Background&nbsp;
July 2022: Both Houses of Parliament passed an amendment to Nepal’s Citizenship Act 2006. Called the Nepal Citizenship (First Amendment) Bill, it was sent to former Nepal President Bidya Devi Bhandari for formal ratification. 
 
August 2022: Bhandari sent the bill back to the Sher Bahadur Deuba-led Lower House with 15 ‘concerns and suggestions’ for review. 
 
September 2022: The bill was once more passed by both Houses of Parliament without any changes, but <a href="https://www.nepalitimes.com/news/president-s-precedent">Sital Niwas allowed its 20 September ratification deadline to lapse</a>. Since the ceremonial head of state did not authenticate the bill, it was rendered null and void. Many saw this deadlock as a result of the power struggle between the opposition UML, which had appointed Bhandari president, and the NC-UML coalition. 
 
September 2022: Parliament was dissolved after completing its five-year term. 
 
March 2023: President Bhandari herself completed her tenure and was succeeded by Ram Chandra Poudel. 
 
31 May 2023: President Poudel authenticated the Citizenship Amendment Bill rejected by his predecessor, following a recommendation by the Council of Ministers.
Read also: <a href="https://www.nepalitimes.com/here-now/nepals-unequal-citizenship-law">Nepal's unequal Citizenship Law</a>, Ajay Pradhan
What is in it?
The amendment clears the way for children of parents who got citizenship by birth to become citizens by descent and paves the way for hundreds of thousands of Nepalis, especially in the Tarai, to finally become Nepali citizens. The bill also allows Non-Resident Nepalis (NRNs), except for those residing within South Asia, to acquire dual citizenship but without the right to vote.&nbsp;
Activists have long said the bill’s restrictions on citizenship for children born to single mothers as well as the process of obtaining naturalised citizenship were discriminatory towards women.
The bill allows foreign women married to Nepali men to immediately obtain naturalised citizenship provided the women renounce the citizenship of their country of origin. But there is no similar provision for foreign men married to Nepali women to get Nepali citizenship.&nbsp;
Meanwhile, children born to Nepali mothers born in and residing in Nepal whose fathers are not identified are eligible for Nepali citizenship by descent. However, the woman must make a self-declaration that the father cannot be identified and she can be imprisoned if the claim turns out to be false.
A Nepali man does not have to mention any details of the mother of their child to get citizenship. A child born to a Nepali man married to a foreign woman can obtain citizenship by descent, but a child born to a Nepali mother and a foreign father will only be eligible for naturalised citizenship provided the state deems it okay.&nbsp;
Read also: <a href="https://www.nepalitimes.com/banner/are-women-not-nepali-enough">Are women not Nepali enough?</a>, Sahina Shrestha
What now?&nbsp;
President Ram Chandra Poudel’s authentication of the Citizenship Amendment Bill on 31 May on the eve of Prime Minister Dahal’s official visit to India drew both outrage and appreciation from across the political spectrum and civil society.
While NRNs as well as hundreds of thousands of people mostly in the Tarai deprived of citizenship welcomed the move, some constitutional and political experts were critical of the process by which the president ratified the bill.&nbsp;
“In a parliamentary system, neither the President nor the government has the right or the authority to validate a dormant bill, one passed by an already lapsed House,” said constitutional expert Bipin Adhikari. “The ball was not in President Poudel’s court.”
Usha Malla Pathak, former Vice President of the Nepal Bar Association, agreed: “The move by the President to authenticate the bill, which was not passed by a new Parliament, is unconstitutional so there is no point debating its merits.”
While some parties are entirely against the bill, others seem to agree with some parts of it while disagreeing with others-- especially provision allowing foreign women married to Nepali men to obtain naturalised citizenship without any waiting period.
Read also:<a href="https://www.nepalitimes.com/editorial/patriarchy-in-an-oligarchy"> Patriarchy in an oligarchy</a>
Nationalist groups have said the bill would open the floodgates for Indians to marry Nepalis and settle down in the Tarai. Critics wondered if there was a connection to the timing of the ratification just before Prime Minister Dahal’s official visit to India.
Members of Dahal’s coalition, including the NC’s GaganThapa have publicly criticised the bill. Rabi Lamichhane’s RSP has called the bill anti-national.&nbsp;
On Sunday, the Supreme Court acting on a writ petition issued an interim order against the implementation of the amendment bill. Many without citizenship who had reached government offices across the country to get their certificates were once again turned back.&nbsp;
In Parliament on Monday, Prime Minister Dahal deferred decision on the bill to the apex court, whereas the opposition UML leader K P Oli called for a new bill to be tabled in the House for discussion.
The Supreme Court Bar Association on Tuesday put out a statement calling the authentication of the bill unconstitutional.
‘It is the opinion of the Bar Association that the honourable president has approved the Citizenship Bill against Nepal’s parliamentary system, the Constitution, and the principle of the separation of powers,’ wrote Bar Secretary Shyam Kumar Khatri.
Read also: <a href="https://archive.nepalitimes.com/news.php?id=18401#.YuNBD-xByrc">Stateless in their motherland</a>, Kunda Dixit
<h2>Once a Nepali, always Nepali</h2>
Much of the to-and-fro about the Citizenship Amendment Bill which has been blocked by the Supreme Court after ratification by President, has centred on the fact that the president should not have approved a bill that was passed by a lapsed parliament.&nbsp;
However, many Nepalis are not worried about due process not being followed, but on the contents of the bill: specifically the provision allowing foreign women married to Nepali men to immediately obtain naturalised citizenship. The <a href="https://www.nepalitimes.com/news/indian-nepalis-alarmed-by-citizenship-amendment-bill">rhetoric</a> surrounding this debate has been hyper-nationalist, anti-Indian, and anti-Madhes.&nbsp;
The opposition UML has been using similar nationalist and populist talking points to criticise the bill, and the RSP, the new party of young professionals which exited the governing coalition joined the fray, calling it “anti-national”.
One notable aspect of the bill that has been overshadowed is the provision for Non-Resident Nepalis (NRNs) to finally obtain dual citizenship. NRNs will however not be allowed to vote, run for public office or hold civil service jobs, and dual citizenship applies only to overseas Nepalis and not those in South Asia.
NRNs seeking dual citizenship need to present proof that their parent or grandparent is a Nepali citizen. They must present proof of having renounced Nepali citizenship, and must have foreign citizenship.
Those who have not renounced their Nepali citizenship previously cannot use the same identification and must present their old citizenship before they obtain a new Nepali citizenship.&nbsp;
Read also: <a href="https://www.nepalitimes.com/banner/nepals-suffragette-moment/" target="_blank">Nepal's suffragette moment</a>, Om Astha Rai
NRNs can open bank accounts in Nepal, own and operate businesses and conduct trade, buy land and property, inherit assets, make investments.
The Non-Resident Nepalese Association (NRNA) promptly welcomed the bill’s authentication, saying in a statement:&nbsp;
‘The bill addresses the long-standing demand for Non-Resident Nepali Citizenship from millions of non-resident Nepalis scattered around the world since 2003. We are confident that this step by the Honourable President will soon give meaning to the NRNA mantra of Once a Nepali, always a Nepali.’
It added that this connects Nepali people worldwide to their homeland and utilise their knowledge, skills, and capital to benefit Nepal.
<div class="embed-block"><blockquote class="twitter-tweet">I’m so pleased to hear that Nepal’s Government have just passed a new Citizenship Bill – this is great news - why? For a number of reasons but one is that now Non-Resident Nepalis (NRNs) – including Gurkhas - can have dual citizenship. Currently around 2.17 million Nepalis live… <a href="https://t.co/HIXLJUKzgf">pic.twitter.com/HIXLJUKzgf</a>&mdash; Nirmal Purja MBE (@nimsdai) <a href="https://twitter.com/nimsdai/status/1664185815419977733?ref_src=twsrc%5Etfw">June 1, 2023</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>
Although some overseas Nepalis that Nepali Times spoke to said they had no knowledge about the bill, others were overjoyed that they could now invest in Nepal and contribute to the home economy.&nbsp;
Former British Army commando and mountaineer Nimsdai Purja was among those who took to social media to express his appreciation.
‘Granting NRN this new legal citizenship…will allow NRNs to practice full economic, social and cultural rights. I believe it is a step in the right direction towards a more positive and prosperous future for the country,’ wrote Purja. ‘This makes tourism and investment easier … means that the wealth is distributed from central areas like Kathmandu to less wealthy communities in mountain areas.’&nbsp;

