Political Parties:
A group of organized people with the same political aim, ideology, objective, and program are called political parties.
To compete for election and get a majority in the legislative, to form the government according to the constitutional process and lead the nation according to their political principles, practices and ideology are the main objectives of political parties.
i) Democratic parties:
Democratic parties are those parties which are formed under the principal and the ideology of the democratic system. There will be two or more than two parties with their political aim, ideology, objectives and program.
ii) Mono party:
Mono party refers to the single party which rules over the country. There is no system of opening political parties and competition among the parties to take part in the election.
Criteria or conditions to be fulfilled to open a political party. The following criteria should be fulfilled to open a political party according to the interim constitution of 2063 B.S.
The conditions are mentioned in part 18 and Article number 141 and 142 of the interim constitution of 2063.
a. There should be an effective provision in the constitution of the party to keep the members of the party disciplined.
b. There should be the provision of the election in the constitution or the rules of a political party at all level at least once in every five years.
c. The constitution, manifesto and the rules or regulations of the political party must be under the norms and value of the democratic system.
d. There should be provision for the inclusive participation of the members of neglected and oppressed groups and other indigenous tribes in the executive committees at various levels.
The terms and conditions to register a political party in Election Commission:
The following terms and condition should be fulfilled to register a political party in Election Commission in a democratic system.
The following terms and conditions should be fulfilled to open a political party according to the interim constitution of 2063 B.S. because the political parties should be registered with the Election Commission to take part in the election.
i) A collection of signature of 10000 of citizens should be submitted along with the application.
ii) A political party should apply for the registration along with the constitution, manifesto, rules, and regulations, etc.
iii) The name of the political party and emblem must not be based on any religion.
iv) The name of the political party and address of its head office should be mentioned in the application form.
v) The political party must not have any sense to discriminate on the basis of class, religion, caste, tribes, etc.
vi) The name and address of a member of each of the executive committee or the committee member similar to it must be mentioned.
vii) The details source of fund and its way of collection should be clarified in the application form.
Roles of parties to establish democracy:
Nepal could not have achieved the followings without political parties. Great roles have been played by political parties to establish democracy in Nepal.
They have played a great role to unify Nepalese people. The following are the roles of political parties to bring positive changes in the country.
i) The political parties were the main source of fighting against Panchayat system, autocratic system and the direct rule of former King Gyanendra.
ii) The first political party of Nepal, Praja Parishad that was established on 20 Jestha 1993 B.S. had contributed a lot to end the Rana system in Nepal for the first time in Nepal.
iii) The political parties have played a great role to bring social, economic and political changes in Nepal. The political parties were the source of inspiration to make to make the people united to raise their voice against the autocratic system.
iv) When late king Mahendra prohibited political parties n 1 Poush 2017 BS., the political parties secretly launched various movements against the autocratic system, Panchayat system.
v) The political parties also played a great role to reinstate the dissolved parliament and introduce Loktranta on 11 Baisakh, 2063 B.S. through people's movement II.
vi) Because of sacrifice and hardship of Nepali congress and United Leftist Front, they were successful to restore multiparty democracy on 26 Chaitra 2046 B.S.
Roles of Political Parties to Establish Loktranta:
i) The seven political parties and the Maoist strongly played a great role to establish democracy in Nepal.
ii) It was the achievement because of the political parties which were possible to conduct the general election for Constituent Assembly on 28 Chaitra, 2064.
iii) The political parties continuously launched the revolutionary movements against the direct rule of King Gyanendra for 19 days.
iv) The credit goes to the political parties to promulgate the interim constitution under the norms of Loktranta which was promulgated on 1 Magh 2063.
v) Because of the hardship of political parties, the Nepalese people were able to get Loktranta on 11 Baisakh 2063.
The Role to be Played by Political Parties:
Political parties are the source of inspiration to promote the democratic system, aware the people to be united bring social, political and economic changes and work for the welfare of the people and the country.
