On May 14, 2021, K P Sharma Oli was sworn in as the Prime Minister of Nepal for the third time. President Bidya Devi Bhandari administered his oath of office. He was re-appointed as the Prime Minister as the opposition couldn’t prove their majority.
What happened?
Prime Minister K P Sharma Oli recently lost vote of confidence in the Nepal Parliament. Now, he has to take Vote of Confidence within thirty days. If he fails to do so, Article 76 of the Constitution will be initiated.
Article 76 of the Nepal Constitution
It says that the president of the country appoints the leader of the parliamentary party that gains majority in the house as Prime Minister. The council of ministers are also appointed by the President under the Prime Minister.
When no party has gained majority in the House of Representatives, The President can appoint any Member of the House of Representatives as Prime Minister. He or she should be capable enough to command the majority with the support of two or more parties in the House of Representatives.
The Prime Minister as appointed under the above procedure is given thirty days to prove his vote of confidence. If the Prime Minister is not able to gain vote of confidence within thirty days, the President shall appoint the leader of the party that gained the highest number of members in the House of Representatives. Again he is given time to prove his majority.
If none of the above clauses are possible, then the President shall dissolve the parliament and launch fresh elections.