Nidhi wrongly claims constitution doesn’t allow dissolution of legislature-parliament

Sujit Mainali / May 17, 2016

Nepali Congress leader Bimalendra Nidhi.                                                                                         Photo: Youtube grab

Nepali Congress leader and former Minister for Physical Infrastructure and Transport Bimalendra Nidhi during an interview with the Fireside programme aired on Kantipur Television on May 9 said that as per the constitution, the president and the prime minister even if they acted together, cannot dissolve the [current] legislature-parliament.

He said the following to make his point:

“The constitution has categorically mentioned that the term of the legislature-parliament shall be till January 21, 2018. The constitution does not have provision for dissolving parliament.”

South Asia Check has examined whether these statements are fact-based or not.

Article 196 (1) of the Constitution of Nepal has stated that the term of the legislature-parliament shall exist till January 21, 2018. But the succeeding paragraph has also imagined a situation in which the term of the legislature-parliament could cease to exist before January 21, 2018.

“Provided that if an election is held to the House of Representatives set forth in this Constitution prior to the expiration of that term, the Legislature-Parliament shall continue to exist until the day before the day specified for the filing of nominations of candidates for that election.”

Therefore, Nidhi’s claim is wrong.

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