Homework On Electoral System Reform

The incumbent coalition government composed of Nepali Congress and CPN (UML) had committed to bring about reforms in the existing electoral system when it assumed the rein of the government almost six months ago. The NC and UML senior leaders held the views that recurring political instability and uncertainty in the country has been engendered due to the mixed electoral system in which proportional representation takes sizeable share in the composition of the federal and provincial parliament. As a result, no single party can afford to muster majority seats in the parliament. This puts the smaller or medium-sized parties into the vital role to bargain into making or unmaking of the government. 

The frequent changes in the government during the contemporary times has been attributed to the swinging role of the medium sized or fringe parties in the parliament. These parties could be seduced into this or that side of political spectrum in exchange for minor political carrots dangled by big parties. Often times the medium sized parties have maneuvered to threaten the political stability through their loyalty shifts for political benefits and advantages. However, two big parties in the ruling government have not initiated any discussions to reform the electoral system though they have pledged such a change would be brought about through consensus with a recourse to broad based discussion among the political and social stakeholders. 

Electoral integrity

Nevertheless, mention in this context can be made of the lack of interest of the political parties to improve the governance of the electoral process which is critical to uphold and maintain the electoral integrity. Major political parties see the need to tweaking the electoral system even by compromising on proportional representation but not reform the electoral process for fairness and integrity which is indicated by the poor response given by them to Election Commission’s (EC) integrated draft focused on consolidation and reform of the electoral process. The commission had in fact made several round of consultations with relevant actors and stakeholders   to produce the draft. 

The integrated   draft bill prepared on behalf of the Commission had been presented to the government to push for legislative enactment almost two years ago. However, the draft bill has not been opened for consideration and it seems that it has been shelved for now. Since the bill presented by the EC contained provisions spelling out conduct norms and options for political a party for ensuring accountability and transparency, the government should have presumably chosen to shelve it for now. As the commission has stepped up its efforts to keep tab on the parties and their conduct for electoral integrity, political parties seem wary of such initiatives.

According to the federal constitution of Nepal 2015, political parties have been incorporated as a legal entity and registered with the EC which is designated legally as the regulating authority for the political groups and organisations. The constitution requires the political parties to imbibe the democratic values and norms. The party office bearers for different tiers and levels need to renew their mandates every five years through democratic elections subject to the provisions in their respective statutes.

Pursuant to the constitutional provision, a separate law relating to political parties had been formulated in 2017 that spells out registration process, standards, functions, scope and party functionary recruitment, and several other aspects of the political party governance. Though the EC has often been criticized for its subdued and less than satisfactory performance especially in enforcing rules and regulation, it has of late become active to assert its role as the enforcer of the political party regulatory regime. Furthermore, the EC has sprung into action to enforce the provision in the law relating to political parties that prohibits recruitment of the school and university teachers, civil servants, among others, as the office bearers of the political parties.  

Not very long back, the commission served the notice to the political parties to refrain from recruiting the government remunerated employees into the formal party structure to uphold the provisions envisaged in the law relating to political party. Needless to say, a large numbers of government remunerated employees including the school and university teachers are reportedly recruited into the ranks and files of political parties that has politicized the orientation of public institutions in the country. This has to be stopped to ensure impartiality and rationality of the academic and bureaucratic institutions that feed on the public exchequer.          

Political stability

As discussed above, law relating political party has its significance in promoting and regulating the political parties especially requiring and sanctioning them to organise and act democratically. The law fulfils such critical functions as defining the criteria for recognition of a political party, regulating party activities, prescribing norms for party organisation, setting sanctions against parties if they fail in upholding the norms and so on. Moreover, the government should initiate the discussion and deliberation on the consolidated draft bill submitted on behalf of the Election Commission of Nepal to ensure that electoral regime was further democratised and reformed.  

The Election Commission, political parties, parliamentary committees and civil society stakeholders should engage in constructive deliberation to reform the existing electoral system which is also blamed for recurring political instability in the country.  But the reform in electoral process and electoral system should go together so that whole of the democratisation and democratic reforms proceed simultaneously. Reforms in both electoral process and system could go a long way in consolidating democratic institutions and ensure political stability in the country.

(The author is presently associated with Policy Research Institute (PRI) as a senior research fellow.  rijalmukti@gmail.com)