Election Commission Proposes Comprehensive Reforms to Political Party Act

The Election Commission of Nepal has prepared a draft of the “Bill to Amend and Consolidate the Election Laws” to reform and streamline election management. The draft, approved on 2080.03.18, has been submitted to the Ministry of Home Affairs for necessary action before being tabled in the Legislative Assembly.

A Political Party Act Amendment Drafting Committee was established on 2080.11.29 to amend the Political Party Act, 2073. To guide the drafting process, a Political Parties Act Amendment Steering Committee was formed under the leadership of Election Commissioner (Legal) Ram Prasad Bhandari and included representatives from various government agencies, including the Prime Minister’s Office, the Ministry of Home Affairs, the Ministry of Law and Parliamentary Affairs, and the Attorney General’s Office.

Feedback from registered political parties and stakeholders was gathered through discussions and consultations, leading to the finalization of the draft on 2081.05.09. The Election Commission decided to publish the draft on its website on 2081.12.07 for public opinion.

Detailed Overview of Key Provisions in the Proposed Amendment:

Voter Signature Requirement for Party Registration:
To register a political party, the submission must include the signatures of at least one-third of registered voters, ensuring a minimum proportion of women’s representation. This measure aims to enhance inclusivity and genuine representation in political parties.

Central and Provincial Committee Composition:
The central committee of a political party should have 21 to 351 members, while the provincial committee should consist of 15 to 251 members. This provision seeks to maintain a balanced and manageable party structure while ensuring proportional representation.

Mandatory Updating of Party Details:
Political parties are required to submit the details of their central committee officials to the Election Commission, provincial committee details to the respective provincial election offices, and local committee details to the district election offices. This provision promotes transparency and accountability.

Public Access to Party Statutes and Manifestos:
The statute and manifesto of each registered party must be published on the Election Commission’s website. This step aims to inform the public about a party’s policies and commitments, fostering transparency.

Certification of Party Statutes:
Party statutes and regulations submitted to the Election Commission must be certified by the Commission. This ensures legal compliance and consistency with national standards.

Timeframe for General Conventions After Mergers:
If a political party merges with another, a general convention must be held within one year. This requirement aims to formalize the merger and establish a clear organizational structure.

Restrictions on Holding Multiple Positions:
Party members can hold only one position within the central, provincial, or local committees. This provision seeks to minimize power concentration and promote inclusive leadership.

Criteria for Office Bearers:
The qualifications for office bearers of party committees are determined by the party itself. This flexibility allows each party to structure its leadership according to its internal policies.

Restrictions on Membership:
Individuals on a legal blacklist, those with permanent residency abroad, or those constitutionally disqualified from holding public office cannot become members of political parties. This provision ensures integrity within party membership.

Membership Restrictions for Independent Candidates:
Independent candidates elected to public office cannot obtain party membership during their term. This prevents conflicts of interest and promotes political stability.

Party Splits and Recognition:
If 40% or more of a party’s central committee members or members of its parliamentary party in the federal parliament form a new party, join another, or establish a separate organization, they are deemed to have left the original party. This provision addresses issues of party fragmentation.

State Funding for Political Parties:
Parties may receive grants from the state treasury based on specific criteria, fostering state-supported political participation while maintaining accountability.

Financial Transparency and Audit:
Parties must have their accounts audited by the Office of the Auditor General and publicly disclose their income and expenditure on their websites. The audit timeline has been reduced for timely scrutiny, ensuring financial accountability.

Restriction on Election Symbols:
Parties are prohibited from participating in elections using a common election symbol. This measure aims to avoid confusion among voters and uphold the uniqueness of each party.

National Party Recognition Criteria:
To be recognized as a national party, a political organization must:

Secure at least 3% of proportional representation votes in the House of Representatives.
Contest at least 70% of first-past-the-post seats.
Win at least one seat in three provinces.
Establish a proportionally inclusive central committee, a provincial committee in each province, and a district committee in each district, with 80% of local committees formed.

Provincial Party Recognition Criteria:
A party must secure at least 3% of proportional representation votes in the provincial assembly, contest 70% of first-past-the-post seats, and win at least one seat. Additionally, it must have a provincial committee, district committees, and 80% local-level committees in the respective province.

Monitoring by the Election Commission:
The Election Commission is authorized to monitor party membership distribution, the conduct of general conventions, financial activities, and other specified matters. This oversight aims to maintain discipline and integrity within political organizations.

The proposed amendments reflect the Election Commission’s commitment to fostering a transparent, inclusive, and democratic political environment in Nepal. If enacted, these provisions could strengthen party discipline, enhance accountability, and promote active and responsible participation in the country’s democratic process.