Former Chief Justice of Supreme Court Sushila Karki has been agreed to make Nepal’s interim PM
After the resignation of several ministers including Bawal and PM Oli, Nepal has elected its interim Prime Minister. Former Chief Justice of Supreme Court Sushila Karki will be the first woman interim PM in the country.After Oli’s resignation, the name of Kathmandu Mayor Balen Shah and Kulman Ghising, the head of the electricity board, also emerged rapidly but the final consent was formed after Karki. Now she will hold this post till the next election. Now the question is what the constitution of Nepal says on PM and interim PM? How much power does the interim PM have?
Nepal’s politics is often in the headlines due to instability and change of power. Despite the adoption of parliamentary democracy, coalition politics, party-circle, and internal tussle here have made it difficult to form a stable government. In such a situation, the question often arises that when a Prime Minister loses his majority or resigns, what is the role and powers of the interim Prime Minister. The post of Prime Minister in Nepal depends on the majority of Parliament and the recommendation of the President like the Indian system.
When someone leaves the post of Prime Minister, fails to prove the majority or is dissolved, the President maintains the same person as an interim Prime Minister to save the country from the zero of the executive until the new Prime Minister is appointed. After adopting democracy, Nepal saw the interim PM on many occasions. This happened every time when the alliance broke, till the next arrangement, there is a system of giving responsibility to the same PM as a caretaker. But this time the matter is completely different.
It has been agreed to make Sushila Karki an interim PM
What does Nepal’s constitution say?
The current constitution of Nepal is 2015 (Constitution of Nepal-2072 “adopted by the Constituent Assembly). In this, Section 76 provides for the appointment of the Prime Minister, majority and the status of losing the post. Section 76 (7) says, if the new Prime Minister is not elected after the Prime Minister’s resignation or after being removed from the post, the President allows the former Prime Minister to remain executive until the new Prime Minister is appointed. The Constitution does not address the interim Prime Minister with the word Caretaker PM, but the same situation arises in practice.
The Constitution of Nepal says that the elected Prime Minister will have to prove a majority within 30 days. This is the reason why Sushila Karki will currently work as an interim PM. There will be further elections,If a party does not get a majority, then the President can choose the leader of the largest party as PM. Under the multi -party system, the President can decide to choose the PM. However, the PM will have to prove his majority in 30 days. If this does not happen, then the President can appoint a member of the House of Representatives. In case of lack of majority, you can dissolve Parliament.
What are the powers of the interim Prime Minister?
The role of the interim Prime Minister is completely limited executive. Its purpose is only to run routine administration and keep the country stable till elections or power transfer. Interim Prime Minister can execute the following tasks.
- Taking daily government work and administrative decisions.
- Giving daily guidelines to public services and departments.
- Budget provisions and to pursue already approved schemes.
- Essential appointments, which have only necessary and immediate nature.
- Cooperation in conducting the election process in a smooth manner.
What cannot interim Prime Minister not do?
- Change in any major policy like new foreign policy, international agreement, national security strategy etc.
- To introduce long -term financial plans and large investment projects.
- To make mass appointment to constitutional posts.
- Creating and implementing new bills after the Parliament is dissolved.
- Taking a decision that forces the future government.
Role of President and Parliament
- The post of President in Nepal is basically symbolic, but his role becomes important at the time of political confusion.
- In the case of the interim Prime Minister, the President ensures thatDo not become zero of power.
- Till the new Prime Minister, the old Prime Minister remained in Caretaker Mode only.
- The process of proving the majority should be implemented under Section 76 of the Constitution.
- The role of Parliament is that as soon as a new majority comes out after the election, it can recommend to the President.
When was the case stuck earlier?
The republic has been formed recently after the end of the monarchy in Nepal. Interim Prime Minister was appointed several times during the transition period. In 2013, after the resignation of Baburam Bhattarai, Chief Justice Khadraj Regmi was made the head of the caretaker government till the election. In the year 2021, KP Sharma became the court and the President’s role in the tussle between Oli and Sher Bahadur Deuba. It is clear from these incidents that in constitutional confusion, the interim Prime Minister creates a ‘status quo’ system, so that the government continues till the elected government comes. There should be no confusion in front of the country.
There is interim system in many countries of the world
In India too, Caretaker PM remains on the resignation of the Prime Minister or on the announcement of elections and they can only take routine decisions. After the youth’s movement in Bangladesh, PM Sheikh Hasina had to leave the country and flee to Mohammad Yunus as acting chief. They are running the country. The tradition in parliamentary democracy like Britain is that Caretaker Government does not take any major policy decisions. Therefore, the system of Nepal matches countries with international democratic traditions.
Current political tension and dispute
The government in Nepal has been repeatedly unstable. Recently, the breakdown of alliances and the interference of the courts intensified the debate that the interim Prime Minister has authority and where the border is drawn. Critics say that many times the interim Prime Minister goes beyond the constitutional dignity and make big decisions (eg top appointments, sensitive agreements).
Supporters argue that they are in office as government, so they can exercise rights. But both the judiciary and the constitutional tradition are inclined on the same side that Caretaker PM remains limited to daily administrative works.
Why is this limit necessary for democratic stability?
If the interim Prime Minister gets open rights, then he can rigor the election for his own benefit while in power. Can stop the path of opposition or tie the hands of the future government. That is why the strengths of the Caretaker system are deliberately limited in all democracy. This is only a system of keeping democratic infection smooth, not an alternative permanent mechanism to rule.
The position of the interim Prime Minister of Nepal is completely limited. Section 76 of the Constitution 2015 defines its origin, although the list of powers was not given in detail. Tradition, courts and political experiences have created the principle that the interim Prime Minister should only run daily administration, maintain stability till elections and transfer power to the new Prime Minister. Given the unstable politics of Nepal, the post of interim Prime Minister should be seen only as the Custodian of Transition.