Shristi Karki

original

674x448

610x380

500x500

400x266

400x240

400x203

301x200

1250x600

1084x550

Nepal’s Citizenship Amendment Bill explained

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20230208140212/63e3a0879c7e80680e0d703fjpeg.jpg" alt="" width="960" height="640"/><figcaption></figcaption></figure>On 10 January, Nepal’s Prime Minister Pushpa Kamal Dahal received an almost unanimous vote of confidence in Parliament, including from the Nepali Congress (NC), which is the biggest party in the House and is not part of Dahal’s seven-member coalition.In defence of his decision, Deuba proclaimed that his party had decided to give Dahal vote of confidence to protect the Constitution from the coalition itself -- hinting that he has as coalition partner K P Oli who had dissolved Parliament in 2021 to protect himself. But in doing so, Deuba has made a mockery out of the democratic process, creating a legislature without opposition to hold the government to account.A national consensus on government formation is expected only in situations of common national interest, such as war or disaster, but clearly personal ambition and partisan interest has taken precedence over the national interest in Nepal.Prime Minister Dahal dangled the presidency before the NC and top leadership took the bait, obliterating the opposition and endangering democracy. Deuba made it clear he wants to have his cake and eat it too, stating that his party will remain in the opposition but is “open to accepting” positions of President, Vice President, Speaker or Deputy Speaker. Is that all, Mr Deuba?Even Shekhar Koirala and Gagan Thapa, the leaders of a rival faction within the NC, approved Deuba's platform despite initial criticism. With this, hopes are dashed that NC's 'Young Turks' will ever create an ideological and institutional renaissance within the party.The NC had an opportunity to be a strong opposition, strengthen its organisation without encumbrance from and obligations to other parties, and re-establish itself as the country’s oldest democratic power. As the party with the strongest mandate in Parliament, it could have used public sympathy for being kept out of power due to political manoeuvring to gain back the trust of the people.However, Deuba’s refusal to give up his premiership which consequently cost his party the government, and his inability to be an effective opposition has meant that the NC is now worse off in the eyes of the Nepali people.As it is, people’s trust in the establishment has eroded progressively due to historical political mismanagement and most recently during the Covid-19 pandemic when both the NC and K P Oli’s UML were too busy with their power struggle to much care for public health.Frustrated Nepalis voted in droves for new, young candidates within former tv anchor Rabi Lamichhane’s Rastriya Swatantra Party (RSP) especially in the urban centres, and for CK Raut’s Janamat in the Tarai and Nagarik Unmukti in the far west. Meanwhile, the general election also saw a re-emergence of the royalist-right Rastriya Prajatantra Party. All of these parties have now become important players in government.There is still time for the NC to undo the mistake it made by giving the vote of confidence to Dahal. It would do well to remember that Nepali voters trusted the party enough that it is the largest party in Parliament. NC lawmakers can uphold that trust by safeguarding the Constitution and democracy. Instead of being a lapdog of the government, they can be the loyal opposition to make the government accountable.Analysts have also pointed out the possibility of geopolitical manoeuvring and interference preventing NC from becoming a strong opposition. If this is the case and Nepal’s top political leadership has become pawns of neighbouring nations, our democracy is in an even bigger trouble than we thought.A government with unconditional backing makes for an extremist kleptocracy that abuses its power and a kakistocracy that exploits citizens and plunders state resources. And even parties that historically fought for democracy, republic and federalism can drift to extremism.In the absence of a strong opposition, there is a danger that the ruling coalition will call all the shots. This argument has even more basis, given that the government is led by Dahal who is still proud of the 10 years of armed struggle that propelled him to power under a multi-party parliamentary system.Nepal’s mixed electoral system makes it difficult for any one party to establish a majority. And while abolishing Proportional Representation (PR) elections would be a step towards building a stable government, this will not be possible until political parties ensure inclusivity in choosing election candidates, and Nepal has a diverse Parliament without it being a constitutional requirement.Until such a time, Nepal will inevitably (and sadly) go through one shaky coalition government after another.Rabin Giri

