Prime Minister KP Sharma Oli has said that the Constitution provides the head of the executive discretionary powers to expand the cabinet.
In his written response to the Supreme Court through the Office of the Attorney General, Prime Minister Oli has quoted Article 76 (9) of the Constitution, which provides for the formation of a cabinet on the recommendation of the Prime Minister.
Likewise, the Prime Minister can also recommend any individual who is not a member of the Federal parliament to be appointed as a minister notwithstanding the provisions in Articles 78 (1) and 76(9), reads the reply submitted today in response to a show-cause notice issued by the apex court in a writ filed against the expansion of the Council of Ministers. The Prime Minister has submitted a 17-point response also presenting arguments for his re-appointment to the post of Prime Minister and his decision to recommend the dissolution of the House of Representatives.
As the new Prime Minister could not be appointed as per the constitutional provisions, the dissolution of the HoR was inevitable as per Article 76 (7), reads the written response by the Prime Minister.