Prez to remove difficultiesThe government on Sunday recommended President Bidhya Devi Bhandari to invoke Article 305 of the Constitution of Nepal to remove difficulties and pave the way for the formation of a new government.
The government on Sunday recommended President Bidhya Devi Bhandari to invoke Article 305 of the Constitution of Nepal to remove difficulties and pave the way for the formation of a new government.
Hours before Prime Minister KP Sharma Oli announced his resignation in the House, a Cabinet meeting decided to recommend President Bhandari to invoke Article 305 (power to remove difficulties). The Cabinet decision to recommend the President to remove difficulties was taken after concluding that “a new government cannot be formed according to Article 298 after Prime Minister Oli resigns”, Tourism Minister Anand Pokhrel told reporters.
Ever since the CPN (Maoist Centre) pulled out of the Oli government on July 12, political parties have different takes on formation of a new government. PM Oli has all along believed that there is no constitutional provision for the formation of a new government, while the Maoist Centre and the Nepali Congress are of the view that there are no constitutional hurdles for the formation of a new government.
Even until Friday when Parliament tabled a no-trust motion against the prime minister for discussion, PM Oli appeared firm on facing the House. Oli’s announcement that he had already tendered his resignation to President Bhandari came at the end of his address to Parliament on Sunday.
Article 305 says
Article 305 (power to remove difficulties) of the Constitution of Nepal says: If any difficulty arises in connection with the implementation of this constitution until the commencement of the first session of the Federal Parliament, upon being elected in accordance with this constitution, the President may, on the recommendation of the government, Council of Ministers, issue necessary orders to remove such difficulty; and such orders must be submitted to the Legislature-Parliament or Federal Parliament for approval.