Class -10 (Social Studies) Unit- 5 Civic Consciousness
Unit: 5 Civic Consciousness
5.1 The Legislature
Province
Headquarter, Governors, CM Speakers and Deputy Speaker
Province: 1
Temporary
Headquarter-Biratnagar
Governor-
Govinda Subba
First
Chief Minister-Sherdhan Rai
First
Speaker-Pradeep kumar Bhandari
First
Deputy Speaker-Saraswoti Pokhrel
Province: 2
Temporary
Headquarter-Janakpur
Governor-
Ratneshor Lal Kayasthe
First
Chief Minister-Mohammad Lalbabu Rawat
First
Speaker-Saroj Kumar Yadav
First
Deputy Speaker-Upma Kumari Dev
Province: 3
Temporary
Headquarter- Hetauda
Governor- Anuradha Koirala
First
Chief Minister-Dormani Paudel
First
Speaker-Sanu Kumari Shrestha
First
Deputy Speaker-Radhika Tamang
Province: 4(Gandaki)
Temporary
Headquarter- Pokhara
Governor- Baburam Kunwar
First
Chief Minister-Prithvi Subba Gurung
First
Speaker-Netranath Adhikari
First
Deputy Speaker- Srijana Sharma
Province: 5
Temporary
Headquarter- Butwal
Governor- Umakant Jha
First
Chief Minister-Shankar Pokhrel
First
Speaker-Purna Bahadur Gharti
First
Deputy Speaker- Krishni Tharu
Province: 6 (Karnali)
Temporary
Headquarter- Surkhet
Governor- Durga keshar Khanal
First
Chief Minister-Mahendra Bahadur Shahi
First
Speaker-Raj Bahadur Shahi
First
Deputy Speaker- Pushpa Ghartimagar
Province: 7 (Far-Western)
Temporary
Headquarter- Godawari Kailali
Governor- Mohan Raj Malla
First
Chief Minister-Trilochan Bhatta
First
Speaker-Arjun Bahadur Thapa
First
Deputy Speaker- Nirmala Badal
Legislature: An Introduction
Legislature
is the law making organ of the government formed by the elected representatives
of the people.
It is also known as the factory of law.
Montesque,
the French philosopher and a political thinker mentioned the three organs of
the state in his book ‘The Spirit of Law’ into limelight in the 18th
century.
Two
Types of Legislature:
1.
Unicameral Legislature – Consist of single House.
2.
Bicameral-Consist of two Houses. (Nepal)
Federal
Legislature:
The
Bicameral Federal Legislature consists of the House of Representatives
and National
Assembly.
Compositions of
House of Representatives:
-It
consists of a total of 275 members.
●165
members, one from each constituency, elected through FPTP system.
●110
members elected through the proportional representation system. (PR)
●
the tenure is for 5 years.
●It
elects the Speaker and the Deputy Speaker (at least one woman) within 15 days
from the first meeting of the house.
Composition of National
Assembly:
-It consists of
59 members.
●56
members consisting at least 3 women, 1 Dalit, and 1 from persons with
disabilities or minorities from each state.
●3
members consisting of atleast 1 woman, nominated by the President on
recommendation of the Government of Nepal.
●The
tenure is for 6 years and it is a permanent house.
●It elects one Chairperson and one
Vice-chairperson among themselves within 15 days from the first meeting.
Provincial
Legislature/ State Legislature:
The
Constitution of Nepal-2072 Part 14 Article 175 deals with the provincial
legislature. Every province in Nepal shall have a provincial legislature to
formulate necessary laws for it. The legislature shall consistof 60% members
elected through FPTP and 40% through PR electoral system.
Qualifications
to be the candidate of Federal Parliament/ Legislature:
As
defined by the constitution, an individual should fulfill the following
criteria to register the candidacy in an election for the federal parliament:
●Nepali
citizen.
●Above
25 years of age for the House of Representatives and 35 years for the National
Assembly.
●Not
been punished for any criminal offence involving moral turpitude (wickedness,
corruption).
●Not
disqualified by any federal law.
●Not
holding any office of profit.
Power and
Functions of Federal Legislature:
1. Formulation
of Law:
It
makes law according to the will, sentiment and need of people. Therefore, it is
called a ‘Law factory.’
2. Amendment of
the Constitution:
The
same law may not work forever, it needs to be revised, updated or improved as
per time, situation and context.
3. Financial
Function:
Legislature
passes annual budget prepared by the government (executive). It is also called ‘the
guardian of State Revenue’ since it imposes the new tax and changes the
existing tax.
4.
Administrative Function:
Legislature
controls the executive. Generally, the head of the executive id chosen and
appointed by the legislature. It warns executive against bad deeds. It can also
forward the ‘vote of no confidence’ if not satisfied which may result
collapse of the executive.
5. Judicial
Function:
Legislature
has some judicial powers like approval of the recommendation for the
appointment of Chief Justice and other Judges of the Supreme Court.