So, the following are the roles to be played by political parties:
i) The political parties should work for the welfare of the people and the country forgetting their personal and the party interest.
ii) They should bind thought and opinions of the people together and work according to the people's will.
iii) The political parties should act as the bridge between citizens and government by supporting and opposing good and bad function and deed of government respectively.
iv) They should maintain peace and order in the nation by waking the people about the socio-culture conflict, discrimination, and violence among the various tribes, castes, ethnic groups etc.
v) They are the source of inspiration so that they should always make the people aware of fighting and working for the protection of national sovereignty and integrity.
vi)They should maintain the social harmony among them and should create mutual understanding. vii)They should be cooperative and helpful to each other.
A Sample of Manifesto of Political Party
Introduction:
Nepal democratic party was established in 2064 B.S. under the norms and values or respecting the sacrifice and hardship of people's mass movement II. Its major aim is to promote Loktranta brought by the people. It desires to work under the norms and values of Loktranta. It is one of the registered political parties in the Election Commission.
It was established hoping to be the most popular party in the eyes of people. Political Aim:
i) Its constitution has been prepared under the norms and values of Loktranta.
ii) It has tried its best to make the inclusive participation in its executive committees from all tribes, religions, Dalit, Madhesi, Janajati, Women etc.
iii) It has given priority to the thoughts, will, and aspiration of the people.
iv) It has tried its best to strengthen the national integrity and unity.
Commitment:
If our party becomes the largest party in our country by winning the election, we will commit the following commitments respecting the will of the citizens and the needs of the country.
i)To fulfill the needs and desire of the people by respecting their will and aspirations.
ii)To draft the new constitution by the inclusive participation of the people respecting the thought and will of the citizens.
iii) To alleviate poverty, unemployment problems by giving priority to various training at the local level.
iv)To give more emphasis on infrastructural development like health, education, and transportation. v) To ensure wider public participation and give equal opportunities to all ethnic groups, tribes, janjatis, Dalits, socially back warded communities, etc.
vi) To make efficient administration by good governance in the country.
vii)To provide security forces in the border area to stop border encroachment and maintain peace and order throughout the country.
viii) To respect and honor those who had contributed a lot in different sectors to bring positive changes I the country.
ix) To end socio-economic disparities among the people.
x) To divide a country on the federal state for quick development on the basis of people's will and aspirations. Appeal: If our party becomes the largest party in our country winning the election, we will fulfill the above commitment. We always work for the development and for uplifting our nation and will give priority to the will of people. We commit our principles and try our best to fulfill the-the commitment before you. So, it is our request to cast the vote for our party. We might be able to make our party the largest party in Nepal. Our election symbol is twinkling Diyo. So, please vote for us.
Human Rights and National and International Agencies:
Human rights are the basic rights and freedoms that all people are entitled to regardless of their age, sex, nationality, etc. Historical Background:
a. The concept of human rights certainly existed in pre-modern cultures; ancient philosophers like Aristotle wrote on the rights of people to property and participation in public affairs.
b. The basis of most modern legal interpretations of human rights can be traced back to recent European history where the Twelve Articles are considered to be the first record of Human rights in Europe.
c. In the 19th century, UK and USA took several steps in banning slavery, assuring full citizenship and rights to people born in the US, guaranteeing African-Americans the right to vote.
d. At the 1945 Yalta Conference, the allied powers agreed to create a new body to supplant the League's role; it was the United Nations. After the world wars, the UN is quite successful in making its members develop the bodies of law that now make the international humanitarian law and human rights law.
The United Nations (UN) has declared Human rights in 1948 A.D. with an aim of providing necessary requirements for people's growth and development. It was the tireless efforts of Eleanor Roosevelt, the wife of the former US president, Franklin D Roosevelt which resulted in the issue of first Universal Declarations of the Human Rights by the UN on 10th December 1948. There are 30 articles in the Universal Declarations of Human Rights.
They are listed below:
Article 1:
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2:
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as a face, color, sex, language, religion, political or another opinion, national or social origin, property, birth or another status. Furthermore, no distinction shall be made on any basis.
Article 3:
Everyone has the right to live, liberty and security of person.
Article 4:
No one shall be held in slavery or servitude. Slavery and the slave trade shall be prohibited in all their forms.
Article 5:
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Everyone has the right to recognition everywhere as a person before the law.
Article 6:
Everyone has the right to recognition everywhere as a person before the law.
