Prime Minister Pushpa Kamal Dahal seems to be in a fix.

While the main opposition CPN-UML is dead set against the constitution amendment bill, the Samyukta Loktantarik Madhesi Morcha, for whom PM Dahal has to register the bill, has been giving half-hearted assurances. 

Amid this, some constitutional issues have surfaced.

After the main opposition vowed to block the amendment bill in Parliament, dangled the sword of Article 274, Prime Minister Pushpa Kamal Dahal has expedited consultation with legal eagles. 

Riding on Article 274 (3) and (4), the UML has warned PM Dahal against registering the amendment proposal in Parliament, saying any issue related to alteration of borders of any state should be sent as a bill to the state assembly for the consent.

The UML’s argument is “since there is no state assembly now, the government bid to divide Province 5 will be unconstitutional”. The main opposition has even warned of moving the court if the government “forcefully” registers the amendment bill in Parliament, prompting PM Dahal to seek advice from legal and constitution experts on ways to deal with the situation in the event the UML starts acting on its warnings. 

According to the experts PM Dahal has consulted, the government can resort to another constitutional provision, which could pave the way for tabling of the amendment proposal. 

According to advocate Dipendra Jha, the experts have told Dahal that Article 274 gets invoked only after the state assembly is in place. 

Citing Article 296 (3), the experts have told PM Dahal that until the country goes to elections for state assemblies, all businesses of state assemblies shall be taken care of by the existing Parliament.

Advocate Surya Dhungel, former legal adviser to former President Ram Baran Yadav, said he told the meeting called by PM Dahal that the constitution “does not prohibit the government from registering the amendment bill” and that any change in the provincial boundaries through the amendment process can be approved by the state assembly after they are formed. “It will be safe to quote both Articles—274 and 296—while registering the bill,” he told the meeting. 

Almost all experts though said a constitution amendment bill can be tabled in Parliament, they advised the government not to forget constitutional complexities. 

Reiterating its stance to oppose the amendment bill, a standing committee meeting of the UML on Friday decided to make an appeal to all political parties represented in Parliament, civil society and “patriotic and democratic forces” to stand against the amendment bill.