Nepal Election 2082: Two Paths to Prime Minister Appointment and the Process for Forming a New Government
Image source, Reuters
Even after proportional vote counting has concluded, it appears that forming the new government will take more than a week.
The President’s Office has stated that the call to form a government will only be made after receiving the final election result report from the Election Commission. An assistant spokesperson of the commission estimates that preparing this report may take another week.
“Once the commission submits the report, there are two possible approaches: either convene parliament and proceed with the parliamentary process, or appoint the Prime Minister directly,” said Election Commission Assistant Spokesperson Kul Bahadur GC. “How to proceed is a matter for the President to decide. Once the report is submitted, the commission’s role concludes.”
Patriva Rawal, co-spokesperson of the Rastriya Swatantra Party (Raswapa), has affirmed that the party is clear about senior leader Balendra Shah (Balen) becoming Prime Minister; however, the procedural aspects regarding this are still pending internal party decisions.
According to the current vote count, Raswapa has secured a clear majority, winning 125 seats through the direct electoral system and also leading in proportional vote counting.
“There is no disagreement within our party that Balen Shah will become Prime Minister because it is an understanding already in place,” she said when asked about the process of informing the President’s Office or the parliamentary secretariat regarding the Prime Minister candidate from the party. “Those details have yet to be finalized within the party.”
Shah is a senior leader of Raswapa. Before the elections, a seven-point agreement was publicly disclosed between two factions: after the House of Representatives election, Shah would be made leader of the parliamentary party and the prospective Prime Minister, while Ravi Lamichhane would remain the central chairperson of the Rastriya Swatantra Party.
The Upcoming Process
Image source, Getty Images
Officials from the Election Commission state that since the final vote count for proportional seats remains pending, sending the complete report to the President is expected to take about one week.
“We are striving to finalize the exact number of seats allocated to parties under the proportional system as soon as possible,” Assistant Spokesperson GC said. “Once finalized, parties will be given some time to decide on their candidates for proportional seats. Only then will the final result and the report be prepared. This entire process may take approximately a week.”
After receiving this report, President Ramchandra Paudel will invite parties to form a government, according to President’s Office spokesperson Ritesh Kumar Shakya.
“After the report is received, according to Article 76(1) of the Constitution, the President will formally call for government formation.”
This clause states that “the President shall appoint as Prime Minister the leader of the parliamentary party that holds the majority in the House of Representatives, and the Council of Ministers will be formed under their leadership.”
Subsection 8 of the same article also mandates that “the process for appointing the Prime Minister pursuant to this clause must be completed within 35 days from the date of declaration of the final election result or vacancy of the Prime Ministerial post.”
First Parliamentary Session or Prime Minister Appointment?
There has been debate among experts regarding whether members of parliament must take their oaths first before the Prime Minister is appointed, or if the Prime Minister can be appointed before the Parliament convenes for its first session, as published in various media.
Some argue that the Prime Minister must be appointed only after MPs take their oath, while others believe that in cases of a clear majority, the President may appoint the Prime Minister before Parliament’s first meeting.
Padma Prasad Pandey, Secretary General of the Federal Parliament, explains that the law does not specify this clearly, and both approaches are practiced.
“Whether the Parliament convenes first and then forms the government or the government forms first followed by Parliament depends on what the major party decides. The law does not mandate a single process.”
Typically, experts say, after parties select their leaders and they enter the House, the President appoints the Prime Minister.
“However, KP Oli once started the government without first appointing the parliamentary party leader as Prime Minister, instead as party leader,” said former Secretary General of Parliament Manohar Bhattarai.
Experts note that this was the first time such a practice occurred after the 2074 (2017/18) elections, when the coalition formed by CPN-UML and CPN-Maoist Center won a large majority.
“At that time, no one objected to the direct appointment, and it was accepted as the norm.”
However, former Secretary General Bhattarai considers this practice improper.
“Although not explicitly stated in the law, parliamentary traditions are widely accepted akin to rules and regulations. Therefore, breaking these traditions is entirely inappropriate.”
He adds that the majority party must not only select its parliamentary leader but also formally notify the House of Representatives.
“The government is formed by the party with the majority, but this process should not be circumvented,” Bhattarai said. “After election results are finalized and the report reaches the President, and after the oath-taking, the President must issue a formal call. There should be no haste.”
Secretary General Pandey holds a different opinion.
“Taking the oath is a mandatory requirement to be fulfilled before the Parliament meets,” he said.
Constitutional expert Purnman Shakya also states that both processes have acceptance in Nepal.
“No one has challenged this issue in the Supreme Court to prompt a constitutional interpretation and create a precedent,” he said. “Once the MPs of the majority party assemble and declare their parliamentary leader, the Constitution does not explicitly forbid the President from appointing that leader as Prime Minister. With a clear majority, the process can advance before Parliament convenes.”
“The new Prime Minister is sworn in immediately after appointment, followed by the formation of the new government and the conclusion of the previous one. Subsequently, a new parliamentary session is convened at the President’s recommendation.”
Raswapa’s Preparations
Raswapa’s co-spokesperson Rawal stated that immediately after a decision on proportional votes is finalized, prioritizing the finalization of candidate names for those seats will take place, followed quickly by the commencement of the Prime Minister’s appointment process.
“Discussions on this matter are not yet complete, so an immediate response cannot be given, but this process will occur shortly.”
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