Any subject matter brought forward for discussion in the legislature before any law is made is known as a bill. It is also called ‘a raw law.’ It is tabled in the legislature meeting of any of the Houses. The bill, then, is discussed and rediscussed through different committees and sub-committees. After a wide range of discussion, it can be revised or changed as necessary. Then, it is promptly sent to another House. Once the House also approves the bill by majority votes, it is sealed by the president. Now, the bill becomes a law.
Two types of Bill: Governmental and non-governmental bills.
What is
motion of no confidence?
It
is written statement presented to the House of Representatives signing by ¼ of
the total number of the then members of the House of Representatives which
states that the Prime Minister is no longer deemed to hold the post. If it is
passed by the a majority of the total number of the House of Representatives,
the prime Minister shall relieve of his/her office. Provided that a motion of
no confidence shall not be tabled until the first 2 years after the appointment
of the Prime Minister and until another one year after the date of failure of
the motion of no confidence once tabled.
What is impeachment (dxfclEfof]u)?What is the provision for impeachment in the constitution? Write briefly.
Impeachment
is the charge of misconduct made against the holder of a public office. If the
heads of the constitutional bodies such as President, Vice-President, Chief
Justice and Judges from Supreme Court and others are found involved in
misconduct, members of legislature can file impeachment motion in the
legislature.
The
provision of impeachment is granted in Article 101of the Constitution of Nepal,
2072.
-
¼
of the total number of the then members of the House of Representatives may
move a motion of impeachment against the President or Vice President on the
ground of serious violation of this Constitution and the Federal law. If the
motion is passed by at least two thirds majority of the total numbers of both
House of Federal Parliament, he or she shall relieve of his or her office.
1. Federal Executive
2. Provincial/ State Executive
3. Local Executive
1. Provision under Part-7
1. Provision under Part-13
1. Provision under Part-17
2. Known as a Federal Council of Ministers or Government of Nepal.
2. Known as a State Council of Ministers/ State Government.
2. Known as a Village Executive/ Municipal Executive.
3. It is led by the Prime Minister.
3. It is led by the Chief Minister.
3. It is led by the Chairperson/ Mayor.
4. Chief Executive takes oath of office and secrecy before the President.
4. Chief executive takes oath of office and secrecy before the Chief of State.
4. Chief executive takes oath of office and secrecy before the Chief Election Officer of the concerned local bodies.
5. It is responsible for the general administration of the whole country.
5. It is responsible for the administration of the particular state.
5. It is responsible for the administration of the concerned Village/ Municipal bodies.
Power
and Functions of Executive/ Federal Executive
a.
Administrative Function:
Ø The
executive body 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.
Ø It
coordinates with different departments of the government. The act of
maintaining peace and order, policy making, directing and instructing orders
and actions fall under it.
b. Diplomatic Function:
Ø Nepal
is a developing. It is in the process of development. Foreign aids are helpful
for the development of the country and for the diplomatic relations are to be
strengthened.
Ø Executive
plays a vital role in creation of mutual understanding between Nepal and other
countries through various plans and programmes.
Ø Executive
plays a vital role in creation of mutual understanding between Nepal and other
countries through various plans and programmes.
c.
Financial Function:
Ø Economy
is the main strength of the country.
Ø The
annual fiscal budget is prepared by the executive body, likewise the periodic
plan is prepared by it.
Ø It
determines tax, tax collection, revenue mobilization, taking loan from other
countries etc.
Ø It controls the financial administration of
the country.
d.
Army related Functions/ Military Functions:
Ø Executive
controls, mobilizes and manages the Nepalese Army to provide security to the state
from being attacked by the internal and the external fractions.
Ø The
executive government can use army even for disaster management and development
works.
Ø It
protects the country from all possible foreign attacks and maintains law, order
and peace within the country.
e. Legislative and Judicial Functions:
§ The
executive carries out different legislative functions such as it tables the
bills in the parliament meeting and issues ordinances when the parliament is
not in session. It also possesses power to summon (call), adjourn (postpone or
suspend), and prorogue (discontinue a
session of parliament) the session.
§ Quite similarly, its judicial function is
that it can grant pardons or minimize the punishment decided by the Judiciary.
Village
Executive & Municipal Executive
|
Village Executive |
Municipal Executive |
|
Ø Chairperson- Chief Executive Ø Vice-Chairperson Ø Ward Chairpersons Ø 4 women members
elected by Village Assembly from among themselves. Ø 2 members from Dalits
or Minorities communities elected by the Village Assembly. |
Ø
Mayor- Chief Executive Ø Deputy Mayor Ø
Ward Chairpersons Ø
5 women members elected by Municipal Assembly from among themselves. Ø
3 members from Dalits or Minorities communities elected by the
Municipal Assembly. |
What
is ordinance(cWofb]z)?Write
briefly about the provision of ordinance in the new constitution.
