Speaker Devraj Ghimire has stated that both the dissolution of the House of Representatives and the announcement of the election date—made at the recommendation of interim Prime Minister Sushila Karki—are unconstitutional.
In a written response submitted to the Supreme Court regarding petitions against the dissolution of the House and the formation of a government led by former Chief Justice Karki, Ghimire argued that her appointment contradicts Nepal’s constitutional provisions. He emphasized that the Constitution identifies the President as the protector and guardian of the constitutional order.
“In clear violation of constitutional provisions, the current prime minister has been appointed by the very guardian of the constitution in a manner inconsistent with constitutionalism, the rule of law, and established practice,” Ghimire’s response states.
“Since the first decision of this unconstitutional prime minister was to recommend the dissolution of Parliament, and because the election date announcement is based on that recommendation, both actions are unconstitutional and unenforceable.”
Ghimire noted that Article 76 of the Constitution requires the President to appoint as prime minister a member of the House of Representatives who leads the parliamentary party with a majority. He said that appointing someone who is not a member of the House violates constitutional requirements and undermines the principle of legal governance.
Citing Article 132 of the Constitution—which bars a Chief Justice or Supreme Court justice from holding positions outside the judiciary—Ghimire added that a former Chief Justice cannot assume government roles unless explicitly allowed by the Constitution.
“Appointing a former Chief Justice as prime minister, the head of government, must comply with constitutional provisions. Acting outside the constitutional framework contradicts constitutionalism and the fundamental principles of the rule of law,” Ghimire wrote. “Despite the availability of clear constitutional paths, choosing an unconstitutional method for appointing the prime minister renders the process entirely invalid.”
