With the vote counting and the results of the House of Representatives and the Provincial Council underway in Nepal, the new government is expected to be formed by mid of January.
The undergoing counting of votes has hinted that Nepal will have a government led by the communist parties for the next five years if the alliance stayed for long otherwise the new government formed next month should stay for at least two years, as per the Nepali constitution.
According to the new constitution promulgated in 2015, which witnessed widespread protest and bloodshed in the southern plains, has given the authority to Nepalese President to choose Prime Minister from the party which has highest seats in the parliament.
The process will start after the Election Commission of Nepal submits its final results to the President which is likely to be done by the end of December.
The section 76's sub-section 1 of the Constitution of Nepal has the provision of electing the leader from the major party in the parliament to be nominated as Prime Minister and can form the government.
The sub section 2 of the same section in the Nepali constitution also has the provision for the appointment of new Prime Minister in case any of the parties failed to garner complete majority. It has stated that the President can appoint the leader of a party who can complete the majority mark by getting support from the other incumbent parties.
But the government formed after garnering support from two or more parties is mandated to testify the support in parliament within 30 days of its formation.
In case the government fails to get endorsed then the President should give another chance to garner majority and upon the repeated failure the President can dissolve the House of Representatives and call for another election within six months.
The constitution also has fixed number of ministers in the center with a number limit of 25 seats inclusive of Prime Minister, Deputy Prime Minister, Ministers, State Ministers and Minister Aide.
The Section 76's sub section 9 of the Constitution of Nepal has the provision limiting the number of cabinet as well as ensures the inclusiveness in the government which also will see members from the state assemblies too.
The state government also will have cabinet members not exceeding 10 percent of the total number of members in the state assembly. But it will require the announcement of the state center, Chief Minister of the state as prerequisite.
The constitutional provision stated in the Section 168 about the formation of the state government is similar to the formation of the government at the center.
Though, Nepal is exercising the new form of government administration with the federal concept, the physical infrastructures for the commencement of the state assemblies are yet to be determined.
The Parliament building in Baneshwor, Kathmandu will be used as the new parliament and the commencement of the state assemblies are yet to be known.
Apart from the physical infrastructures the provision regarding the formation of the state government in absence of the State Minister is absent from the constitutional provisions.