•
Ordinance is temporary law passed by
executive. They can be only issued when Parliament is not in session. They
enable the government to take immediate legislative action.
•
Provision of ordinance in the
Constitution of Nepal:
Ø When
both the Houses of Federal Parliament is in session, the President may issue ordinance
on the recommendation of the Council of Ministers.
Ø Such
an ordinance shall be tabled at the next session. If the ordinance is not
passed by the Houses, it shall cease to be effective.
Ø Such
ordinance may be repealed (cancelled) at
any time by the president.
5.3 The Judiciary
Judiciary is an independent organ of government which applies and interprets the law formulated by Legislature and enforced by the Executive. It must remain impartial and and independent. Otherwise, it can't give fair verdict.
The Chief Justice of the Supreme Court functions as the head of whole judicial system.
The Judiciary provides justice, interprets the constitution and laws, protects people's rights and freedom, and advises the government and the parliament on legal matters.
Judiciary
is called the Guardian of Constitution. Why?
•
Judiciary
is called the Guardian of Constitution because of following reasons:
Ø It safeguards
and promotes the constitution through interpretation, remedies and punishment.
Ø In a nation
where Judiciary is weak or not independent, its people may suffer from
confrontation (jhagda) & injustice.
Ø It resolves
conflicts, punishes people who violate laws of nation, interprets the
constitution and checks the activities of the other organs of the government
namely Executive and Legislature.
Ø To wrap up, it
is so because it is an authentic body to interpret the constitution, and it
protects the fundamental rights of the people.
Structure of Judiciary in Nepal
According to Article 127 of the present constitution, there are three tiers of Judiciary ( Types of Court) in Nepal:
1. Supreme Court:
👉 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 decision of this court is final and should be followed by all. The only Supreme court of Nepal is located in Kathmandu and consisted of a Chief Justice and 20 maximum other Judges.
Supreme
Court is called the ‘Court of Record.’ why?
•
Supreme
Court is called the ‘Court of Record’ because of following reasons:
👉 Its verdicts
(decisions) and cases are recorded for perpetual (forever) memory and
testimony(proof).
👉 It can punish
anyone obstructing it or its subordinate courts’ act of judicial execution.
👉The decision
given by the Supreme Court is not only binding to the parties of the case but
for all the institutions and the lower courts.
👉It becomes the
law in the later cases of similar facts called precedent.
o
Must
be a Nepali citizen.
o
Should
have a Bachelor’s degree in law.
o
Must
have worked as a Judge of Supreme Court for at least for 3 years is eligible to
be appointed as Chief Justice.
o
Should
have worked as a chief Judge or Judge of the High Court for 7 years or must
have practised law at least for 15 years in the judicial and legal field or must
have worked as first class gazetted officer or above at the judicial service at least for 15 years
is eligible for the appointment as a judge of Supreme Court.
Ø The president
appoints the Chief Justice on the recommendation of the Constitutional
Council(CC) and the Judges on the recommendation of the Judicial Council (JC)
Ø The tenure is
for 6 years and get retired at the age of 65 years.
Functions
of Supreme Court
👉 It carries out
the original hearing and tests judgment referred for confirmation.
👉 It hears appeal
and provides verdict on both civil and criminal cases using the existing
law of the country.
👉 It holds a
complete power to interpret the constitution and law, and its verdicts become
the final decision.
👉 It provides appropriate
remedies for the enforcement of fundamental rights.
👉It also inspects, supervises and provides guidelines to courts and other judicial execution.
2. High Court
👉The High Courts stand as the second tier judicial body. Each High Courts has provision of a Chief Judge and other Judges in the number as provided by the Federal law.
👉 Each state shall have one High Court as per to the present constitution.
Appointment and Retirement: The Chief Justice of the Supreme Court appoints the Chief Judge and other Judges of High Court on the recommendation of Judicial Council. The retirement age for them is 63 years.
Criteria and Qualifications: (Chief Judge and other Judges)
§ Must be a Nepali
citizen.
§ Must have passed
Bachelor’s Degree in law and must have worked as a District Judge for at least
for five years, or as a law graduate senior advocate or advocate for at least for
10 years, or worked in any post of gazzetted first class officer of the
Judicial service for a period of at least 5 years shall be appointed as the
Chief Judge or other Judges.
3.District
Court
Ø The District
Courts are the lowest tier courts. All
the local level judicial institutions are established according to the
provincial law.
Ø District Courts
are established in all 77 districts.
Ø Appointment
& Retirement: There is provision of a Chief Judge and one or more
Judges on the basis of cases in each District Court who are appointed by Chief
Justice of Supreme Court on the recommendation of Judicial Council. They retire
at the age of 63 years.
Ø The District
Court may inspect, supervise and issue necessary instructions to its
subordinate judicial institutions.
Criteria and
Qualifications (Chief Judge and other Judges)
Ø Must be a Nepali
citizen.
Ø 20% of the
vacant posts, on the basis of evaluation of the seniority of qualification and competency, from amongst
officers.
