Kathmandu, October 12. After taking the oath of office and secrecy from the head of the state, the head of the government administers oath to Cabinet ministers. But in the case of newly-elected Prime Minister KP Sharma, this rule did not apply wholly.
Oli took oath from President Ram Baran Yadav in the name of ‘country and people’ (Yadav had chosen the words ‘in the name of god and people’).
A bizarre spectacle unfurled after Oli’s swearing-in. Instead of Oli, President Yadav administered the oath of office and secrecy to Cabinet ministers, thanks to a constitutional provision.
This was a departure from the past practice in which the head of the government used to administer oath to Cabinet ministers after taking oath from the head of the state.
Oli looked on as President administered the oath to members of ‘his Cabinet.’
The Interim Constitution’s Article 42 states that prime minister should administer the oath of office and secrecy to deputy prime minister and other Cabinet ministers. Based on this clause, Prime Ministers Sushil Koirala, Jhala Nath Khanal, Madhav Nepal, Prachanda and Babu Ram Bhattarai had administered the oath of office and secrecy to deputy prime ministers and ministers after taking oath from the head of the state.
But Article 80 of the newly-promulgated federal constitution has snatched this right from the head of the government and given it to the president.
Oli could not administer the oath to Cabinet members because of this provision. Oli can take solace in the fact that the constitution tasks him with administering the oath to state ministers and assistant ministers.
The question arises: Who will the ministers be loyal to – the prime minister or the president, who administered oath of office to them? People taking oath generally owe allegiance to the one who administers oath.
Article 76 (10) of the constitution offers some respite to Oli, though. It states that ministers will be personally responsible to the prime minister and the Parliament.
Oli must not have felt good about today’s spectacle at Sheetal Niwas. In coming days, who knows, what spectacles we the people will witness?
