Kathmandu, Article 76 of the Constitution of Nepal provides for the formation of the Council of Ministers. Article 76 provides for the formation of the Council of Ministers in four main ways. Article 76 (1) provides that the President shall appoint the leader of the parliamentary party having a majority in the House of Representatives as the Prime Minister and the Council of Ministers shall be constituted under his chairmanship. No party has a clear majority in the current House of Representatives. In the absence of a single party majority, the appointment of a Prime Minister as per Article 76 (1) does not appear in the arithmetic of Parliament.

Though the leaders of the Congress, the Maoist Center and the JSP have been saying that a majority government will be formed soon, it seems that there will be a lot of pressure to form a majority government.

According to Article 76 (3) of the Constitution, Oli is currently the leader of the largest party in the parliament. If no majority government is formed, the president will appoint Oli as prime minister. And, the Prime Minister thus formed has to take a vote of confidence within thirty days.

Article 76 (3) of the Constitution states: If the Prime Minister cannot be appointed in accordance with Clause (2) within thirty days from the date of the announcement of the final results of the election to the House of Representatives, or the Prime Minister so appointed cannot obtain a vote of confidence in Clause (4), the President shall appoint the leader of the parliamentary party

However, the government can hold elections if it does not get a vote of confidence again. Article 76 (7) provides that if a government cannot be formed in any of the above options, the President shall dissolve the House of Representatives and fix a date for the next election within six months.