Powersharing Transitional Government – 2007
2007
The interim constitution was promulgated on 15 January 2007.1 According to the constitutional provision, a consensus government was to be formed until the final constitution was agreed upon and promulgated. The following includes the interim constitution’s provision on power sharing in the interim government:
38. Constitution of Council of Ministers: (1) The Prime Minister and the Council of Ministers under the chairpersonship of the Prime Minister shall be constituted by political consensus.
Explanation: For the purpose of this Constitution, “political consensus” means the political consensus reached between the seven party Nepali Congress: NCPN(UML), Nepali Congress (Democratic), Janamorcha Nepal, Nepal Sadbhawana Party (Anandidevi), Nepal Majdur Kisan Party, Samyukta Bam Morcha Nepal and NCP(Maoist) on 22 Kartik 2063 (November 8, 2006).
(2) If consensus cannot be reached, pursuant to clause (1), the Prime Minister, shall be elected by a majority of two-thirds of the members of the Legislature-Parliament.
(3) The structure and the allocation of business of the Interim Council of Ministers shall be determined by mutual understanding.
(4) The Council of Ministers shall consist of Deputy Prime Minister and other Ministers as required.
Explanation: For the purpose of this Article, the word ‘Minister’ shall also mean the Minister of State who takes independent responsibility of a Ministry.
(5) While appointing Ministers, the Prime Minister shall appoint them, on the recommendation of the concerned political party, from amongst the members of the Legislature-Parliament.
(6) The Prime Minister and the other Ministers shall be collectively responsible to the Legislature-Parliament, and the Ministers shall be individually responsible for the work of their respective Ministries to the Prime Minister and the Legislature-Parliament.
(7) The Prime Minister shall be relieved from his/her office under the following circumstances:
a) If a written resignation is submitted to the Speaker of the Legislature Parliament,
b) If he/she ceases to be a member of the Legislature-Parliament; or
c) If he/she dies.
(8) The Deputy Prime Minister, Minister, State Minister and Assistant Minister shall be relieved from their respective offices under the following circumstances:
(a) If a written resignation is submitted to the Prime Minister,
(b) If the Prime Minister is relieved from his/her office pursuant to clause (7) above,
(c) If he/she is relieved of his/her office by the Prime Minister upon the recommendation of or consultation with the concerned party, or
(d) If he/she dies.
(9) If the Prime Minister is relieved from his/her office pursuant to clause (7) above, the existing Council of Ministers shall continue to function until a new Council of Ministers is constituted.
(10) In the case of the death of the Prime Minister, Deputy Prime Minister or the senior-most Minister shall act as the Prime Minister until a new Prime Minister is selected.
According to this constitutional provision, a power-sharing government was formed on 1 April 2007. The Seven Party Alliance and Communist Party of Nepal- Maoist (CPN-M), or the “the eight parties,” formed an interim Government under Prime Minister Girija Prasad Koirala. In the interim government, the CPN-M held 5 out of 22 Cabinet positions. Maoists also shared legislative power in the interim legislature with 83 representatives out of 330 members.2