Ø Must have obtained
Bachelor’s Degree in law and served at least three years in the post Gazetted
Second Class of the Judicial Service.
Ø 40% of the
vacant posts, on the basis of open competition examination from amongst the
officers who have obtained Bachelor’s Degree in law and served for at least for
3 years in the post Gazetted Second Class of the Judicial Service.
Ø The remaining
40% of the vacant posts , on the basis of open competition examination from
amongst the citizens of Nepal who have at practised in law fields for at least
for 8 years with Bachelor’s Degree in law .
Power and Functions of Judiciary:
a. Advisory Function:
👉It gives advice to other organs and constitutional organs when required. It basically provides suggestions on the national issues. It also finds remedies for complicated legal matters.
b. Judicial Functions:
👉It punishes the culprit and give proper verdict in support of innocent on the basis of the existing law. It decides punishment for criminals and provides proper decisions regarding national issues.
c. Interpretation of Law and the constitution:
👉It explains the law made by Legislature and implemented by the Executive. It supervises the law and clarifies the meaning of the laws and their provisions.
d. Protector of People's rights and Freedom:
👉It guarantees/ protects people's rights, freedom and privileges. If the rights mentioned in the constitution are violated then the court restores their rights and punishes to those who violate laws.
Check
and Balance Among the Organs of Government
•
The
organs of the state; Legislature, Executive and Judiciary are independent and
interrelated. They work accordance with the principle of check and balance.
Ø Legislature
makes law, Executive implements it and Judiciary interprets the law and
protects the fundamental rights of the common people.
Ø Legislature
forms the executive, can dissolve it, warns and raises questions against its
bad deeds, and passes the annual budget. The Executive also checks and
legislature by summoning (calling) the proroguing the session and declaring the
ordinances.
Ø Legislature
checks the Judiciary by approving the appointment of the judges or removing
them for their poor role and responsibility. Just similarly, the Judiciary also
may ask for clarification to the legislature for formulating contradictory
laws.
Ø The Executive
can pardon the punishment declared by the Judiciary. The Judiciary also
warrants stay order in the name of the executive for the decision that is
against law.
1. Prime Minister - Chairperson
2. The Chief Justice - Member
3. The Speaker of the House of Representatives - Member
4. The Chairperson of National Assembly -Member
5. Leader of opposition Party in the HoR - Member
6. Deputy Speaker of the House of Representative- Member
Judicial Council
1. The Chief Justice - Chairperson
2. The Federal Minister of Law and Justice - Member
3. The Senior-most Judge of the Supreme Court - Member
4. One Jurist nominated by the President on recommendation of the Prime Minister - Member
5. A senior advocate or advocate who has gained at least twenty years of experience, to be appointed by the President on recommendation of the Nepal Bar Association. - Member
o Constitutional organs are the bodies established for helping in various works of the government and whose power, function and formation are mentioned in the constitution itself.
o They are created as extra organs since legislature, executive and judiciary are not sufficient to manage, control and operate all the state affairs smoothly and effectively.
o The constitution of Nepal has made provision of different constitutional organs in Part 21,22,23,24,25 & 26.
Part:21
1. Commission for the Investigation of Abuse of Authority (CIAA)
— It is one of the constitutional organs which monitors, checks and investigates corruption done by any person involved in civil service.
— Major functions:
Ø It investigates on the reported cases of abuse of authority and files case in the Special Court.
Ø It prevents abuse of authority and punishes wrong doers.
Ø It makes legal and departmental action against corrupted person.
Ø It submits an annual report to the president.
2. Auditor General (AuG)
Major Functions:
Ø It audits all the account of the government offices and the institutions where the government holds more than 50% share.
Ø It recommends the government for the appointment of auditors for public offices.
Ø It can investigate documents related to accounts of public offices.
Ø It submits its annual report to the President and the report is represented in the legislature parliament.
3. Public Service Commission (PSC)
— Major Functions:
Ø It conducts written and oral examination for recruitment in public offices
Ø It declares results and selects competent candidates for the post in civil service.
Ø It recommends the government the best candidates.
Ø It prepares and submits annual report to the government.
4. Election Commission (EC)
— Major Functions:
Ø It conducts, supervises, directs and controls the election of federal parliament, Provincial Assembly and Local body.
Ø It sets bases for free and impartial election.
Ø It updates and publishes voters’ list.
Ø It registers political parties and candidates.
Ø It makes people aware about the various aspects of election.
Ø It holds referendum on a matter of national importance.
5. National Human Right Commission (NHRC)
— Major Functions:
Ø It protects, promotes and respects human rights.
Ø It collaborates with the civil society to spread awareness on human rights.
Ø It inquires and investigates violation of human rights.
Ø It recommends the concerned authority for departmental action for not fulfilling or violating human rights.