Nepal’s illiberal democracy

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20230208140212/63e39fe29c7e80680e0d7010jpeg.jpg" alt="" width="1500" height="2500"/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>On Tuesday, Prime Minister Pushpa Kamal Dahal cleared a floor test in Parliament, securing 268 out of 270 votes of confidence to keep his position.With 89 lawmakers from the Nepali Congress (NC) deciding to back him, Nepal’s Parliament has become a one horse race.The Maoist Centre (MC) chair was appointed Prime Minister after breaking the five-party coalition led by Sher Bahadur Deuba’s NC and with support from seven parties led by K P Oli’s UML. The Dahal-Deuba alliance fell through following a failure to agree on who would be Prime Minister first under their power-sharing deal.That the main opposition party (and one that had most seats in Parliament) chose to give Dahal the vote of confidence has invited much concern and criticism, both from within and outside Parliament.Only two parties, who have one lawmaker each in Parliament, voted against Dahal on Tuesday:  Rastriya Janamorcha Party (RJP) chair Chitra Bahadur KC, and Nepal Majdur Kisan Party (NMKP) leader Prem Suwal.Read also:<a href="https://www.nepalitimes.com/editorial/nepals-political-economy/"> Nepal’s political economy</a>, Editorial"Opposition to the government is crucial in a democratic system. Without a strong opposition, government becomes autocratic,” thundered Chitra Bahadur KC in his address to the House. “What we have seen today sets a dangerous precedent, and weakens our democracy.”A leader of the third-largest party in Parliament that commands just 32 seats — only 18 of which were obtained through direct ballots —becoming Prime Minister was already illogical to begin with. Now, he has no opposition at all.Deuba’s decision to give Dahal his party’s vote of confidence has diminished NC’s role and responsibility to be a watchdog (some would say lapdog) of government. A Parliament sans opposition means there is no one to hold power to account.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20230208140212/63e39fe69c7e80680e0d7011jpeg.jpg" alt="" width="960" height="640"><figcaption> </figcaption></figure>For his part, Deuba remarked that his party had decided to give Dahal his party’s vote of confidence to protect the Constitution from the coalition itself, referring to Oli’s comments about dissolving Parliament.That Dahal and Deuba have come together after their divorce indicates the fear both have that K P Oli of the UML was becoming the power behind the throne in the coalition. The NC’s decision to back Dahal would most certainly clip the UML’s wings slightly.Read also: <a href="https://www.nepalitimes.com/banner/for-whom-the-bell-tolls/">For whom the bell tolls</a>, Shristi KarkiHowever, in giving the new Prime Minister his vote of confidence, Deuba once again went against notable leaders of his own party, including Shekhar Koirala, Gagan Thapa, Bishwa Prakash Sharma and newly elected young MP Pradip Poudel, who had been firmly and openly against supporting Dahal.Dahal and Oli has have a rocky partnership themselves, and many have doubts about how long this coalition will last. Oli himself seemed to warn Deuba not to act too smart in a speech to Parliament on Tuesday, saying: “Any attempt by the NC to spring a political trap will be unwise and fruitless.”But Deuba’s show of support has also tipped the scales of power a bit more towards Dahal, who had been at a disadvantage since he lost key positions for his party to Oli and the UML in favour of securing the premiership for himself.While another confidence motion cannot be called for two years, any party can exit the coalition at any time. Given the past bad blood between Oli and Dahal, there is every possibility of them falling out again, which Deuba can capitalise on.Dahal’s alliance also includes Rabi Lamichhane’s independent RSP, Rajendra Lingden’s royal-right RPP, Ramsahay Prasad Yadav-led JSP, former separatist CK Raut’s Janamat, and the Tharu-dominant Nagarik Unmukti.Read also: <a href="https://www.nepalitimes.com/banner/oli-dahal-political-deja-vu/">Oli-Dahal political déjà vu</a>, Santa Gaha Magar<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20230208140212/63e39fea9c7e80680e0d7012jpeg.jpg" alt="" width="2480" height="1624"><figcaption> </figcaption></figure>Nepal’s government is now a melting pot of career as well as anti-establishment politicians, royalists and communists, as well as pro and anti-federalist forces.With the relationship between leaders of the left-led coalition as unpredictable as it is, the RSP as the fourth-largest party in parliament will play an even more important role for both the Maoists and the UML in the future. Which party it aligns with on agendas could determine the future of  provincial governments and federalism respectively.Meanwhile, the Janamat and Nagarik Unmukti parties will look to expand their political influence as well as leverage to free their members, like the Resham Chaudhary, from prison.Following the confidence vote, all eyes will now be on the selection of the Speaker on 19 January, the next President, as well as the 17 unfilled Cabinet positions.Dahal having secured the premiership for himself means the UML and the RSP had more say in ministries and presidency. But the NC joining in support of Dahal has complicated Oli’s plans.The challenge for Dahal now will be to appease leaders of multiple parties with limited positions so that he might keep his shaky alliance intact.Read also:<a href="https://www.nepalitimes.com/editorial/new-year-challenge-to-new-government/"> New year challenge to new government</a>, Editorial

Nepal's opposition-less Parliament

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221114131140/637238059c7e80680e0c7363jpeg.jpg" alt="" width="600" height="366"/>Nepali Congress Joint General Secretary Mahalaxmi Upadhyay recalls how she missed a call from a journalist because she was attending an event.When she called back later, the reporter replied to the Member of Parliament, “I couldn’t reach the party vice-president, so I called you.”Another time, Upadhyay was meeting the press with other women in leadership to brief them on how underrepresented female politicians were in the news media. One editor said he listened to women: he always called up a politician’s wife for inside information.Chanda Chaudhary, an MP from the Loktantrik Samajwadi Party, recalls a well-regarded tv anchor telling her without a hint of regret that there were no women politicians worth inviting to his talk show.Binda Pandey of the UML sees Nepali politics as a revolving door of ageing politicians — mostly male, and some female who behave like men — who are always given office as if there were no one else in the party who deserved it.Read also: <a href="https://www.nepalitimes.com/here-now/the-power-to-have-a-say-in-her-story/">The power to have a say in her-story</a>, Shristi KarkiNepal’s women politicians have had enough. They feel so strongly about being excluded that they have banded together across party lines to share these experiences with the media. They have been galvanised into action by their parties once more trying to short-circuit affirmative action policies in the Constitution allowing greater women’s representation in provincial and federal elections on 20 November.Women politicians are on the list, but they are not given tickets to stand for direct elections and are confined to proportional representation registers.In the 2017 elections, 41% of locally elected representatives were female, whereas there was 34% women’s representation in provincial elections. At the federal level, the Upper House has 37% female representatives, while 33.1% of MPs in the House of Representatives are women.The Global Gender Gap Index ranked Nepal 61st out of 155 countries in political participation, and 40th in terms of women in parliament. Nepal is currently one of only 35 countries in the world that has a female head of state or government.Nepalis like to tout positive statistics, and the fact that we have a female president and once had a female Speaker and Chief Justice finds its way into every discourse about gender equality. While these numbers are encouraging, the ground reality of Nepali women politicians is starkly different.Read also: <a href="https://www.nepalitimes.com/latest/nepali-leaders-unable-to-accept-women-in-power/">“Nepali leaders unable to accept women in power”</a>, Nepali TimesAfter the May local elections, only 69 out of 753 municipalities and metropolitan cities are led by female chiefs, with most women getting tickets for deputy chief positions because Nepal’s Local Government Act requires at least one female candidate between the chief and deputy chief.Out of the 91 women in Parliament (exactly 33% as per the Constitutional requirement) only seven were directly elected, and the rest through the proportional representation system.Women are getting into the legislative through their quota, but not through direct ballot. Nor are they given decision-making executive roles. Were it not for constitutional mandates and affirmative action policies, they might not even be in those positions.Getting elected is half the battle. Female leaders recount how those nominated through proportional representation are seen by their male counterparts as someone less deserving and competent than those directly elected.What this means is that women in political leadership, just like many Nepali women at home or in the workplace, are expected to be grateful that they were even allowed to enter the Parliament premises.Read also: <a href="https://www.nepalitimes.com/latest/women-leaders-set-example-for-rest-of-nepal/">Women leaders set example for rest of Nepal</a>, Laxmi BasnetElected women face gendered condescension on a daily basis. They are second choices when it comes to interviews, opinions and media representation. Male leaders are addressed simply by their full names, or by adding जी at the end of their names, while female politicians get addressed as दिदी or बहिनि.All this has forced many women aspiring to political leadership to speak and behave like their male counterparts, often at the expense of their femininity and identity.Maoist Centre MP Anjana Bishankhe is fed up with women trying to make it to the top presenting themselves in a masculine way just to be considered seriously for leadership roles. “Why do I need to change to conform to the patriarchy?” she asks.Women leaders are actively campaigning to compete directly in the election and to be given a 50% seat at the table. But they are up against the formidable patriarchy of their parties.While voters need to be informed and vote for capable female leaders in future elections, political parties need to nominate them for competitive positions first. After that it will be up to the Nepali people to vote more women to office come November.Read also: <a href="https://www.nepalitimes.com/editorial/reward-performance/">Reward performance</a>, EditorialShristi Karki

