Sunday, September 14, 2025
Sub: Developments in Nepal in second week of September '25 and Test of its Proportional Representation system of Democratic Government
- Chandra Bhushan Choudhary
Since the new Constitution of Nepal (adopting Proprtional Representation) was promulgated in 2015, there have been two general elections for the House of Representatives:
2017 Nepalese general election: Held in two phases on November 26 and December 7, 2017.
2022 Nepalese general election: Held on November 20, 2022.
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Sub: On Nepal's Protests and Possible Developments : Previous attempts of dissolution of "House of Representatives" have failed. See details below.
- Dr Chandra Bhushan Choudhary
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Nepal adopted its current constitution on September 20, 2015. Under it elections to its Parliament are thru Proportional Representation. Under that PR system, none else (including PM, President or Supreme Court ) other than the house itself can dissolve the parliament and order an election.
Some necessary knowledge as described in enclosed paragraphs below is a must read before analysing current protests in Nepal. This was about an attempt to dissolve the house in 2020.
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In December 2020, then-Prime Minister of Nepal, K.P. Sharma Oli, decided to dissolve the House of Representatives, the lower house of the Nepalese parliament. This move, made amid a prolonged power struggle within his ruling Nepal Communist Party, was seen as unconstitutional by many.
In response, 13 writ petitions were filed with the Supreme Court of Nepal challenging the dissolution. After two months of hearings, a constitutional bench led by Chief Justice Cholendra Shamsher Rana delivered a historic and unanimous verdict on February 23, 2021.
Here are the key details of the court order:
Decision: The Supreme Court overturned Prime Minister Oli's decision to dissolve the parliament, declaring it unconstitutional.
Reasoning: The court ruled that there were still possibilities of forming a new government under Article 76 of the Constitution, which outlines the process for forming a government. The court concluded that the dissolution was an "arbitrary" move that did not follow the constitutional provisions.
Key directive: The court ordered the reinstatement of the dissolved House of Representatives and directed the government to call a session of the reinstated parliament within 13 days.
Impact: The decision was widely hailed as a victory for constitutional values and democracy in Nepal. It effectively ended the political crisis that had been sparked by the dissolution and annulled all decisions made by the government since December 20, 2020. The verdict also put pressure on Prime Minister Oli to resign, as he was now facing a no-confidence vote.
This ruling was a landmark judgment as it asserted the judiciary's role in upholding the constitution and protecting parliamentary democracy in the country.
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- Dr Chandra Bhushan Choudhary
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Nepal adopted its current constitution on September 20, 2015. Under it elections to its Parliament are thru Proportional Representation. Under that PR system, none else (including PM, President or Supreme Court ) other than the house itself can dissolve the parliament and order an election.
Some necessary knowledge as described in enclosed paragraphs below is a must read before analysing current protests in Nepal. This was about an attempt to dissolve the house in 2020.
-------------------------
In December 2020, then-Prime Minister of Nepal, K.P. Sharma Oli, decided to dissolve the House of Representatives, the lower house of the Nepalese parliament. This move, made amid a prolonged power struggle within his ruling Nepal Communist Party, was seen as unconstitutional by many.
In response, 13 writ petitions were filed with the Supreme Court of Nepal challenging the dissolution. After two months of hearings, a constitutional bench led by Chief Justice Cholendra Shamsher Rana delivered a historic and unanimous verdict on February 23, 2021.
Here are the key details of the court order:
Decision: The Supreme Court overturned Prime Minister Oli's decision to dissolve the parliament, declaring it unconstitutional.
Reasoning: The court ruled that there were still possibilities of forming a new government under Article 76 of the Constitution, which outlines the process for forming a government. The court concluded that the dissolution was an "arbitrary" move that did not follow the constitutional provisions.
Key directive: The court ordered the reinstatement of the dissolved House of Representatives and directed the government to call a session of the reinstated parliament within 13 days.
Impact: The decision was widely hailed as a victory for constitutional values and democracy in Nepal. It effectively ended the political crisis that had been sparked by the dissolution and annulled all decisions made by the government since December 20, 2020. The verdict also put pressure on Prime Minister Oli to resign, as he was now facing a no-confidence vote.
This ruling was a landmark judgment as it asserted the judiciary's role in upholding the constitution and protecting parliamentary democracy in the country.
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Please read the Political, Constitutional and Judicial actions that took place in Nepal in December 2020 in my post above.
As per Nepalese law the current demand in unrest of 2025 to dissolve the Parliament & Formation of a new Government are illegal.
Nepal has a Federal Governance system which gives substantial powers to its seven states, Village Assemblies and Municipal Assemblies.
It may be noted that the current unrest & violence is limited to Kathmandu. Nepal's population of 3 crores is not having any protests in major or even small towns outside of Kathmandu. So there is high probability that a new government will be formed to run the country. Army has not shown any signs yet to take over power of governance.
As per Nepalese law the current demand in unrest of 2025 to dissolve the Parliament & Formation of a new Government are illegal.
Nepal has a Federal Governance system which gives substantial powers to its seven states, Village Assemblies and Municipal Assemblies.
It may be noted that the current unrest & violence is limited to Kathmandu. Nepal's population of 3 crores is not having any protests in major or even small towns outside of Kathmandu. So there is high probability that a new government will be formed to run the country. Army has not shown any signs yet to take over power of governance.
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On September 12, '25,
Current PM Sushila Karki has recommended dissolution of HoR.
This has been opposed by 8 main political parties same day. These parties have been elected by 3 crore people of Nepal through the most democratic process of Proportional Representation.
Opposed to that Karki has been installed as PM by only 10 -20 thousand young men agitating violently only in Kathmandu and Birganj.
I am sure the constitution of Nepal will win and HoR will continue its existence full term take appropriate decision for governing Nepal.
Pl see the news about it in the news clip posted below. See the underlined sentences.
T0I Paper Clip in attachment.
Current PM Sushila Karki has recommended dissolution of HoR.
This has been opposed by 8 main political parties same day. These parties have been elected by 3 crore people of Nepal through the most democratic process of Proportional Representation.
Opposed to that Karki has been installed as PM by only 10 -20 thousand young men agitating violently only in Kathmandu and Birganj.
I am sure the constitution of Nepal will win and HoR will continue its existence full term take appropriate decision for governing Nepal.
Pl see the news about it in the news clip posted below. See the underlined sentences.
T0I Paper Clip in attachment.
