Political Parties

Elements and Formation

Essentials of a political party

•       Its members must be organized.

•       It must have branches all over the country and must enforce discipline among its members.

•       It is impossible to think of political parties without organization.

•       The members of political party must have practically the same views on important public matters.

•       They must work for national interests and not sectional or private interests.

•       They must aim at capturing power by peaceful and constitutional means. If they are defeated, they must accept defeat with grace and start work for the next chance.

•       They must have faith in the ballot boxes and not in brute force to achieve their objective.

•       The party system is absolutely essential for the successful working of democracy. It is impossible to think of democracy without an organized party system. Without organization, no people can formulate policy and project. Because, if there were no political parties, there will be utter chaos in politics.

Necessity of Political Parties

•       Political parties play a crucial role in modern representative democracy. Despite all their imperfections, the functions they perform cannot be taken on by any other entity.

•       Political parties come into existence owing to various circumstances. There may be a political issues dividing a people and thus various political parties may be formed to further their respective viewpoints.

•       Different ideologies: Capitalism vs. socialism, Liberal vs. radical, nationalization vs. privatization.

•       Sometime, a political party may be formed to help the cause of social reform; and sometime, political party may be formed on the basis of religion or culture.

•       There are certain causes that justify people's participation in certain political parties. These are: principles, personality, economic interests, political power, religion, geographic location, family's involvement etc.

CONSTITUTIONAL PROVISIONS

•       Every citizen shall have the freedom to form political party and freedom to form unions and associations. (Art 12)

•       However provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act:

• which may undermine the sovereignty and integrity of Nepal, or
• which may jeopardize the harmonious relations subsisting among the people of various castes, tribes, religions or communities, or
• which may instigate violence, or which may be contrary to public morality.

•       Persons who are committed to a common political ideology, philosophy and programme can exercise rights to form and operate political parties of their choice. (Art 141)

•       Any law, arrangement or decision which restricts any such activities shall be considered inconsistent with this Constitution and shall ipso facto be void. (Art 141)

•       Any law, arrangement or decision which allows for participation or involvement of only a single political party or persons having a single political ideology, philosophy or programme in the elections, political system of the country or conduct of state affairs shall be inconsistent with this Constitution and shall ipso facto be void.

•       Political parties with objectives contrary to the spirit and norms of the preamble of this constitution shall not be considered qualified for party registration.

•       Any political party wishing to secure recognition from the Election Commission for the purposes of elections should be registered in EC.

•       Persons or group of persons who want to register PP must submit constitution, manifesto and rules mentioning name and address of PP as well as executive committee’s members and sources of fund.

•       Such PP should be democratic, provisions to hold National conference at least every 5 years to elect EB, rule of disciplines, inclusive, non-discrimination, anti-defamation or clash among community.

•       For the purpose of the registration of a party for election, an application with the support and signature of at least ten thousand voters should be confirmed.

Political Parties Act, 2058 (2002)

Section 4 of the Act has mentioned requirements of the Statute of such party. It includes:

•       Name of the political party.

•       Address of headquarters of the party.

•       The details of seal, insignia/emblem/symbol or flag of the party.

•       Objectives of the party.

•       Provisions on party membership.

•       The formation method and the tenure of the Executive Committee of each level of party.

Political Parties Act, 2058 (2002)

•       The numbers and election method of office bearers of the party.

•       The provisions on party fund and its audit.

•       The method relating to the amendment of party Statute.

•        Provisions on dissolution of the party.

•        Provisions on assets and liability of the party after its dissolution.

•       The provisions that provides for elections of at least Fifty percent members among the total members of Executive Committee of political organization or party at least once in every Five years.

•       Other matters as prescribed.

No party should commit or cause to commit

•       An act which undermines the sovereignty or integrity of Nepal.

•       An act which jeopardizes the harmonious relations subsisting among the various tribes, castes or communities of Nepal.

•       An act which incites violent activities.

•       An act which may be contrary to public morality.

•       An act to provide membership of party only on the basis of religion, sect, caste, tribe or region.

•       Any other acts in contravention of 4Interim Constitution of Nepal, 2063.

Election Commission may reject to register a party in any of the following circumstances

•       If the party is formed only on the basis of religion, sect, tribe, caste and region.

•       If the name or insignia of a party resembles with the name or insignia of a party which is already registered.

•       If the Statue of the party fails to mention the matters as referred by exisiting laws.

No party should commit or cause to commit

•       An act which undermines the sovereignty or integrity of Nepal.

•       An act which jeopardizes the harmonious relations subsisting among the various tribes, castes or communities of Nepal.

•       An act which incites violent activities.

•       An act which may be contrary to public morality.

•       An act to provide membership of party only on the basis of religion, sect, caste, tribe or region.

•       Any other acts in contravention of 4Interim Constitution of Nepal, 2063.

No party should commit or cause to commit

•       An act which undermines the sovereignty or integrity of Nepal.

•       An act which jeopardizes the harmonious relations subsisting among the various tribes, castes or communities of Nepal.

•       An act which incites violent activities.

•       An act which may be contrary to public morality.

•       An act to provide membership of party only on the basis of religion, sect, caste, tribe or region.

•       Any other acts in contravention of 4Interim Constitution of Nepal, 2063.