Affirmative inaction

<img width="2211" height="1541" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161152/636d1ea99c7e80680e0af421jpeg.jpg" alt=""/>A <a href="https://www.nepalitimes.com/banner/mcc-ball-in-nepals-court/" target="_blank" rel="noopener noreferrer">$500 million American grant</a> to upgrade Nepal’s infrastructure appears at first glance to be delayed because of domestic politics. But the real reason seems to be Beijing’s opposition to the project, and its pressure on politicians not to implement the project.Sources say the Chinese government has been showing unusual interest in the Millennium Challenge Corporation (MCC) project as Prime Minister Sher Bahadur Deuba prepares to present it for approval by the winter session of Parliament, <a href="https://www.nepalitimes.com/latest/mcc-row-rocks-nepals-ruling-coalition/" target="_blank" rel="noopener noreferrer">despite opposition from coalition partners</a>.On 22 December, Chinese Ambassador to Nepal Hou Yanqi made a hasty trip to the Balkot residence of former prime minister KP Oli of the opposition UML. <a href="https://www.nepalitimes.com/editorial/knowing-whats-good-for-nepal/" target="_blank" rel="noopener noreferrer">Oli and Deuba back the American project</a>, and some see this meeting of minds on the MCC even <a href="https://www.nepalitimes.com/editorial/just-do-it/" target="_blank" rel="noopener noreferrer">triggering a breakup of the governing coalition</a>.On 13 December, Vice Minister Chen Zhou of the International Department of the Communist Party of China (CPC) held a video conference with the newly-elected UML General Secretary Shankar Pokharel.Pokharel is said to have assured Zhou that his party would not allow activities that could damage Sino-Nepal relations. The UML’s Bishnu Rijal confirmed that Zhou’s call was about the MCC, but added ambiguously: “He must have had queries about development projects that China’s neighbouring country is undertaking.”<a href="https://www.nepalitimes.com/latest/missing-links-in-nepals-mcc-debate/">Missing links in Nepal’s MCC debate</a>, Jeevan R Sharma and David SeddonZhou had a similar chat with Madhav Kumar Nepal of the Unified Socialists who is also reported to have reiterated that he opposed anti-China activity in Nepal. Nepal has publicly stated he would reject the MCC if it could affect ties with neighbouring countries. CPC officials also held virtual meetings with Pushpa Kamal Dahal of the Maoist Centre, who has not hidden his opposition to the MCC.A government official, speaking on condition of anonymity, said: “There is no doubt that China does not want the MCC to go ahead, it has already conveyed as much to the top political leadership.”Speaker Agni Prasad Sapkota of the Maoist Centre, who is close to Beijing, has said the MCC would not move forward under his watch. His predecessor Krishna Bahadur Mahara publicly admitted to stopping MCC ratification because it was anti-Chinese.“China has already sent the message that it will not sit idly if the development activities in Nepal undermine its interests here,” Nepal’s former ambassador in Beijing Mahendra Bahadur Pandey told Nepali Times. “China has been concerned about the MCC from the very beginning, and views it with suspicion.”<a href="https://www.nepalitimes.com/latest/mcc-damned-if-we-do-damned-if-we-dont/">MCC: damned if we do, damned if we don’t</a>, Nepali TimesChina’s objection to the MCC is most noticeably expressed through op-eds. Wang Yiwei, a professor of international relations at the Renmin University, in one interview with <a href="http://nepalkhabar.com/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://nepalkhabar.com&amp;source=gmail&amp;ust=1640329948769000&amp;usg=AOvVaw1-5zGkO7r9layvLRxbBfav">nepalkhabar.com</a> last October called the MCC ‘an American ploy’.Diplomatic affairs expert Geja Sharma Wagle says that besides the Americans, Nepal needs to balance the interests of its neighbours India and China as well. He says, “It is in Nepal’s best interest to implement both the American MCC and Chinese BRI projects based on our national needs.”Many analysts see the MCC as America’s response to <a href="https://www.nepalitimes.com/latest/bri-and-trans-himalayan-connectivity/" target="_blank" rel="noopener noreferrer">Beijing Belt-Road Initiative (BRI) </a>which promotes connectivity and infrastructure in order to benefit China’s influence and trade in the region.Apart from Dahal’s CPN (Maoist Centre) and Nepal’s CPN (Unified Socialist), other coalition members Janata Samajwadi Party and Rastriya Janamorcha are also against the American grant. Even the Hindu-Right Rastriya Prajatantra Party recently spoke against it. Deuba called an all-party meeting this week to discuss the MCC, but Oli did not show up. Representatives of other parties reiterated their opposition to the compact in its present form. Jhala Nath Khanal of Unified Socialists was once more named to a committee to further study the MCC agreement.Dahal and Nepal used KP Oli’s support for the MCC against him in a<a href="https://www.nepalitimes.com/latest/mcc-row-damages-nepals-credibility/" target="_blank" rel="noopener noreferrer"> bitter power struggle</a> that did not just split the Nepal Communist Party, but also the UML. They were so successful in generating public opinion against the MCC, saying it was an American strategy against China, that they find it difficult to back it now, especially with <a href="https://www.nepalitimes.com/here-now/all-eyes-on-2023/" target="_blank" rel="noopener noreferrer">elections a year away</a>.  Dahal is also concerned about his Maoist Centre general convention.At the height of political infighting last year, Chinese Ambassador Hou Yanqi lobbied unsuccessfully to keep Nepal’s communists united. Now that KP Oli is in the opposition, he is not as openly pro-MCC, but sees it as a weapon to get back at Deuba and Dahal by splitting their coalition — even if it means forging an alliance with the NC.Nepal signed the MCC agreement in Washington in 2017 when Deuba led a similar NC-Maoist coalition. The US has repeatedly said that the project is a grant that Nepal qualified for, and has no strings attached. MCC Vice President Fatima Sumar and US Deputy Secretary of State Donald Lu <a href="https://www.nepalitimes.com/latest/nepal-stuck-between-rock-and-hard-place/" target="_blank" rel="noopener noreferrer">visited Nepal recently</a>, and reportedly gave Deuba an ultimatum to have Parliament ratification by the end of this year. <img width="1142" height="868" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110161152/636d1eac9c7e80680e0af422jpeg.jpg" alt="">Experts say the MCC is important to expand Nepal’s power grid into the future with 400kVA transmission lines that can also allow Nepal to export more surplus electricity to India. Nepal will be generating 4,500MW of hydroelectricity in the next three years, and over 12,000MW by 2030, and much of it risks being wasted if it cannot be supplied to load centres. In monetary terms, Nepal’s <a href="https://www.nepalitimes.com/banner/nepals-precious-electricity-going-waste/" target="_blank" rel="noopener noreferrer">power producers could lose</a> at least Rs142 billion annually. Which is why energy experts say Nepal should start work immediately on transmission lines even if the MCC does not go ahead.Although most of the $500 million project is for upgrading transmission lines, it will also improve highway connectivity in central Nepal to <a href="https://www.nepalitimes.com/latest/generating-electricity-and-cash-for-nepalis/" target="_blank" rel="noopener noreferrer">boost economic growth</a>.  Read also: <a href="https://www.nepalitimes.com/latest/the-cost-of-no-mcc/">The cost of no MCC</a>, Nepali Times

