Chief Minister of Koshi Province, Kedar Karki, has got a one-month deadline for taking the vote of confidence.
Karki has fallen into the minority after a resolution motion was tabled in the Province Assembly and endorsed on Friday (April 19).
What would be the fate of the Koshi government if Karki failed to secure the vote of confidence by May 19? What are the constitutional hurdles? Against this backdrop, Nepalkhabar talked to constitutional expert Dr Bipin Adhikari. Excerpts:
What happens if the Chief Minister of Koshi Province, Kedar Karki, fails to secure the vote of confidence? Can he dissolve the parliament?
Chief Minister Karki has no right to dissolve the parliament. It seems that Karki intends to form an alternative government in the province. As long as there is an option to do so, how can he dissolve the parliament? The parliament can only be dissolved on the condition that there is an option to form the government.
Yesterday, there was an obligation to form a government in line with Article 168 (5) due to various reasons. A member of the Province Assembly formed the government under his leadership. The majority of the parties lent their support to it. Karki still can take the vote of confidence as per Article 168 (5).
Now this government is a full-fledged government. He cannot dissolve it. Any attempt at dissolution will be will be rejected by the court.
If so, can the same Article of the Constitution be invoked time and again?
Yes. Articles of the Constitution can be invoked as per the need of time. The Province Chief is the facilitator for the formation of the government. He cannot form the government at his will. He has to allow lawmakers who ensure a sustainable, stable, and strong government. If the next government can be formed in line with Article 168 (2), the province chief should facilitate it accordingly. If it is not possible, he should go for Article 168 (3). If it fails again, he should facilitate the formation of a new government in line with 168 (5). The government has to be formed under any circumstances.
The UML-Congress has a majority. They stake a claim to form a new government. If the government is dissolved again and formed anew, can any Article be invoked?
Yes. A provision is laid down in the Constitution. It cannot be misinterpreted. The legitimate formation of a government should not be restricted as long as there is an option to form a new government.
Article 168 (7) can be invoked if the government cannot be formed in line with 168 (5). If the government formed as per Article 168 (5) failed to secure the vote of confidence, it would turn into a caretaker government. Then, it would go for the mid-term polls.
The Constitution was violated in the past. Will the history repeat again?
The circumstances, now, have changed. In case the Chief Minister dissolves the government, the UML-Maoist Center will move the court and present signatures from a majority of lawmakers. The court will, then, issue a mandamus directing to take forward the process to form a new government. The past has set a precedent.
UML-Maoist Center is making preparations to field Hikmat Karki as the Chief Minister of Koshi Province. Is the move legitimate?
So far as the case of Hikmat Karki is concerned, he had tendered his resignation after he could not take the vote of confidence.
He had resigned after seeing no possibility of securing the vote of confidence. Hence, he cannot stake a claim for the post of Chief Minister again. It will be against the parliamentary norms and values.
What happens, if the UML-Maoist Center does not field another candidate for the Chief Minister?
Another leadership should be looked for. In case a candidate fails to secure the vote of confidence in the parliament, he cannot take part in the next process in the government formation as per Article 168. This is the parliamentary norm and practice.
