Kathmandu – A constitutional dispute has emerged after Prime Minister KP Sharma Oli did not seek a vote of confidence even though a coalition partner, the Nagarik Unmukti Party, formally withdrew its support on Ashar 22.
According to Article 100(2) of the Constitution, if a party in government withdraws support, the Prime Minister must seek a confidence vote in Parliament within 30 days. Oli’s government did not do so, prompting a writ petition at the Supreme Court challenging its legitimacy.
Although the Nagarik Unmukti Party later sent a letter renewing its support after the 30-day deadline, critics argue this does not override the constitutional requirement. The Supreme Court has asked Oli, the Speaker, and other parties to provide written responses to four constitutional questions, including whether the government has effectively turned into a caretaker administration.
The Court has scheduled a hearing for August 27 to decide whether an interim order should be issued. Legal experts say the Constitution clearly requires a confidence vote once a coalition partner withdraws support, regardless of whether the government still holds a majority.
Government officials, however, argue no formal withdrawal has occurred because Nagarik Unmukti’s ministers remain in office, so no confidence vote is necessary. Parliament officials maintain that the party is currently registered as opposition, making the government’s position unclear.
The Court’s decision will determine whether Oli’s government has violated the Constitution by avoiding a floor test and whether it should now be treated as a caretaker government.
NP