Sher Bahadur Deuba v. Office of the President (Dissolution of the House of Representatives)

Case
Sher Bahadur Deuba v. Office of the President (Dissolution of the House of Representatives)
Court
Supreme Court of Nepal (Constitutional Bench)
Year
2021
Area
Constitutional law / Separation of powers
Related article
76
Summary

After the House was dissolved, lawmakers challenged the move. The Constitutional Bench reinstated the House and, applying Article 76(5), ordered the appointment of the member with majority support — a landmark on parliamentary democracy and the limits of executive power.

Holding

The dissolution of the House of Representatives was unconstitutional; under Article 76(5) the President must appoint the member who commands majority support, and the Court issued a mandamus to appoint the petitioner as Prime Minister.

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