Part:26
5. National Natural Resources & Fiscal Commission (NNRFC)
— Major functions:
Ø It makes recommendation for grants to be provided to the Provinces and Local governments.
Ø It conducts research and prepares parameters to provide funds to the Provinces and Local governments.
Ø It recommends the ways to improve revenue collection.
Ø It recommends solution to the possible disputes created among or between federal state and province, province and province and province and local bodies and local bodies and local bodies regarding distribution of natural resources.
|
Constitutional Organs |
Composition |
|
1.Commission
for
Investigation of Abuse & Authority |
1
Chief Commissioner and 4 other Commissioners. |
|
2.
Auditor General |
1
Auditor General |
|
3. Public Service Commission |
1
Chairperson and
Other Members as required. |
|
4.
Election Commission |
1
Chief Election
Commissioner and 4 other Commissioners. |
|
5.
National Human
Rights Commission. |
1
Chairperson and
4 Other Members. |
Qualifications and Criteria
§ All the chief and members of the constitutional organs must have fulfilled following qualifications to be eligible for the posts:
Ø Must be the Nepali citizen.
Ø Must have attained the age of 45.
Ø Must not have been disqualified by law for any criminal or offensive activities.
Ø Must not be the member of any political party during the appointment.
Ø Must possess a high moral character.
Ø Must have attained required academic qualification, experience and appropriate criteria in the related field as stated in the constitution.
Ø The chief and other members of the constitutional organs are appointed by the President on the recommendation of the Constitutional Council.
Ø The chief and other members of the constitutional organs remain in post for 6 years.
Ø All the chiefs/ Heads and other members of the constitutional organs retire after 65 years of age.
Ø All the constitutional organs prepare an annual report of their works and submit it to the President.
5.5 Other Constitutional Commissions in Nepal
• The
Part 27 of the Constitution of Nepal deals with another constitutional organ
referred as ‘Other Commission’. It includes 7 different commissions.
1.
National Women Commission: Article -252
•
Major functions, duties & power :
Ø It formulates policies and programmes concerning
the rights and interests of the women.
Ø It submits
reports to the Government of Nepal for implementation.
Ø It implements
and suggests to the Government of Nepal for the application of the law consigning to women.
Ø It carries out
research work related to gender equality, empowerment of women and make
recommendation to the concern bodies.
2.National
Dalit Commission. Article-255
•
Major functions, duties & power :
Ø It promotes
Dalit’s status by forming national policies and programmes.
Ø It carries out
research regarding Dalit community to find out its legal reforms.
Ø It monitors if
laws concerning the interests of the Dalit are active or not.
Ø It recommends
the concerned authority to file petitions in court against caste discrimination
or social malpractices.
3.
National Inclusion Commission. Article-258
•
Major functions, duties & power :
Ø It protects the right of marginalized minority and
underprivileged community in the country.
Ø It studies and
researches the issues of marginalized minority and underprivileged in the country.
Ø It assists the
government for designing right programmes and policies.
Ø It takes
government to right and targeted community for their betterment.
4.
Indigenous Nationalities( Aadibasi Janajati) Commission. Article-261
•
Major functions, duties & power :
Ø It carries out
the works related to the welfare of Aadibasi and Janajati (Indigenous groups).
Ø It empowers and
assures their promotion.
Ø It suggests
government to formulate and implement law, policies and programmes to uplift
the living standard of ethnic indigenous people.
5.
Madheshi Commission. Article-262
Ø It promotes the
status of the Madheshi communities by empowering them.
Ø It helps the
government by giving suggestions in issues of Madheshi people.
6.Tharu
Commission. Article-263
•
Major functions, duties & power :
Ø It empowers the
Tharu communities through assurance of rights, fulfillment of needs and
protects their diversifies cultural aspects.
Ø It makes
necessary policies to uplift the living standard of Tharu people..
7.
Muslim Commission. Article-264
•
Major functions, duties & power :
Ø It
works for the benefits of Muslim people their rights and
empowerment.
Ø It formulates
and implements effective plans and programmes for uplifting status of Muslim people.
Composition,
Qualification, Appointment, Tenure & Retirement
•
Composition-
1 Chairperson and 4 other members.
•
Qualification-
As declared by the federal law.
• Appointment-
By the President on the recommendation of the Constitutional Council.
•
Tenure-
For 6 years.
•
Retirement-
Retire at the age of 65 years.
5.6
Political Parties & their Roles
Political Parties: An Introduction
•
A
political party is an organized group of people who share same ideas (political
ideology, objectives and programmes of action) about the way the country should
be governed.
•
It
governs the country as per its law and
election manifesto.
•
Since
the fate of a nation relies upon the works of political parties, we also call
them ‘second government’.
•
The
constitution of Nepal -2072 has
mentioned the provisions related to the political parties under Part-29.
Procedures
of Party Registration in Nepal
• Provisions regarding the registration of political
party in the Election Commission are:
Ø An application
together with the constitution and election manifesto of the party.
Ø The name of the
party mentioning its central office.