Article 7:
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8:
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9:
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10:
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11:
Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under a national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12:
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13:
Everyone has the right to freedom of movement and residence within the borders of each state. Everyone has the right to leave any country, including his own, and to return to his country.
Article 14:
Everyone has the right to seek and to enjoy in other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15:
We all have the right to belong to a country.
Article 16:
Every grown-up men and woman have the right to marry and have a family as if they want to. They are entitled to equal rights as to marriage. Men and women have the same rights when they are married, and when they are separated.
Article 17:
Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.
Article 18:
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20:
Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association.
Article 21:
Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right of equal access to public service in his country. The will of the people shall be the basis of the authority of government; this will/shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22:
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23:
Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24:
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25:
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26:
Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27:
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28:
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29:
Everyone has duties to the community in which alone the free and full development of his personality is possible. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30:
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Roles of National and International Organizations in Human Rights Conservation
There are many national and international agencies effective in the Human Rights conservation in Nepal. These agencies are involved in the warning about the violation of human rights, awareness and upholding of human rights values in Nepal.
Below are some national and international agencies that are involved in the human rights conservation.
1. National Human Rights Commission:
This is a constitutional organ of Nepal. It was established in 2057B.S. It has been working in relation to human rights ever since. Dignity, Equality and Justice is the main motto for this organization.
2. Informal Sector Service Center (INSEC):
Established in 1988A.D., it has been running since a long time in Human and Civil Rights movement. It provides service to people in the informal sector of the country and overseed the human rights conditions. It also publishes a Human Rights Yearbook each year.
3. Amnesty International:
This in an international organization involved in human rights sector in Nepal. It was established in 1961A.D. in London. This agency has been working to stop human rights violation and provide basic human rights to the ones who have been ignored. This agency was awarded the Nobel Peace Prize in 1977 and UN Human Rights Award in 1978 for its work against human torture.
Roles of Citizen in an Election
Every citizen has to play a significant role to conduct a systematic, fair and free election in the democratic process. The following are the roles to be played by the citizen for successful election:
A. Before Election
The citizen has to check the voter list and make sure that his/her name is included or not according to his address, age, and name.
The citizen has to inform the concerned authority to correct if there is any mistake in the name, address and the age of the voters.
For example: If there is a name of a person who is already dead or has migrated, one has to help the election commission in updating the voter list. Every citizen has to help and support election commission by giving correct information while preparing voter list.
Every citizen has to aware others about the importance of election as casting vote is their fundamental right to choose the right candidate.
B. During the Election
Every citizen has to encourage the eligible citizens to go to the polling centers to cast their vote on the Election day. The citizen has to wait their turn patiently standing in the queue.
They should help the physically challenged people and aged people to cast vote first.
They have to see the ballot paper, find the symbol of the candidate or party and put stamp very carefully.
C. After the Election
A citizen should patiently wait for the result. Citizens should help to clean the papers, bottles, plastics and other unwanted things found in the spot.
A citizen should help the security personnel to secure the Ballot Box to headquarters.
Citizen should not get overexcited and depressed in case of victory or loss of the candidate and should congratulate and support for the programs to give successful end.
Constitutional Organs
The arranged institutions made in the constitution of a country in order to carry out additional functions are called constitutional organs. Legislature, executive, and judiciary only cannot handle every sector required for the well-being of the nation. So, some of the bodies are included in the constitution to carry out daily administration: Commission for the Investigation of Abuse of Authority (CIAA)
Provision in the Constitution: There is the provision of CIAA in part 21 of the Nepal Constitution. Formation and Appointment: There's a chief commissioner and other commissioners who are appointed by the President on the recommendation of Constitutional Council. Tenure: The minimum age required is 45 years. Their tenure is 6 years and the retirement age if 65 years.
Qualification: a. Should be a graduate from a recognized university. b. Should not be affiliated with any party during the time of appointment. c. At least 20 years experience in the field of accounting, revenue, engineering, law, etc. Functions:
a. To prevent the abuse of authority and check corruption in the country. b. To conduct inquiries and investigations of improper conduct or misuse of authority by a person holding any office except the Nepal Army. c. To submit an annual report of its work to the President.