China lobbying against MCC

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d02399c7e80680e0a366djpeg.jpg" alt="" width="2154" height="1068"/><figcaption></figcaption></figure>When the coalition government of Prime Minister Sher Bahadur Deuba took office in July, many had hoped it would restore stability after a prolonged political feud. But the alliance has not even been able to complete government formation, nor pass the budget and important legislation on stricter punishment for gender-based violence.Turmoil in Parliament this week, including physical confrontations between members that had to be controlled by marshals, has also meant the budget has not budged, and this has led to a government shutdown from Wednesday — affecting hospital care during the pandemic.Continued opposition by the main opposition UML has meant that besides the budget, critical pieces of ordinance, including one to increase <a href="https://www.nepalitimes.com/opinion/rape-rulings-in-nepal-follow-letter-not-spirit-of-the-law/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/opinion/rape-rulings-in-nepal-follow-letter-not-spirit-of-the-law/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNE0uJWaELyu9SdhwI_oKEXopsk9zw">punishment for rape</a> and acid attacks against women have lapsed.“This has bolstered the morale of criminals because it will protect them from punishment,” says Tika Dahal of the Nepal Organisation of Handicapped Women.“It is a crime to threaten victims or buy them off, and the inability to pass these ordinances will mean that fewer women will come forward to lodge complaints,” she adds. There has been a <a href="https://www.nepalitimes.com/latest/in-nepal-lockdown-a-domestic-violence-spike/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/in-nepal-lockdown-a-domestic-violence-spike/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNHWmrd7UmCdVcOO4lA4MaauH1-llg">significant increase in the number of reported rape cases </a>during the Covid-19 pandemic.The ordinances had in the past months brought down the number of rape cases where the perpetrator’s family tried to negotiate a settlement with the victim through intimidation or out-of-court offers of compensation, including getting the rapist to marry the victim.The other ordinance to prevent acid and other corrosive chemical attacks has also lapsed. <a href="https://www.nepalitimes.com/here-now/nepals-acid-attack-survivors-find-a-saviour/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/nepals-acid-attack-survivors-find-a-saviour/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNEYcqgMX1pyu7JVUiclIyf5s03nXw">Activist Ujjwal Bikram Thapa</a> who has been helping women victims of acid attacks and lobbying for the legislation says it is a “national shame” that such an important bill has been allowed to lapse.“Preventing acid attacks on women is not a political issue, it was not for or against any political party,” Thapa said. “If the government cannot act on such a sensitive issue, we as a nation have lost our humanity.”The law would have increased the punishment to <a href="https://www.nepalitimes.com/here-now/the-prolonged-trauma-of-acid-attack-survivors/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/the-prolonged-trauma-of-acid-attack-survivors/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNFOv0RqIp7iQqmDasfki-F3Q0FUaA">perpetrators of acid attacks</a> to 20 years jail terms, and Rs1 million in fines. If the victim died, the acid assaulter would have to pay compensation to the family. These laws are now not in effect anymore.Nepal’s Constitution mandates that a law or amendment brought by ordinance must be ratified by Parliament within 60 days of being presented to the House, otherwise it is automatically scrapped. The ordinances had been passed on 18 July and expired on Wednesday.“We had actually started seeing a drop in attempts to reach settlements in which the rape accused used power, muscle and money to avoid punishment,” says gender rights activist Sangita Timsina.Menuka Thapa of the group Rakshya Nepal says that after the ordinance stipulating a three-year jail term for those attempting to settle rapes cases out of court, she had seen a drop in such negotiations.Last year, when a 16-year-old was raped by multiple men in Saptari, local elders offered the victim’s family Rs55,000 if they forgave the perpetrator. When the family took a stand saying it wanted justice, not money, influential men in the village threatened them from filing a police case. The young woman committed suicide.But because the ordinance against out-of-court settlement had been passed, the perpetrators Dharma Mandal, Bishnu Mandal, Ranjit Mandal and Ballu Mandal as well as three elders trying to save them from punishment were detained by police.Similarly, at the other end of the country in Bajhang, a 12-year-old Dalit girl was murdered after rape. The alleged rapist Rajendra Bohra had last year been released from jail after this family paid a mere Rs500 to settle an earlier rape case. If the amendment had been in place, the second crime would not have happened.After a series of such rape settlement cases, the government of Prime Minister K P Oli had President Bidya Devi Bhandari sign an ordinance in November last year to amend the laws on rape and other crimes against women.Pressure to settle rape cases by offering money or threats against the victims or their families would be punishable by up to three years in prison and Rs30,000 fine. In fact, the amendment added another 6 months in jail if the one pressuring the victim is an elected official.<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110141152/636d023d9c7e80680e0a366ejpeg.jpg" alt="" width="2268" height="1390"><figcaption></figcaption></figure>The parliamentary stalemate has also affected the budget, and from the first of the Nepali month of Ashwin on Friday, the government cannot spend any money which could lead to a shutdown similar to the one that the United States experienced last year after a filibuster in Congress when Donald Trump was president.But while the US has seen such crises before, this is the first time Nepal has had a government shutdown because the House deadlock has meant that the government’s budget ordinance has lapsed.The reason for this state of affairs is that Prime Minister Deuba suspended Parliament when it looked like he could not pass an amendment to the Constitution allowing political parties to split with signatures of just 20% of their parliamentary parties.This was to facilitate Madhav Kumar Nepal to split from the UML to form the CPN (United Socialist) so that he could join the coalition government. K P Oli and the UML is also using his obstruction of the House to exact revenge on the coalition that ousted him.Five-time prime minister Sher Bahadur Deuba does not seem too perturbed. When asked by reporters this week how the government would function without a budget, he replied: “As it has functioned in the past.”Parmeswar Dhungana of the Finance Ministry says the first option is to have Parliament when it meets Monday to ratify the ordinance to split parties, that will unblock the other ordinances. The second option is to pass an emergency payment bill, but even for that the political deadlock between the coalition and the UML in both chambers of the House must end.The third option is to suspend Parliament again and pass and renew all pending bills, amendments and the budget by ordinance.This has happened before. Exactly ten years ago when then UML Finance Minister Surendra Pandey tried to present the budget, the current Maoist Finance Minister Janardan Sharma led a charge on the floor of the House and broke Pandey’s red-ribboned budget briefcase. After that, the UML coalition passed the budget by ordinance.The other collateral damage of the deadlock in Parliament is the US-supported <a href="https://www.nepalitimes.com/editorial/just-do-it/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/just-do-it/&amp;source=gmail&amp;ust=1631927850058000&amp;usg=AFQjCNF2KbkdVt5RHXp1wruRR1Tu1HOoVQ">Millennium Challenge Corporation (MCC)</a> project to increase the capacity of Nepal’s electricity transmission lines and improve highways. The project is already signed but needs to be ratified by Parliament in 2019, but has also been a victim of extreme politics.