Ø Annual audit
report and signature of ten thousand voters.
Ø The names and
address of the executive committee.
Ø The income
source of the party.
Role
and Importance of Political Party in Democracy
•
Political
parties are considered as the carrier of democratic system. Therefore, they
need to be very sensitive to maintain permanent peace and order to
institutionalize Loktantra in the nation. They are important in democracy
because of their following significant roles:
Ø Form the
government and rule the nation as per people’s will.
Ø Act as a
responsible party if not in government.
Ø Act as a bridge
or mouthpiece between government and people.
Ø Protect the
sovereignty and integrity of the nation
Ø Function as the
‘second government’.
Ø Promotion of
human rights and social justice.
Ø Bring out
sustainable peace and development in the nation.
Ø Facilitation of
development work and creation of awareness against social orthodoxies.
Political
Parties in Nepal
Election held in 2074 BS gave mandate to 5 political parties as national parties:
Note: CPN(UML) and CPN(Maoist Centre) merged as Nepal Communist Party
Some
points to be remembered…
• Democratic System: The best system of government
where people are the source of power of the state.
•
Nepal
was declared the democratic republic on 15th Jestha 2065BS.
• Election Manifesto: It refers to the paper or
booklet of any political party about their policies, vision and idea on the
basis of which the nation is to be governed after winning an election.
•
Nepal Praja Parishad: The first political party established in
Nepal in 1993 BS.
•
Multiparty system: Multiparty refers to the system
of government where there are two or more political parties which compete in
elections and rule over the state according to people’s mandate.
Silent
Features of Multiparty system
•
Provision
for ruling and opposition party.
•
Greater
political conscious among people.
•
More
democratic.
•
Essentiality
of election.
•
Wide
public participation.
•
Rule
of the party in the majority.
•
Freedom
of party politics.
“Democracy
is the rule of the people by the people and for the people.” Justify.
• By
the statement of 16th president of the USA, Abraham Lincoln, we can
understand that political parties in democracy are based upon the people of the
nation.
•
To
experience good government or democratic government by people, all political
parties should be more democratic, transparent and responsible towards their
people.
• They
should understand and implement that the first and foremost thing is the
nation, then people then after only political parties
•
All
the political parties should make proper programmes and policies to maintain
peace and order establish human rights and for better development of the
country.
1.7 Election
Process
Election: An
Introduction
Election is a
democratic process of choosing people’s representatives by casting votes. It
elects candidates for local levels and national bodies.
Types of
Election
1. General
Election:
It is a type of
election in which people cast vote to elect their representatives for National
bodies such as Legislature or
parliament.
2. By-election:
It is a type of
re-election which is conducted if the winner candidate dies, gets disqualified,
resigns or some other reasons (Two seats win/ for fulfilling vacant posts
3.
Constituent Assembly Election:
• The
election which is conducted for choosing the representatives to draft a new
constitution for the country is called Constituent Assembly Election.
•
Nepal
conducted election of Constituent Assembly twice on 28th Chaitra,
2064 and 4th Mansir, 2070.
•
Since
it is taken rarely, it has been called ‘Ek Jug Ma Ek Palta’ (once in an era).
4.
Referendum:
• It
is a way of collecting people’s opinion through voting system in cases of
national issues in which people choose one option of their choice.
•
It
was held just once in Nepalese history i.e. on 20th Baisakh, 2037
BS.
5. Local
Election:
•
The
election conducted for choosing the representatives for local authorities such
as rural municipality or municipality, sub-metropolitan and metropolitan city.
•
It
is held all over the country in periodic basis.
6. Mid-term
Election:
•
The
election held when the legislature dissolves before completing tenure is mid
term election. It was done in 2051 BS when GP Koirala led government collapsed
after 3 ½ years.
Importance
of Election
Ø To run the
country through the people’s representatives.
Ø To make the
government more responsible towards people.
Ø To ensure
people’s participation in political decision-making process.
Ø To legitimize
the government’s power.
Ø To strengthen
the democratic system.
Ø To handover the
power in peaceful manner.
Ø To address the
expectation of the people.
Responsible Bodies/ Authorities to Conduct Election
1.
Election Commission:
Ø The highest
authority to conduct all types of election in Nepal.
Ø It consists of
one chief commissioner and 4 other commissioners appointed by the President.
Ø It works
from centre.
Ø It carries out
all works required for election like registering the political parties and their
candidacy; preparing electoral roll, ballot paper and ballot box; dividing a
country into different election constituencies; fixing number of booths and
sub-booths etc.
Ø It appoints
election officers and mobilizes them.
2. Election Officers:
Ø A sub-ordinate
authority of Election Commission.
Ø Election
Commission appoints the required number of Election officers for the time of
election.
Ø One election
officer is appointed in each constituency.
Ø S/he manages and conducts election at election
constituency and its booths.
Ø S/he appoints
polling officers in every booth.