Auditor General
Provision in the Constitution: There is the provision of Auditor General in Part 22 of the Nepal Constitution. Formation and Appointment: The Auditor General is appointed by the President on the recommendation of Constitutional Council. Tenure: The minimum age required is 45 years. Their tenure is 6 years and the retirement age if 65 years. Qualifications: a. Should be a graduate in management or account from a recognized university or should have passed the examination of Chartered Accountant. b. Must have worked as a special class officer of Nepal Government or 20 years experience in accounting. c. No party affiliation during the appointment time. d. Must have high integrity. Functions: a. To audit all the government accounts of government offices like Supreme Court, Parliament, Nepal Army, etc. b. To recommend the appointment of auditors for carrying out the audit of any corporate body including corporation where the government has 50% of shares or assets.
Public Service Commission
Provision in the Constitution: There is the provision of Public Service Commission in Part 23 of the Nepal Constitution. Formation and Appointment: There's a chairman and other members who are appointed by the President on the recommendation of Constitutional Council. 50% of the members are appointed from among the civil servants who has served for 2 years or more in government service. Rest are appointed from renowned personalities in the field of science, technology, arts, etc. Tenure: The minimum age required is 45 years and their tenure is 6 years. Qualifications: a. Should be a post graduate from a recognized university. b. No party affiliation during the appointment time. c. Must have high integrity. Functions: a. To conduct examinations for the selection of suitable candidates to be appointed to civil posts. b. To conduct all the procedures like interviews, examinations, etc. every year and recommend them in suitable positions of government service. c. To provide an annual report to the President.
Election Commission
Provision in the Constitution: There is the provision of Election Commission in Part 24 of the Nepal Constitution. Formation and Appointment: There's a chief election commissioner and other commissioners who are appointed by the President on the recommendation of Constitutional Council. Tenure: The minimum age required is 45 years and their tenure is 6 years and the retirement age is 65 years. Qualifications: a. Should be a post graduate from a recognized university. b. No party affiliation during the appointment time. c. Must have high integrity Functions: a. To conduct, supervise, direct and control election in local and national level. b. To prepare electoral rolls, ballot papers, etc. and to provide necessary human powers and other support required to conduct election successfully.
National Human Rights Commission
Provision in the Constitution: There is the provision of National Human Rights Commission in Part 25 of the Nepal Constitution. Formation and Appointment: There's a chairman and other four members who are appointed by the President on the recommendation of Constitutional Council. Tenure: The minimum age required is 45 years and their tenure is 6 years. Qualifications: a. Should be a post graduate from a recognized university. b. No party affiliation during the appointment time. c. Must have high integrity. Functions: a. To respect, preserve and promote human rights in the country. b. To identify the violation of human rights, victims who are affected by the violation and rescue as well as compensate them. c. To apply other rights and encourage others to fulfill their duties.
National Natural Resources and Fiscal Commission Provision in the Constitution: There is the provision of Attorney General Part 26 of the Nepal Constitution. Functions: a. To give suggestions to the state and local government regarding the budget or donations received from any source. b. It also gives plans to increase the GDP. c. It also studies and gives reports on the natural resources use and distribution. d. It prepares plans for preventing conflicts regarding the use of local natural resources.
Executive
Executive is an important organ of the government that is responsible for putting the laws and order into effects. It is also known as Council of Ministers or cabinet or government. Interim Government:
The government which has been formed with political consensus among parties temporarily in order to rule the country during transitional period until a new elected government is formed is known as interim government. Example: The government of Khil Raj Regmi was Interim Government as it was formed to conduct election of constituent assembly. Government of Coalition:
The government which has been formed by simple majority or coalition of two or more than two political parties forming two third majorities in the parliament is called government of coalition. This type of government is formed when there is not majority of any parties in the government.
Government of National Consensus:
The government which has been formed including all political parties representing in the parliament with mutual understanding and political commitment to rule the country during transitional period is known as government of national consensus. The above 3 types of government are mentioned in Part 5 of the Interim Constitution 2063. The Prime Minister, after being elected takes the oath of secrecy from the President and appoints other ministers, state ministers etc. to form his cabinet as well as Deputy Prime Minister if needed. The person who wants to be the candidate of the Prime Minister must be a member of the parliament. He/She can be the Prime Minister if he/she gets support of two third majority of the members in the parliament through vote.
