UML Chair Oli sworn in as Prime Minister for the fourth time

Inducts 21 ministers in his cabinet, sparks criticisms over inclusivity amid constitutional conundrum

KATHMANDU, July 15: After spending nearly six decades in Nepal's communist movement, KP Sharma Oli, 72, has returned to power for a record fourth term as Prime Minister, forging a new coalition with the Nepali Congress (NC) to secure his latest stint at the helm.

Born in 1952 in Nepal's Terhathum district, Oli's early activism against the autocratic Panchayat system led to a lengthy imprisonment of 14 years from 1973 to 1987 during which he continued his intellectual pursuits, including writing poetry on cigarette boxes.

Having first assumed office as Prime Minister in 2015, he was re-elected in 2018 and reappointed briefly in 2021 in Nepal's unsettling parliament.

His tenure has been marked by both popularity and controversy. His return to power follows the collapse of Pushpa Kamal Dahal's coalition government after CPN-UML, chaired by Oli withdrew its support to Dahal-led Maoist Center, prompting President Ram Chandra Paudel to appoint Oli under Article 76(2) of Nepal's Constitution. This move came after Dahal failed to secure a vote of confidence in parliament, paving the way for Oli to form a new government.

Controversial cabinet formation

After taking the oath of office and secrecy amidst a special ceremony held at the Office of President, PM Oli inducted 22 ministers in his cabinet.

The Oli-led cabinet now includes ministers from the NC, UML, Janata Samajbadi Party (JSP)-led by Ashok Rai and Loktantrik Samajbadi Party (LSP)-led by Mahantha Thakur. While Prime Minister Oli has appointed 10 ministers including a deputy prime minister from the NC, he has appointed eight ministers from his own party, UML, two from JSP and one from the LSP.

Since the prime minister has set aside three ministries for fringe parties, other parties in the federal parliament are also expected to join his cabinet later.

The 22-member cabinet notably lacks diversity, raising concerns about inclusivity.

Despite expectations, senior UML leader Chabilal Bishwakarma was excluded from the list, highlighting internal party dynamics. The cabinet's formation drew criticism for its minimal representation of marginalized groups, particularly the Dalit community, and low female participation. Only two women were appointed as ministers, with Arzu Rana Deuba assuming the role of Minister for Foreign Affairs and Bidya Bhattarai as Minister for Education.

Lawmakers within parliament voiced objections, with MP Sobita Gautam questioning the government's commitment to constitutional guarantees of diversity. Speaking at the parliament on Monday, she emphasized the need for meaningful representation of women and Dalits in governance, calling for transparency and accountability in the cabinet formation process.

Legal challenges await

The appointment of sharp-tongued Oli as the PM is not without controversy. Following the unveiling of his cabinet on Monday, Prime Minister Oli's tenure faces immediate legal scrutiny. A writ petition has been filed at the Supreme Court challenging the constitutional validity of Oli's recent appointment under Article 76(2) of the Constitution.

The petition, filed by Khagendra Chapagain, Shailendra Gupta and Deepak Adhikari, seeks to annul Oli's appointment and urges adherence to Article 76(3) for the selection of a new prime minister. This constitutional provision stipulates that if a government fails to secure a vote of confidence, the President must appoint the leader of the largest party in the House of Representatives. The petitioners argue that this provision should have been invoked following the collapse of Pushpa Kamal Dahal's coalition government, asserting that Sher Bahadur Deuba, leader of the Nepali Congress (NC), should rightfully assume the prime ministership.

Why the Article 76(3) should have been invoked

The petitioners—Khagendra Chapagain, Shailendra Gupta, and Deepak Adhikari—contend that the President’s decision to appoint KP Sharma Oli was unconstitutional for several reasons. Firstly, if a government fails to secure a vote of confidence, the President should proceed with appointing the leader of the largest party in the House of Representatives under Article 76(3). Since Pushpa Kamal Dahal’s coalition government fell short in gaining confidence, the petitioners assert that Article 76(3) should have been applied, requiring the appointment of Deuba, leader of the NC, as Prime Minister.

Secondly, the petitioners argue a misapplication of constitutional provisions, asserting that Article 76(2) was improperly utilized to appoint Oli despite the circumstances demanding adherence to Article 76(3). This misstep, they claim, violated the constitutional mandate intended to ensure proper parliamentary representation and stability.

Lastly, under Article 76(3), if coalition negotiations fail or a Prime Minister cannot be appointed through other means, the President is mandated to appoint the leader of the largest party in the House. Given that the NC holds the highest number of seats in the current parliament, the petitioners maintain that Sher Bahadur Deuba, as the leader of the largest party, was the rightful candidate for the Prime Ministerial position, emphasizing the constitutional duty to respect the electoral mandate of the Nepali people.

List of 21 ministers in the Oli-led cabinet

Prakash Man Singh (NC)- Deputy Prime Minister and Minister for Urban Development

Bishnu Paudel (UML)- Deputy Prime Minister and Minister for Finance

Manbir Rai (UML)- Minister for Defence

Prithvi Subba Gurung (UML)- Minister for Communications and Information Technology

Bidya Bhattarai (UML)- Minister for Education

Damodar Bhandari (UML)- Minister for Industry, Commerce and Supplies

Raj Kumar Gupta (UML) - Minister for Federal Affairs and General Administration

Balaram Adhikari (UML)- Minister for Land Management and Cooperatives

Devendra Dahal (UML)- Minister for Physical Infrastructure and Transport

Ramesh Lekhak (NC)- Minister for Home Affairs

Sharat Singh Bhandari (LSP)- Minister for Labor, Employment and Social Security