Ø Their tenure
ends after the result of election.
3.
Poling Officers
• The
election officer appoints the polling officers among civil servants for
temporary time to conduct the election at the polling centre.
•
They
organize and make necessary arrangement in booths and sub-booths.
•
They
conduct election on booths and sub-booths in the scheduled time.
•
They
stop or postpone election if required or if found unfair.
•
They
investigate on the complaints made by public regarding election.
Required
Preparation…
1.
Electoral Roll: It is an official list of the
voters eligible for casting votes. It is also known as voter’s list. It
includes description about the voters like name, photo, address, age, father’s
or husband’s name etc. it is updated every year by the election commission and
all the Nepali citizens who have completed the age of 18 years are enrolled in
it.
2. Voter’s Identity Card: It is an
identity card of an individual which introduces that the bearer is a qualified
voter in the election of the country
concerned. It contains the personal details of voters like identity number,
name, address etc.
Model of Voter's Identity Card
3.
Ballot Box & Ballot Papers:
•
A Ballot Box refers to the sealed cubical box
that is used for dropping votes or ballot papers.
•
The
paper containing the election symbols or names of the candidates in printed
form is called a ballot paper. Voters are required to stamp with Swastik sign
on the ballot paper to cast vote.
4. Constituencies
and Polling Centers:
•
Nepal
has been divided into 165 constituencies for the election of Federal Parliament
and 330 constituencies for the election of the State Assembly.
•
An
electoral constituency is divided into further smaller units being based on the
number of voters and a specific place is fixed as the centre where all the
voters of that area are required to go for casting vote, known as Polling
centers, Booths or Polling stations.
5.
Security Personnel:
•
It
is said that ballot is stronger than
bullet. Therefore, the responsibility of the state is to respect and protect
it. All the security forces are mobilized during election and even some
additional temporary security personals (Myadi Prahari) are also added for the
election period.
6. Candidates
and Candidacy:
•
According
to the constitution of Nepal, a
candidate is required to have met the following criteria to register his/her
candidacy in the election of Federal Parliament:
Ø Must be a Nepali
citizen.
Ø Must have
crossed the age of 25 for the House of Representatives and 35 for the National
Assembly.
Ø Should not have
been punished or disqualified by law for any criminal offence.
Ø Should not hold
any public post paid from State treasure.
Ø Should possess a
high moral character.
For registering
a candidacy in some other positions, the age bar is required below:
•
President/
Vice-President- 45 years
•
Provincial
Assembly- 25 years
•
Chairs,
Vice-chairs and members of Village
executive- 21 years
•
Head,
Deputy Heads and members of Municipal executive-21 years
•
Rural
Municipality or Municipal Assembly-21 years.
7.Election Code
of Conduct
•
It
is a set of rules prepared and proclaimed by Election Commission to be
effective for the election so as to make the election free and fair.
• It
is to be followed by all the political parties and candidates contesting the
election, voters, cadres of political parties, security persons, media,
government officers and officials etc.
Four Causes and
Four measures why Votes in Most Election of Nepal Become Invalid.
Causes:
Ø People are
uneducated and they lack election knowledge..
Ø Parties were
many and voters get confused.
Ø Casting vote on
more than one symbol.
Ø Using signature
instead of stamp.
Ø Using the stamp
in between the line of two symbols.
Measures:
Ø Voters education
should be effective.
Ø Technology
should be used to cast votes.
Ø Launch the
election campaign fairly.
Ø Awareness to the
voters about the voting process.
Ø Size of ballot papers should be increased.
Ø ‘Mock
election’ is to be conducted train the
voters in casting votes.
What procedures
should a voter fulfill before voting? As a polling officer, write your
suggestions to the voters.
•
If
I were a polling officer, I would provide following suggestions to the voters:
Ø All the voters
must bring their voters’ identity cards.
Ø Voters should
stand in their respected queues until their turn arrive.
Ø Voters ought to
stamp on the box that includes their desired party’s election sign.
Ø Voters must fold
the ballot paper so as not to smear the ink in other places.
Advantages and
Disadvantages of First-Past-the-Post Electoral Method (FPPE)
•
Advantages:
Ø It is simple and
understood by all.
Ø Candidates have
a direct contact with voters.
Ø It promotes win
takes the all.
Ø Candidates are
more accountable to their voters.
•
Disadvantages:
Ø This method
establishes the notion that might is right.
Ø It avoids
inclusiveness.
Ø Minorities may
rule the majorities. It promotes multiparty system.
Ø A huge
misconduct may happen to win the election.
Advantages and
Disadvantages of Proportionate Electoral(PE) Method
•
Advantages:
Ø It promotes
inclusiveness of all the diverse ethnic groups and communities.
Ø All the votes of
the voters are fully used.
Ø It promotes
multiparty democracy. Even small parties can have their representatives in the
parliament.
Ø It is a reliable
method of election where there are diverse ethnic groups and minorities.