Functions of Executive
a. Administrative function:
The Executive carries out all the important appointments concerning the administration of the state. It prepares plans and policies of the country and controls the daily administration. It coordinates with different departments of the government.
b. Diplomatic function:
Nepal is a developing country. It is in the process of development. Foreign aids are helpful for the development of our country and for that diplomatic relations are to be strengthened. Executive plays a vital role in creation of mutual understanding between Nepal and other countries through various plans and programs.
c. Financial mobilization and management:
It is also an important function where the executive takes benefits from taxes and revenues and distributes it in all the important sectors. It mobilizes and manages the financial condition of the state. It puts the budget into force through scientific and systematic way covering all the nooks and corner of the state.
d. Army related functions:
Executive controls, mobilizes and manages the Nepalese Army to provide security to the state from being attacked by the internal and the external fractions. It protects the country from all possible foreign attacks and maintains law, order and peace within the country.
Judiciary
Judiciary is an independent, highly honorable and impartial organ of government which applies and explains the laws formulated by legislature and enforced by the executive. There are 3 types of court in Nepal namely District Court, Appellate Court and Supreme Court. Judiciary is the guardian of the constitution because it protects and promotes the constitution through different remedies as well as punishments.
Types of Judiciary
a. District Court
There are 77 district courts in Nepal (one in each district) and it consists of a chief judge and a judge. It is the smallest court where the personal case of the people is registered. The chief judge and judge are appointed by the chief justice on the recommendation of the Judicial Council.
The following are the qualifications required to be a judge of a district court:
i. A Nepali citizen having passed Bachelor's Degree from a recognized university in law.
ii. He/ She must have worked as a second class officer in the judicial field.
iii. He/ She must have practiced law for 8 years as an advocate.
b. Appellate Court (High Court)
There are 7 Appellate courts in Nepal in different places like Illam, Biratnagar, Dhankuta, Patan, Hetauda, etc. and consists of 1 chief judge and 6 or more judges as per requirement. The people who are dissatisfied by the decision of District Court can file the same case. The chief judge and judge are appointed by the chief justice of the Supreme Court under the recommendation of Judicial Council.
The following criteria should be fulfilled to be appointed as a chief judge or other judges:
i. A Nepali citizen with sound mentality.
ii. Graduate degree in law from a recognized university and experience of working as a judge of District Court for 7 years or first class officer in the judicial field for 7 years.
iii. A law graduate with 10 years of experience as a senior advocate.
iv. Teaching or research experience at least for 10 years in the legal and judicial service.
c. Supreme Court
There is only 1 supreme court in Nepal as per constitution of Nepal .It is the highest and independent court of Nepal. People file their case here if they are not satisfied by the decision of both District and Appellate Court. The cases of national issues are directly filed here and the decision of this court is final and should be followed by all. The only Supreme Court of Nepal is located in Kathmandu and consists of a Chief Justice and 14 permanent judges. According to the Interim Constitution 2063, the chief judge is appointed by the President under the recommendation of Constitutional Council. The tenure of the Chief Justice is 6 years and the retirement age is 65 years. The other judges of the Supreme Court are appointed by chief justice under the recommendation of Judicial Council. It is called the court of records as it keeps records of all the courts.
The qualifications for the chief justice and the judges are:
Chief Justice:
A. Nepali citizen who has worked as a judge of the Supreme Court for at least 3 years.
Judges:
i. A Nepali citizen who has worked as a judge of the Appellate Court for 7 years.
ii. He/ She has worked as a first class officer in the judicial field for 15 years.
iii. Bachelor Degree from a recognized university in law, etc.
Functions of Judiciary
a. Advisory functions:
Judiciary gives advice to the other organs and constitutional organs when required. Suggestion on national issues is the work of judiciary. It also finds remedies for complicated legal matters.
b. Judicial functions:
The main function of judiciary is to punish the culprit and give proper verdict in support of innocent on the basis of the existing law. It decides punishment for criminals and gives decision regarding national issues.
c. Interpretation of law and the constitution:
Another main function of the Judiciary is to explain the laws made by legislature and implemented by the executive. It supervises the laws and clarifies the meaning of the laws and their provisions.
d. Protector of people's rights and freedom:
The rights granted by the state are protected by the constitution as Judiciary gives clear decisions about the rights and duties of an individual. It gives justice or verdict if any rights are violated.