The human cost of Nepal’s political deadlock

<figure><img width="640" height="893" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d07139c7e80680e0a5f9cjpeg.jpg" alt=""/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>At 75, Sher Bahadur Deuba is Nepal’s prime minister for the fifth time in 26 years -- joining the ranks of other serial prime ministers Surya Bahadur Thapa and Girija Prasad Koirala. That fact alone shows that the structural defects in Nepali politics remain intact, so politicians can keep returning to power without learning from, and atoning to, past mistakes.Deuba first became prime minister of a coalition government under similar circumstances in 1995 after the Supreme Court overturned the decision to dissolve Parliament by Manmohan Adhikari, who was leading a minority UML government.Since then, Deuba has led the country through key moments in Nepal’s history: during King Birendra’s reign, after King Gyanendra’s coup, in interim governments after the peace accord in 2006, and during the first federal elections in 2017 under the new Constitution.But Deuba’s long political career is replete with mis-steps and controversy.He must have had a sense of déjà vu as he challenged K P Oli’s leadership, since he himself dissolved Parliament during his second term in 2002, after which King Gyanendra sacked him for being ‘incompetent’.Deuba was then dismissed by his Nepali Congress (NC), which led him to found a breakaway faction. The same kind of power struggle that brought down the UML also plagued his party: first with GP Koirala and currently with Ram Chandra Paudel as the NC prepares for its convention.Deuba was in power when he waged war on the Maoists, who had placed a bounty, dead or alive, on his head. The fact that he now shares power with Pushpa Kamal Dahal of the Maoist Centre proves the adage that there are no permanent enemies in politics.In 2005, after his third tenure, Deuba was arrested and sentenced to two years in prison for corruption, but was released after the court dismissed the case.After the 2017 election, Deuba handed over prime ministership to K P Oli. But even while Oli fought off the leadership challenge from the Dahal-Nepal combine, Deuba did not join them till earlier this year. It must have been Deuba’s destiny to bookend Oli’s term as Prime Minister and succeed him.Deuba’s fifth term is already off to a shaky start, and the choice of Pampha Bhusal and Janardan Sharma from the Maoist Centre in powerful ministries shows the kind compromises he has made with Dahal.Deuba also has a month to face a floor test in the House. If he can get 136 votes out of 271 seats, he can govern till elections in 2023. If he cannot, then Nepal has to go for early elections in six months. In May, the anti-Oli alliance under Deuba’s leadership had the support of 149 lawmakers — 61 from his own NC, 49 from the MC, 23 members of the UML Nepal faction, and 12 from the Yadav-Bhattarai faction of the JSP. The 23 votes of the Nepal faction will be crucial for Deuba, and some Nepal loyalists know that the UML will split if they vote for Deuba. But party insiders say there is now too much bad blood for Oli to offer Nepal the olive branch.Most Nepalis, while glad that the uncertainty in the UML has ended, are dismayed that the parties could find no one more promising than Deuba to lead the country. Deuba’s first task is to bring his disparate Cabinet members to make up for time that the Oli government squandered in dealing with the Covid-19 health and economic emergency, obtain vaccines to prevent a third wave, and deal with a disastrous monsoon season.They do not have high hopes.

