Nepal In Constitutional Crisis: No Provision On Interim Leader Who's Not MP, What Happens Next?

Last Updated:September 10, 2025, 23:04 IST

Consultations are on about how to adjust an interim government chief in Nepal, as the army favours the 'Gen Z' choice but is exploring legal cover for the President

An aerial view shows firefighters dousing the torched Singha Durbar, the main administrative building for the Nepal government, a day after it was set ablaze by protesters in Kathmandu on September 10. (Image: by PRABIN RANABHAT/AFP)

Nepal is facing a constitutional crisis as consultations are ongoing to determine how to adjust the interim government chief within the Constitution.

There is no provision in the Nepalese Constitution for an interim prime minister, who is not a sitting member of Parliament. While the army supports the ‘Gen Z’ protesters, it is seeking legal cover from the President.

WHAT DOES THE NEPALESE CONSTITUTION SAY?

The Nepalese Constitution has provisions for extraordinary conditions such as Emergency Rule under Article 273 or when Parliament is dissolved.

Nepal’s President, however, has limited discretion to appoint anyone, except if they use articles 76 and 77 to justify appointing a neutral figure when no party can form a majority.

At present, a constitutional amendment is not possible as it requires a two-third majority in Parliament that is practically unattainable. In this case, the President has the option to declare an Emergency in the country to provide legal cover.

WHAT ARE THE OTHER OPTIONS?

Another scenario involves the Nepalese Army forcing political parties to reach a deal allowing them to nominate former chief justice Sushila Karki, who has been chosen as the interim chief by the student protesters.

Declaring fresh elections is another option for the President, but it is not practically feasible at the moment. According to sources close to Nepal’s army chief, the military is clear that the ‘Gen Z’ group has popular support, making it impossible for it to go against their opinion. Any solution must meet their current demands, the sources said.

The sources said the army is not interested in taking charge except in operations related to peace and law and order. The main concern for the army is to manage the judicial challenge that may arise if any political party decides to move court against any interim leadership, they said.

Former chief justice Sushila Karki is the most likely choice to lead the interim government in Nepal. The development comes a day after the neighbouring country plunged into a serious political crisis as Prime Minister KP Sharma Oli resigned in the face of a massive anti-government agitation.

The Nepal Army has had to take over the law and order situation followed by nationwide restrictive orders and a curfew on Wednesday. There is no government in place over the past 24 hours or more since Oli resigned.

The student-led ‘Gen Z’ protests that began against a government ban on social media expanded into a larger campaign reflecting growing public criticism of the Oli dispensation and the country’s political elite over alleged corruption and apathy towards the common people.

Manoj Gupta

Group Editor, Investigations & Security Affairs, Network18

Group Editor, Investigations & Security Affairs, Network18

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