Election Process
Election is necessary to choose a representative by the people in the federal, state and local levels of the government. Election is a democratic process in which the eligible citizens (18 years of age) of a country choose a person or member or representative for national and local level. Nepal holds election forthe posts of President, Vice President, State Representatives, and Local Level Representatives.
The election is conducted by the Election Commission. Electoral Roll / Electoral Register
It is the name of list of the people who have the right to vote in the election. The Election Commission prepares it every year including the name of eligible voters who are above 18 years of age as started by the commission.
Voters ID Card
This is necessary for any voter to get teh right to vote. This contains the name, address, identification number and photo of the voter.
Ballot Paper
A piece of paper prepared by Election Commission containing names or symbols of candidates for an election is called Ballot paper.
Ballot box:
A ballot box is a box made specially to keep the ballot paper after casting the vote.
Polling Centers:
A polling center is the designated area where people go to vote in the election. When setting the polling center, they pay attention over distance, easiness for voters, management of security and transportation, etc.
Sub-polling centers:
A polling centers might have the capacity of casting votes of 1200 people. If the number of voters is more than the capacity of polling centers, the sub polling centers are set up as required.
Qualifications of the Candidates Certain age requirements must be fulfilled to be a candidate of any level of the government.
a. President/Vice President - 45 years of age.
b. Federal Representative - 25 years for federal and 35 for national government.
c. State Council Representative - 25 years of age.
d. Village Committee Mayor, Vice Mayor, Members - 21 years of age.
Federal Represenatative Qualifications:
a. Should be a citizen of Nepal.
b. Should not be punished for any criminal offense.
c. Should not be disqualified by the law of Nepal.
d. Should not hold any public post paid from the state treasure.
Election Bodies According to the present constitution, there are three bodies of election and they are: A. Election Commission:
This is the permanent body of election lies in the center, which consists of Chief Election Commissioner and other commissioners. It conducts all types of election fairly and impartially. During the election, it appoints the election officers in every election constituency. B. Election Officers:
After the declaration of the date of election, Election Commission appoints the election officers. The persons who are the government job holders can be appointed as the election officers. C. Polling Officers:
They are appointed by the election officers and from among the civil servants or government employees during the election.
Functions:
a. To make necessary arrangements in polling and sub-polling centers.
b. To arrange security personals.
c. To begin the election in scheduled time with legal process.
d. To postpone or cancel the election if necessary.
Types of election
i. General election
ii. Local election
iii. Referendum
iv. Mid-term election
v. By-election
i. General election:
The election in which representatives for national level or the parliament are elected is known as general election. It is held after end of every 5 or 6 years.
ii. Local election:
The election where the representatives of local bodies like DDC, VDC, municipalities, etc. are elected is known as local election.
iii. Referendum:
The process of deciding any important issue by the popular participation of citizens during voting is called referendum. In this process, the citizens have to choose one out of two options.
iv. Mid-term election: The election which takes place before the end of the set tenure because of the dismissal of the members of legislative body is known as mid -term election.
v. By election: The re-election that is conducted because of death or resignation of the legislative or local members is known as by election.
