Prologue (Political Parties Act 2073)

 Political Parties Act 2073 was codified in Nepal to consolidate and bring amendments to the existing legal frameworks on Political Parties in Nepal while prescribing the procedure for the formation, registration, and operation of Political Parties. The Act consists of 62 Sections, 10 Chapters, and 1 Schedule.

The Preamble of the Act has also mentioned that the objective of the Act was to increase the transparency and accountability of the Financial and Administrative aspects of Political Parties.

Formation, Registration, and Operation of Political Parties

Section 3 of the Political Parties Act has provisioned that a group with a similar ideological stance can establish a political party for the purpose of conducting their political activities. They must adhere to the Constitution and the Existing Laws for their operation.

The Political Parties can declare the formation of the political party including its objectives and alignment with the Public for promotional purposes.

Capacity to Register

Political Parties that have been formed need to be registered with the Election Commission. However, if the parties have been registered through the previous acts, such registration has been considered valid.

The Parties must, within 2074 B.S. submit all relevant documents along with the registration information to comply with the Act. Parties registered under this act shall be published through the Election Commission’s notification in the Official Gazette of Nepal.

Application for Registration

The required documents for the registration of Political Parties in Nepal are as follows:

  1. Memorandum of the Party
  2. A declaration.
  3. The party’s flag and a model of the flag.
  4. At least five hundred Nepali voters of the party along with their certification
  5. Proof of citizenship or a voter registration certificate.
  6. Provision of a Central Committee comprising at least twenty-one members.
  7. Other Documents as required

If the Commission finalizes the Party for registration, it will within 45 days of receiving the application, notify the Party and a certificate will be issued to the Party.

Incapacity to Register

Under the following conditions, Political Parties cannot be registered in Nepal:

  1. If the Party fails to meet the requirements stipulated in the Constitution
  2. If the Party’s name, purpose, position, flag, slogan, or memorandum contradicts the constitutional provisions of Nepal.
  3. If the Party fails to meet the specified percentage criteria
  4. If the party imposes, enforces, or violates a ban based on caste, creed, language, or caste.
  5. If the Party Memorandum and members of the Party are found to be in violation of the Commission
  6. If the Party’s name, purpose, slogan, or flag promotes disruption or poses a threat to unity and public interest.

Merger of Parties  

Political Parties can merge with one another as stipulated in Section 10 of the Political Parties Act of Nepal.

In the case of such merger or dissolution, the parties must submit a joint application along with relevant documents to the Election Commission, 45 Days after the agreement is signed.

The Commission, then, shall review the submitted petition, conduct necessary investigation, and ensure compliance with this Act and other regulations. If the consolidated party meets the criteria, the Commission can register the party and issue the registration Certificate.

After the issuance of the Certificate, the Election Commission must publish such information in the Nepal Gazette.

Structure and Membership of Political Parties

Chapter 3 of the Act has provisions related to the Structure and Membership of Political Parties in Nepal.

Membership

With the exception of individuals who are disqualified from holding Office in Nepal, the membership of a political party can be undertaken by any individual.

  • Having reached the age of 18 years
  • Not having committed criminal offenses involving moral turpitude or heinousness
  • Not holding Government positions at the Federal, state, or Local Government Level
  • Not to be disqualified to hold Office by Law

Structure

The Organization and Structure of a Political Party must be present at the Local, State, and Central Levels of Nepal including District-Level Organizational Arrangement. A minimum of One Hundred Women must be included among the members of the Party.

Functions, Rights, and Duties of Political Party

The Political Parties Act has authorized the following Functions, Rights, and Duties to Political Parties in Nepal:

(a) Promoting representative elections and strengthening the federal democratic system of Nepal

(b) Advocating for and promoting cultural, social, and economic right

(c) Creating opportunities for a self-reliant, self-sustaining, independent, and prosperous society.

(d) Advocating for political and civil rights and raising political awareness among the people.

(e) Promoting a culture of unity and coordination within the party.

(f) Identifying and addressing the interests and concerns of citizens.

(g) Contributing to the elimination of social discrimination, violence, untouchability, and gender discrimination while promoting an egalitarian society.

(h) Implementing policies for the rights of citizens entitled to positions in the government or non-government sector.

(i) Promoting, facilitating, or consolidating democracy and conducting other necessary activities.

(j) Working towards social harmony and unity.

(k) Promoting a voluntary spirit, raising awareness, and addressing human injustice, social justice, peace, and non-violence.

(l) Preparing for and facilitating disaster response, search and rescue, assistance during emergencies, and other necessary aid.

(m) Carrying out the actions outlined in their party’s manifesto.

(n) Seeking assistance from the Commission in administrative matters.

Prohibitions for Political Parties

(a) Violating Nepal’s absolute sovereignty, territorial integrity, national sovereignty, and individual liberty.

(b) Espionage against the nation.

(c) Violating the privacy of citizens.

(d) Assisting organizations or representatives of foreign states subject to Nepal’s jurisdiction.

(e) Actions that provoke hostility among different states.

(f) Inciting racial or sectarian hatred or caste discrimination.

(g) Disturbing the relationships between ethnic, racial, or religious groups.

(h) Banning individuals from membership based on caste, language, religion, sect, or affiliation.

(i) Creating discord among citizens.

(j) Engaging in violent acts.

(k) Encouraging or participating in the use of force to calculate civil liability.

(l) Possessing or using weapons, holding rallies, public meetings, or protests at military bases or air force facilities without prior consent.

(m) Using government, public, or private property without the consent of authorized individuals.

(n) Destroying or damaging government, private, public, or private property.

(o) Obstructing the provision of public services to the detriment of public welfare.

(p) Involving children in political surveillance.

(q) Engaging in any other activities prohibited by existing laws.

Epilogue

Political Parties Act 2073 has outlined the substantive laws for the Formation, Registration, and Operation of Political Parties in Nepal while addressing the principles the party should be guided by.

It has established several prohibitions laid down by the party while fulfilling its obligations and registration Process.

Cite

Pokhrel, Aupson. “Political Parties Act 2073 – the #1 Encyclopedia of Nepali History.” Encyclopedia of Nepali History, 19 Oct. 2023, itihasaa.com/acts/political-parties-act-2073.