Legal experts divided over National Assembly formation

KATHMANDU, Dec 15: Legal experts have come up with differing views whether or not the government can be formed prior to the formation of the National Assembly.

At a face-to-face program organized by the Reporters’ Club Nepal on Friday, Nepal Bar Association Chairperson Sher Bahadur KC claimed that the new government could not be formed without constituting the National Assembly.

There is no alternative to the endorsement of the ordinance presented to the President for the formation of the National Assembly at the earliest, he said, adding that the government could not be formed when the President put the ordinance on hold.

However, constitution expert Dr Bhimarjun Acharya said that the new government could come into existence without formation of the National Assembly but the House of Representatives is necessary for this.

Dr Acharya noted that he was in favor of Single Transferable Votes System.

Another constitution expert Dr Chandra Kanta Gyawali said the government formation cannot be materialized prior to the formation of the national assembly.

Though Prime Minister can be chosen even in absence of the national assembly, the inclusive Council of Ministers of the federal parliament could not be constituted.