Deuba.5

<figure><img width="2048" height="1365" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06fd9c7e80680e0a5f95jpeg.jpg" alt=""/><figcaption>Photos: AMIT MACHAMASI</figcaption></figure>On Tuesday, Sher Bahadur Deuba <a href="https://www.nepalitimes.com/latest/reinstate-remove-repeat/" target="_blank" rel="noopener noreferrer">was appointed Nepal’s Prime Minister for the fifth time</a> in 26 years.The 75-year old veteran of Nepali politics is one of three leaders to have been appointed Prime Minister five times in the country’s political history, joining the ranks of Rastriya Prajatantra Party leader Surya Bahadur Thapa and Nepali Congress monolith Girija Prasad Koirala. Deuba took over the lead after the Supreme Court ordered him to be appointed as the next Prime Minister and <a href="https://www.nepalitimes.com/here-now/nepal-court-orders-deuba-to-succeed-oli/" target="_blank" rel="noopener noreferrer">restored the House of Representatives</a> that Prime Minister KP Oli had dissolved for the second time on 22 May.Deuba first became Prime Minister of a coalition government under similar circumstances, after Prime Minister Manmohan Adhikari, leading a minority government, tried and failed to dissolve parliament in 1995.Since then, Deuba has been at the helm through key moments in Nepal’s history: during King Birendra's reigh, after King Gyanendra’s coup, in interim governments after the peace accord in 2006, and during the first elections at all three levels of Nepal’s federal government. <img width="2048" height="1322" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d07009c7e80680e0a5f96jpeg.jpg" alt=""><img width="640" height="437" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d07039c7e80680e0a5f97jpeg.jpg" alt="">But Deuba’s long political career has been mired in uncertainties and controversies. His political fight to stop KP Oli from dissolving parliament is reminiscent of when Deuba himself dissolved Parliament during his second term in 2002, following which he was removed as Prime Minister by King Gynandera, who branded him incompetent. Deuba was then dismissed from his own party, which led him to found the breakaway Nepali Congress (Democratic).In 2005, after his third term as Prime Minister and subsequent removal by King Gyanendra, Deuba was arrested and sentenced to two years in prison after the then Royal Commission for Corruption Control (RCCC) claimed to have found him involved in corruption in the $500 million Melamchi drinking water project. He was <a href="http://archive.nepalitimes.com/news.php?id=10699#.YO-uNdUzaJA" target="_blank" rel="noopener noreferrer">released </a>after the court ruled the anti-corruption panel unconstitutional. In 2018, Deuba resigned during his fourth term to make way for KP Oli’s appointment to office. And having succeeded him on Tuesday, Deuba effectively bookended Oli’s terms as Prime Minister.Deuba’s fifth term was off to a shaky start, with his oath of office on Tuesday having been delayed following a controversy over the initial letter from the Office of the President, which failed to mention the constitutional provision under which he was appointed Prime Minister. The newly-appointed Prime Minister must now seek a vote of confidence in the House of Representatives within 30 days under Article 76(6) of the Constitution. Deuba will need a simple majority of 136 out of 271 current members in Parliament to pass the floor test and retain office. <figure><img width="2016" height="1186" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d07079c7e80680e0a5f98jpeg.jpg" alt=""><figcaption> </figcaption></figure>In May, Deuba in his attempt to lead the country had the support of 149 lawmakers of the opposition alliance, which included 61 members of his own Nepali Congress, 49 lawmakers from the Maoist Centre, 23 members from the dissident Nepal faction of the UML, and 12 from the Yadav-Bhattarai faction of the JSP. Now, with Madhav Kumar Nepal, who led the dissident UML faction in support of Deuba’s Prime Ministership bid, withdrawing his support from the opposition alliance, Deuba’s biggest challenge lies in securing a majority in parliament.If Deuba passes the floor test, he will remain Prime Minister for the remainder of the tenure of the House. If he fails to get a vote of confidence, Deuba will have to make way for and preside over snap elections to be held within the next six months under Article 76 (7) of the Constitution. <img width="317" height="462" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d07099c7e80680e0a5f99jpeg.jpg" alt=""><figure><img width="1271" height="850" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d070c9c7e80680e0a5f9ajpeg.jpg" alt=""><figcaption> </figcaption></figure>For his part, Oli had been trying to patch things up with Nepal before the Supreme Court ruling to try to retain party unity. However, that did not stop the outgoing Prime Minister in his address to the nation on Monday from casting the responsibility of the court’s verdict on the ‘chaotic and undisciplined’ dissident UML signatories who supported Deuba to become Prime Minister. As it stands, some lawmakers from the Nepal faction have assured that they will still back Deuba in Parliament. “We will definitely vote for him, as we have clearly stated in the writ petition submitted to the apex court,” said UML’s Birodh Khatiwoda. UML leader Kalyani Khadka also reaffirmed her support for Deuba, saying that the repeated dissolution of the parliament needs to stop. In fact, UML lawmaker Metmani Chaudhary, urging not to doubt their support of Deuba, went so far as to say, "Not only will the 23 members who signed the writ petition cast their confidence vote [for Sher Bahadur Deuba], other MPs from the UML will as well." Deuba has inherited leadership in the midst of a pandemic that has claimed the lives of nearly 10,000 Nepalis. And with his political future uncertain, if he manages to hold on to office, the Prime Minister will be faced with securing enough Covid vaccines for Nepal’s eligible population, coordinating disaster response for deadly monsoon floods across the country, and reviving an economy in ruins.

Deuba’s long and winding road

<figure><img width="2016" height="1186" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06e69c7e80680e0a5f8djpeg.jpg" alt=""/><figcaption>UML's Madhav Kumar Nepal and Sher Bahadur Deuba during the unstable coalition politics of the mid-1990s, when both were rising in influence within their parties. Photo: MIN RATNA BAJRACHARYA</figcaption></figure>On Monday, Nepal's Supreme Court restored the House of Representatives that Prime Minister KP Oli had dissolved for the second time on 22 May. It then <a href="https://www.nepalitimes.com/here-now/nepal-court-orders-deuba-to-succeed-oli/" target="_blank" rel="noopener noreferrer">ordered the Nepali Congress President Sher Bahadur Deuba to be installed as the next Prime Minister</a>. Sher Bahadur Deuba has now been appointed Prime Minister for the 5th time and preparations are already underway to form a new cabinet of ministers. Maoist Centre’s Pushpa Kamal Dahal has been tasked to finalise ministerial portfolios with Deuba while JSP has called a meeting of the Central Executive Committee today to decide on the ministers. In his address to the nation on Tuesday afternoon, outgoing Prime Minister Oli said that his party would accept the verdict but delivered a pointed rebuke to the Supreme Court ruling, including its decision to stop any action against UML dissidents, claiming that the move would undermine the multi-party system and democracy. “Such misinterpretation of the constitution for the fulfilment of certain aspirations of certain individuals has, in fact, served to amend the constitution regressively. Our democratic system will have to pay the price for the political implications of this decision,” he said. He added: “I had the people’s mandate but the order of the Supreme Court was in Sher Bahadur Deuba’s favour.” <figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06e89c7e80680e0a5f8ejpeg.jpg" alt=""><figcaption> </figcaption></figure>Deuba, leading a five-party alliance of 146 MPs — from his own Nepali Congress, the Maoist Centre, as well dissident factions of the JSP and the UML — had filed a writ petition on 24 May after President Bidya Bhandari <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer">thwarted claims of a House majority to form the next government</a>.The Supreme Court verdict by Chief Justice Cholendra JB Rana and his bench was the apotheosis of Oli’s years-long <a href="https://www.nepalitimes.com/banner/court-debates-nepal-pm-olis-future/" target="_blank" rel="noopener noreferrer">attempt to hold on to power</a>, characterised by bitter infighting within the erstwhile NCP, ultimately leading to his estrangement from the party co-chair Pushpa Kamal Dahal as well as from comrades within his own UML.Ahead of his appointment, Deuba welcomed the Supreme Court’s order in a press release put out on Tuesday morning, which stated that the decision had put the constitution—which had veered off-course— back on track, and reinstated the faith and trust of the people in an independent judiciary.“Rather than taking the court’s decision as a matter of personal win or loss, the decision must be used for the betterment of our democracy, constitution, and our country and its people,” it read.Meanwhile, UML lawmaker Bijay Subba in response to the Supreme Court’s ruling said the right to appoint the Prime Minister lies only within parliament and blamed lawmakers for taking politics to the court.“The constitution clearly states the rights of the legislative, executive, and the judiciary. The court does not have the right to select the Prime Minister. It is against the principle of separation of powers,” he said.Subba also deemed the court’s ruling to stop any action against the UML dissidents unconstitutional, saying, “In a party system, per the spirit of the constitution, parliamentarians must align with the party whip.”Responding to the accusation, the Supreme Court said that it was the president’s responsibility to appoint the prime minister. But in case of an unconstitutional action, it will take steps to rectify them. <figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06eb9c7e80680e0a5f8fjpeg.jpg" alt=""><figcaption> </figcaption></figure><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06ee9c7e80680e0a5f90jpeg.jpg" alt=""><img width="1440" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221110151112/636d06f19c7e80680e0a5f91jpeg.jpg" alt="">Now, the newly-appointed Prime Minister must seek a vote of confidence in the House of Representatives within 30 days under Article 76(4) of the constitution. Any member of the house who backs PM Deuba shall not be penalised for not voting along party lines, the Supreme Court also ordered. If Deuba gets a majority, he cannot be subjected to any future no-confidence motion and will remain Prime Minister for the remainder of the tenure of the House and preside over the next election. But if he fails to get a vote of confidence, the President, on Deuba’s recommendation, will dissolve the House once again and set a date for elections to be held within the next six months, per Article 76(7) of the constitution. Monday’s Supreme Court verdict also barred any disciplinary action against the UML dissidents who were a part of Deuba’s alliance. However, Madhav Kumar Nepal, who led the dissident UML faction in support of Deuba’s Prime Ministership bid, withdrew his support from the opposition alliance following the court ruling. Oli had been trying to <a href="https://www.nepalitimes.com/here-now/making-up-is-hard-to-do/" target="_blank" rel="noopener noreferrer">patch things up</a> with Nepal before the verdict, with working groups from both sides having come up with a 10-point deal to address differences within the UML. But between the appointment of Deuba as the new prime minister and Nepal withdrawing his support from the opposition, the fate of UML and its unification remains undecided.

