With the Upendra Yadav-led Janata Samajwadi Party Nepal withdrawing its support to the government, the question has arisen as to whether Prime Minister Pushpa Kamal Dahal is required to take a vote of confidence or not.
Chief Whip of main opposition party Nepali Congress Ramesh Lekhak said that PM Dahal should take a vote of confidence in the House of Representatives.
“According to general constitutional provision, the prime minister should take a vote of confidence after a party participating in the government withdraws its support,” Lekhak said, “The prime minister should take a vote of confidence unless there is a clear majority.”
Article 100 (2) of the Constitution states that the prime minister should table a motion in the House of Representatives for a vote of confidence within 30 days if the political party they represent is divided or a political party in a coalition government withdraws its support.
The Upendra Yadav-led JSP Nepal has already submitted a letter to Speaker Devraj Ghimire notifying him about the withdrawal of its support to Dahal’s government.
According to constitutional provisions, the prime minister is required to take a vote of confidence in four situations.
First, the prime minister should take a vote of confidence within 30 days of appointment.
Second, the prime minister may table a motion in the House of Representatives for a vote of confidence whenever they consider it necessary or appropriate to show that they enjoy the confidence of the House.
For example, if a bill or the budget fails to get through the House due to differences between the ruling parties, then the prime minister should take a vote of confidence if he deems it necessary to show that he commands a majority in the House.
Third, the prime minister should take a floor test if the party they represent is divided.
Fourth, the prime minister should take a vote of confidence within 30 days if a party in the government withdraws its support.
General Secretary of Federal Parliament Padma Prasad Pandeya also said that PM Dahal should take a vote of confidence in accordance with Article 100 (2) of the Constitution.
“The Constitution has said that the prime minister should take a vote of confidence if a party participating in the government withdraws support,” Pandeya told Setopati.
PM Dahal has taken trust votes three times since he was appointed to the post on December 25, 2022.
He passed a floor test for the first time on January 10, 2023. He secured 268 votes then, while 2 votes were cast against him.
He took a vote of confidence for the second time on March 20, 2023, after CPN-UML withdrew its support to his government. He secured 172 votes at the time, with 89 votes cast against him.
On March 13 this year, PM Dahal passed his third floor test securing 157 votes. A total of 110 votes were cast against him.
PM Dahal may have to take a vote of confidence for a fourth time in a little under 18 months if the main opposition NC increases pressure on him.
The Yadav-led JSP Nepal had signed in Dahal’s support when he staked claim to the post of prime minister on December 25, 2022. The party has given the vote of confidence to Dahal on all three occasions since then.
But Yadav now has only five lawmakers in the House of Representatives after the party’s split on May 5. The Ashok Rai-led Janata Samajwadi Party, which was formed after splitting from JSP Nepal, has seven lawmakers. The newly-formed party has expressed support for PM Dahal and is also part of his government.
PM Dahal, meanwhile, holds a different view on the need for a vote of confidence. Addressing the House during his second vote of confidence on March 20 last year, PM Dahal remarked that it is necessary to take a vote of confidence only when the prime minister loses majority.
