, the CA has lost its ground to function as the Legislature-Parliament, said the press release.
Reasoning that clause 9 of Article 38 of the Interim Constitution 2063 mentioned, “If the Prime Minister ceases to hold office pursuant to clause (7), the existing Council of Ministers shall continue to function until a new Council of Ministers is constituted”, the President has assigned the Bhattarai government to carry out the works till the formation of next Council of Ministers.
President Dr Ram Baran Yadav has thanked the Prime Minister and members of the Council of Ministers for the activities they carried out.
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