Other Constitutional Organs
Part 27 of the Nepal Constitution has defined 7 constitutional organs. This includes National Women Commission, National Dalit Commission, National Inclusion Commission, Indigenous Nationalities Commission, Madhesi Commission, Tharu Commission, and Muslim Commission. National Women Commission The article 252 of Nepal Constitution defines the women commission consisting of a Chairperson and four other members. Functions and duties of National Women Commission are to formulate policies and programs concerning the rights and interests of the women and submit them to the Government of Nepal for implementation, to monitor as to whether those have been implemented, and make suggestions for their effective compliance and implementation to the Government of Nepal. It also works in order to have women included in the mainstream of national development and equal participation in all organs of the state. It carries out study and research work on the legal provisions relating to gender equality, empowerment of women and women, make recommendations to the concerned bodies on reforms to be made on such laws, and monitor the same. It oversees cases against any persons or bodies on matters of violence against women or against women’s rights
National Dalit Commission
The article 255 of Nepal Constitution defines National Dalit Commission of Nepal, consisting of a Chairperson and four other members. The functions and duties of National Dalit Commission are to serve the overall situation of the Dalit community, identify areas of necessary policy, legal and institutional reforms in that field, and make recommendations to the Government of Nepal. It also formulates national policies and programs concerning the interests of the Dalit for the upliftment and development of the Dalit, putting an end to caste-based discrimination, oppression and discrimination, and submit such policies and programs to the Government of Nepal for their implementation, to monitor as to whether laws have been effectively implemented, and to have the Dalit community included in the mainstream of national development and ensure proportional participation in all organs of the State
National Inclusion Commission
The article 258 of Nepal Constitution defines National Inclusion Commission of Nepal, consisting of a Chairperson and four other members. The functions and duties of National Inclusion Commission is to conduct study and research works for the protection of the rights and interests of the communities, including Khas Arya, Pichhada class, persons with disabilities, senior citizens, labors, peasants, minorities and marginalized community, backward class, people of Karnali and the indigent class. It studies the status of implementation of the policies and laws adopted by the Government of Nepal for the inclusion of the community, class and region so that there is appropriate representation in the organs of the state. It makes suggestions to the Government of Nepal about policies and programs to be pursued for the development and prosperity of the Karnali and backward regions, and makes recommendations for timely revisions of laws concerning minority and marginalized communities.
Indigenous Nationalities Commission
The article 261 of Nepal Constitution defines the Indigenous Nationalities Commission. The functions and duties of National Indigenous Commission are to conduct study and research works for the protection of the rights and interests of the indigenous nationalities. On the recommendation of the Constitutional Council, the President appoints the Chairperson and members of the Indigenous Nationalities Commission. This commission has a chairperson and 4 members.
Madhesi Commission
The article 262 of Nepal Constitution defines the Madhesi Commission. The functions and duties of the Madhesi Commission are to conduct study and research works for the protection of the rights and interests of the Madhesi nationalities. On the recommendation of the Constitutional Council, the President appoints the Chairperson and members of the Madhesi Commission. This commission has a chairperson and 4 members.
Tharu Commission
The article 263 of Nepal Constitution defines the Tharu Commission. The functions and duties of the Tharu Commission are to conduct study and research works for the protection of the rights and interests of the Tharu nationalities. On the recommendation of the Constitutional Council, the President appoints the Chairperson and members of the Tharu Commission. This commission has a chairperson and 4 members.
Muslim Commission
The article 262 of Nepal Constitution defines the Muslim Commission. The functions and duties of the Muslim Commission are to conduct study and research works for the protection of the rights and interests of the Muslim nationalities. On the recommendation of the Constitutional Council, the President appoints the Chairperson and members of the Muslim Commission. This commission has a chairperson and 4 members.
Women and Indigenous Population Related Rights
More than half of Nepal’s population is represented by women.
Women empowerment is impossible without defining women rights first. Nepal Constitution defines the following laws, rights and other factors.
1. Build a cooperative society which is equal, inclusive and involved by all members.
2. End gender inequality.
3. Citizenship obtainable from mother’s name as well.
4. No discrimination based on origin, religion, caste, gender, disability, etc.
5. Special functions for socially or culturally backwards women, disabled citizens, etc. to empower, conserve, or develop the rights.
6. Give women equal rights in hierarchy rights.
7. Give women rights in safe maternal and reproductive health.
8. Violence against women on the basis of religious, social and cultural traditions or any physical, mental, sexual, psychological or any other kind of violence to be stopped. Such action is punishable by detention and victim compensation.
