Background: In the current political context of Nepal, Prime Minister K.P. Sharma Oli has reportedly fled the country amid widespread Gen Z–led protests demanding political accountability, transparency, and systemic reforms. Facing mounting public pressure, the Prime Minister tendered his resignation remotely. This unprecedented development has created a constitutional vacuum in the executive leadership, raising questions regarding the procedure for the appointment of an interim Prime Minister, the role of the Council of Ministers, and the constitutional limits of the President’s authority under the Constitution of Nepal, 2072 (2015).

1. Relevant Constitutional Provisions

• Article 77 (1): The Prime Minister ceases to hold office upon resignation, death, ceasing to be a member of the House of Representatives, failure to obtain a vote of confidence, or passage of a no-confidence motion.
• Article 77 (3): In case of the death of the Prime Minister, the senior-most minister acts as Prime Minister until a new appointment is made. By extension, constitutional interpretation may allow this provision to apply when the PM resigns and vacates office abruptly.
• Article 76 (1-7): Provides the stepwise process for appointing a new Prime Minister:
  1. Leader of majority party (76.1)
  2. Coalition commanding majority (76.2)
  3. Leader of largest party (76.3)
  4. Any member with majority support (76.5)
  5. If all fail → dissolution of House of Representatives and fresh election within six months (76.7).
• Article 66 (1): The President is the ceremonial Head of State and acts on the recommendation and with the consent of the Council of Ministers, except where expressly provided otherwise.

2. Analysis of the Current Situation

2.1 Prime Minister’s Resignation

• The resignation (even if transmitted remotely) is valid once formally submitted to the President under Article 77(1)(a).
• Upon acceptance, the PM’s office becomes vacant.

2.2 Appointment of Interim Prime Minister

• Since the PM has fled, the Council of Ministers remains in caretaker capacity.
• Under Article 77(3), the senior-most minister should act as interim Prime Minister until the President appoints a new PM under Article 76.

2.3 Appointment of New Prime Minister

• The President must follow the sequence of Article 76:
  • If a single party commands majority → its leader is appointed.
  • Otherwise, a coalition commanding majority is invited.
  • If no viable coalition emerges, the largest party leader may be appointed temporarily.
  • If all attempts fail, the House is dissolved (Article 76(7)).

2.4 Role of the President

• The President’s role is largely ceremonial and bound by constitutional limits.
• The President may:
  • Accept the resignation of the Prime Minister (Art. 77).
  • Appoint the acting Prime Minister (senior-most minister).
  • Invite parties to form a new government as per Article 76.
  • Dissolve the House only on recommendation of the PM under Article 76(7).
• The President cannot independently dissolve Parliament or bypass constitutional procedures.

3. Parliament Dissolution and Interim Government

When the House of Representatives (HoR) is dissolved under Article 76(7), the Council of Ministers remains in office in a caretaker capacity until the next election.

• Article 77(2): Even after resignation or removal, the PM and Council of Ministers continue to function until another Council of Ministers is constituted.
• Therefore, once dissolved, the existing government becomes a caretaker government until elections.

4. Can Sushila Karki (former Chief Justice) be appointed Interim PM?

• The Constitution does not explicitly provide for appointment of a non-MP, outsider, or “national figure” as interim PM.
• Article 76 strictly provides that the Prime Minister must be appointed from among members of the House of Representatives.
• After dissolution, there is technically no House of Representatives—but the members still exist until election of a new HoR. Constitutionally, the PM must be one of them.

This means:

• Sushila Karki cannot be appointed as Interim PM under current constitutional provisions, because she is not an elected Member of Parliament.
• Nepal’s Constitution does not have an explicit “national caretaker government” model like some countries (e.g., Bangladesh in the past).

5. Precedent and Political Practice

• In Nepal’s political history (e.g., 1990 Constitution or interim arrangements after 2006 People’s Movement), there were political agreements outside the constitution to bring in non-political figures (like Chief Justices) as heads of interim governments.
  • Example: Khil Raj Regmi (then Chief Justice) led an interim election government in 2013 based on a political consensus, not under explicit constitutional provision.
• Such a step under the 2015 Constitution would require either:
  1. Extra-constitutional political agreement, or
  2. Constitutional amendment.