Reinstate, remove, repeat

<figure><img width="1123" height="768" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111015118/636d06469c7e80680e0a5f53jpeg.jpg" alt=""/><figcaption>Illustration: SUBHAS RAI</figcaption></figure>We will finally know in 12 July the fate of the dissolved House, whether or not K P Oli stays on as prime minister, if Sher Bahadur Deuba becomes prime minister for the fifth time in 20 years, or if Nepalis have to vote in <a href="https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/nepal-sets-elections-in-middle-of-pandemic/&amp;source=gmail&amp;ust=1625735264179000&amp;usg=AFQjCNFNesP84u5FYPCAE0JHQ7tGcH5vng">early elections in November.</a>After two weeks of deliberations, on 12 July the Supreme Court’s Constitutional bench is set to decide on writ petitions challenging Prime Minister Oli’s dissolution of the Lower House and President Bidya Devi Bhandari’s rejection of leadership bids by both Deuba and Oli on 21 May. Throughout the submissions by petitioners and government lawyers, depositions by the four members of the amicus curiae, as well as questions from the bench, the debate has boiled down to this: in a multi-party democracy, does the party whip have more legitimacy in a floor test than a non-party individual vote?Can MPs from a ruling party seeking a confidence vote side against it, and even back the candidacy of an opposition leader to replace their own prime minister? There were spirited arguments by lawyers from both sides. The petitioners went beyond censuring Oli to accuse President Bhandari of complicity and failing in her duty to protect the Constitution from Oli’s ambition to cling on to power.Both Oli and his main challenger, former prime minister Madhav Kumar Nepal, have claimed that their actions were constitutional, and it was the other side that is acting against its letter and spirit.The Constitutional Bench itself was formed last month on the basis of seniority by Chief Justice Cholendra SJB Rana and includes Justices Dipak Kumar Karki, Anand Mohan Bhattarai, Mira Dhungana, Ishwar Prasad Khatiwada. We have no way of guessing which argument the individual justices will favour, but if <a href="https://www.nepalitimes.com/banner/court-debates-nepal-pm-olis-future/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/court-debates-nepal-pm-olis-future/&amp;source=gmail&amp;ust=1625735264179000&amp;usg=AFQjCNF0IeOBH-TePa8tjGto_qMFeokPBw">some of its recent judgements</a> overturning Prime Minister Oli’s moves one by one are anything to go by, they may also restore the dissolved House on Monday.If you remember, after Prime Minister Oli got president Bhandari to dissolve the House for the second time on 21 May, Deuba of the Nepali Congress, Pushpa Kamal Dahal of the Maoist Centre and dissidents from Oli’s own UML and the JSP gathered 149 signatures to stake a claim to form the new government.Oli got wind of this, and also claimed majority support with all 122 members of his own party and 31 from the JSP, even though rebel factions from both parties had sided with the Deuba-led alliance. President Bhandari <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/&amp;source=gmail&amp;ust=1625735264179000&amp;usg=AFQjCNF6K9hFkxrMWBCiMeBy80xmpn1pHg">rejected both claims</a> saying two groups <a href="https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/latest/2-ex-pms-vie-to-be-nepal-pm/&amp;source=gmail&amp;ust=1625735264179000&amp;usg=AFQjCNF6K9hFkxrMWBCiMeBy80xmpn1pHg">cannot claim a majority.</a> This prompted the politicians from the five-party alliance to file a slew of petitions in the Supreme Court on 24 May, not just challenging the dissolution of the house but also asking that Deuba be declared prime minister.The fact that the judiciary has to decide on who should be prime minister, which party has a majority in Parliament, shows just how dysfunctional Nepali politics has become. <a href="https://www.nepalitimes.com/here-now/making-up-is-hard-to-do/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/here-now/making-up-is-hard-to-do/&amp;source=gmail&amp;ust=1625735264179000&amp;usg=AFQjCNEYXsPhx5Xoxk-1WeogNXgzFBU-5Q">Just because two members from the executive arm cannot get along</a>, they have blurred the separation of powers and dragged the judiciary in to pass a verdict on a matter that should have been decided by the people’s elected representatives in the legislature.On Monday, we will know if the House will remain dissolved and Oli will lead an election government till polls on 12 and 19 November, or if the President will once more call for members to show a majority in one month. Which is why some young turks in the UML have been desperately trying to <a href="https://www.nepalitimes.com/editorial/tried-tested-and-failed/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/editorial/tried-tested-and-failed/&amp;source=gmail&amp;ust=1625735264179000&amp;usg=AFQjCNEPXE3v8n_CAmyJqoIXutEQ6l1DuQ">prevent the party from splitting</a> because either way it needs to be together to confront the opposition coalition. If the UML unites, no matter what the Supreme Court’s verdict, the opposition alliance will fall apart.A UML working group has been desperately trying to patch up differences between Oli and Nepal, which is mostly an ego-clash, but also involves compromises like Oli backtracking from his induction of 23 Maoist MPs into the UML Central Committee that diluted Nepal’s clout in the party. Nepal wants either the prime minister ship or party chair, which Oli has flatly rejected. The bargaining goes on at <a href="https://www.nepalitimes.com/banner/nepal-is-a-hotbed-of-virus-and-politics/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.nepalitimes.com/banner/nepal-is-a-hotbed-of-virus-and-politics/&amp;source=gmail&amp;ust=1625735264179000&amp;usg=AFQjCNFwzdLgJtcZp-xLj40y47gZymEdHg">great cost to governance</a> at a time when the country faces a pandemic, a disastrous monsoon and an economic crisis. Hopefully, by this time next week the Supreme Court verdict will show us a way out of this rigmarole.

parliament