9. Involvement of women in every sector of the government by equal and inclusive format.
10. Provide special opportunity for women in education, health, employment and social security.
11. Equal rights for men and women in marital wealth and family matters.
12. Formation of National Women Commission.
13. Women can participate in all of the state authorities to guarantee the right to equal social justice. 14. Economically disadvantaged and disabled women have the right to social security. 15. Ensuring the fundamental rights and human rights and ensuring gender equality to be the objective of the government. Indigenous and tribe related Rights
Nepal is a multi-languaged and multi-ethnic country. More than 125 indigenous cultures live here. 59 of these indigenous cultural groups have been further classified as tribal groups. Indigenous cultures are lagging behind in terms of human development due to their lack of access and progress in education, communication, health care, etc. Basic level education is a must and has been classified as the rights of indigenous cultures along with the above mentioned basic rights. Indigenous means the cultures following their mother tongue, a separate traditional customs, cultural identity, social structure, and written or unwritten history to remember the nation or community. The establishment of Indigenous Nationalities Act, 2058 Section 1 Subsection 2 has been formulated to this very means. Educational and other rights for indigenous population
1. Right for basic education free of cost and compulsory for all.
2. Right to child friendly environment in schools.
3. Right to conserve and prosper their language, scripts and civilization.
4. Right to easy access to the natural resources and means in the locality.
5. Right to education in their own mother tongue language.
6. Right to high school education with scholarships.
7. Special opportunities in service provided by the government in various housing and employment facilities.
8. Right to involvement and inclusiveness in different organs of the government.
The government’s attempts to establish indigenous rights
1. Establishing the Nepal Indigenous Commission.
2. Availability of education in mother tongue up to the primary level.
3. Involvement in various institutions of the state for equal access and opportunity to indigenous participants.
4. Curriculum, text books and educational materials as well as teachers management to teach in mother tongue.
5. Scholarship system
Citizen Identification and Citizenship
The proof that a country gives its citizens their identification is Citizenship. This is also the constitutional basis as well. Nationality and Citizenship are different things. Citizenship relations can be broken, but nationality is always the same. There are two ways to get citizenship. First method is to get it on the basis of family ties. This is also known as the bloodrelation based citizenship.
The second method is birth based. Difference between Nationality and Citizenship :
1. Citizenship is obtained by being a resident in a country, but nationality remains even if one resides abroad.
2. Citizenship is temporary and can be abandoned, but nationality is permanent and cannot be abandoned.
3. Citizenship is of a limited prospective, but nationality is broader prospective.
4. Citizenship is the relation between country and law, but nationality is between pride and sentimentality.
5. Citizenship carries individual opinion, but nationality carries a social sentiment. Recognition of Citizenship
There are different norms related to citizenship. One can obtain a citizenship under the condition of birth within the country. Similarly, parental descent can be verified to acquire citizenship. In some countries the provision of dual citizenship has been given. Not having a citizenship is also a provision in Nepal. Similarly, a country can give out an honorary citizenship to citizens of other countries who are famous and have contributed to some common goal. In some countries, a second-class citizenship is given to its citizens. In that case, the citizen is barred from using some of the services and has fewer rights.
Provisions for obtaining a citizenship in Nepal Constitution
A. Descendent Citizenship
1. If a person is born in Nepal, and their parents have a Nepali citizenship, then they can obtain a Nepali citizenship.
2. If a person’s parents are Nepali citizen and have obtained their citizenship before the announcement of the constitution, the child can obtain a citizenship by claiming the parents are Nepali citizens.
3. Orphans whose parents are not in contact are considered Nepali citizen until their parents are found and if they are descendent Nepali parents.
4. Child is born in Nepal and has mother with Nepali citizenship, but father is not identified, then they are given Nepali citizenship based on hierarchy.
B. Naturalized Citizenship
1. A foreign woman married to a citizen of Nepal.
2. A child born to a Nepali female citizen from marriage with a foreign citizen in Nepal and having permanent residence in Nepal may be granted naturalized citizenship, given that the child has not acquired the citizenship of the foreign country on the basis of the citizenship of his/her father.
3. Honorary Citizenship The Government of Nepal may grant naturalized citizenship as prescribed to those foreign citizens, who have contributed specially for the upliftment of science, philosophy, art, literature, world peace, human welfare or Nepalese industry, finance or social development
4. Non-residential Citizenship Foreigners having citizenship of a country apart from the SAARC members and having settled there, and being the descent of his/her father or mother, grandfather or grandmother being a Nepali citizen can receive a non-residential citizenship. Such citizens don’t have all the rights but do get the economic, social and cultural rights.
0 Comments