•
Disadvantages:
Ø This is
comparatively a complicated method for ordinary
people.
Ø It creates
political instability in the nation as no party gets majority.
Ø It increases
representatives less accountable to their voters rather they are more
accountable to their parties.
Ø It violates the
voters’ right to choose candidates by themselves. This system makes representatives rubber stamp.
Political parties can enslave them.
•
NOTA
is a sort of voting system popularly known as ‘None of the Above’. So far,
Nepal doesn’t have such a voting system. This is done when the voter doesn’t
find the candidates suitable. It doesn’t stand for right to reject vote but it
gives voters right to reject the candidates fielded by the political parties.
If it is implemented in Nepal, people get the following advantages:
Ø People can deny
choosing the candidates fielded by the political parties . Thus, another
election may take place.
Ø Political
parties are forced to field a suitable candidate.
Ø The hegemony of
mainstream political leaders can be
abolished.
Ø Instead of the
high command of political parties, the people in their area shall select their
candidates themselves.
Comparison among
Periodic Election, Referendum and Constituent Assembly
|
Periodic
Election |
Referendum
|
Constituent Assembly |
|
1. It is periodic and mandatory. 2. The voters choose the persons to govern them. |
1. It is not periodic. It can be mandatory and
optional. 2. It is a ballot question in which the voters are given the choice
of accepting or rejecting a certain proposal. |
1. It is not periodic. 2. The voters choose representatives to draft certain
concerned issues. |
Bases of Free,
Fair and Effective Election:
•
Those
people, who are eligible to vote, should be informed to include their names in
the electoral roll.
•
Voters
should be informed about election system , candidates and voting process.
•
Fundamental
rights and freedom of the voters should be respected in the election.
•
The
role of government should be neutral
during election.
•
The
media should be allowed to freely publicize and report the events related to
the election.
•
The
election should be held fairly and freely away from any sort of violence, force
and temptation.
•
Voter’s
identity card must be used.
•
The
electoral roll must be free of any sort of errors.
•
An
electronic voting system should be started.
5.8
Roles of Citizens in Election
Pre-Election Roles(Roles of Citizens before
Election):
Ø Citizens should
enlist their name in the voters’ list.
Ø They should
check the voters’ list to ensure their name, address, age etc. if any error is
found, they should immediately report to
the concerned authority to make it errorless.
Ø They should make
people aware around them about the importance of election.
Ø They should not
be tempted with various temptation offered rather choose the right candidates.
Ø They should help
the political parties and candidates to conduct the election campaign in their
locality and listen to them about their plans and programmes.
Ø They should
learn as well as train others about the proper techniques of stamping on the
ballot papers and folding it so that votes don’t become invalid.
Ø They should inform the concerned authority about the people who have been dead but their names are in voters’ list.
While-Election Roles(Roles of Citizens during Election):
•
Citizens
should go to polling centre at right time with their voter identity card and
cast their vote appropriately and encourage others to do so as well.
•
They
should remain disciplined and appeal others too for maintaining discipline in
casting vote. They should stay in queue and wait for the turn.
•
They
should play voluntary roles by helping the disable, senior citizens and other
needy people in casting votes.
•
They
should inform the concerned authority in case of any irregularities noticed.
•
They
should check the ballot papers after receiving it to find out whether it is
signed by the authority or not so that the votes cast by them do not become
invalid.
•
After
casting votes, they should go out of the polling booth.
Post-Election
Roles(Roles of Citizens after Election):
•
Citizens
should stay calm and appeal others also to remain calm and wait for the result.
•
They
should congratulate the winner and encourage him/ her to work for the public
welfare honestly and to sympathize the candidate who could not win.
•
They
should help the officials who conducted election to settle the things after the
election process is over.
•
They
should run the cleaning campaign in and around the polling center by collecting
garbage, removing posters, pamphlets, banners etc.
•
They
should forget enmity created during or
before election.
What
do you mean by ‘Claim & Protest’?
•
‘Claim’
refers to the act of requesting to include or exclude the names of people if
they are migrated, married or dead. It also means asking to correct the errors
in names, spellings, age, address etc.
•
‘Protest’ refers to the activity of requests to
remove the faulty, fraud and fake names. Some people might do fraud by
registering their names from two different places.
•
Adult Franchise:
Adult
Franchise means all adult citizens of the country should have the
right to vote without any discrimination of class, caste, class, religion, or
gender. It is based on the basic principle of democracy, which we call equality.
Importance
of Students’ role in the Election/ Role of Students in Election:
Ø Encouraging
voters to cast their votes for the right candidates.
Ø Teaching people
about proper stamping on a ballot paper.
Ø Carrying senior
citizens and physically challenged people to the polling booth.
Ø Providing
correct information to the polling officer and security officials.
Ø Reminding people
to collect voter identity cards and carry it to the polling booth.
§ Human rights are the innate privileges required for the over all growth of a personality.
§ Eleanor Roosevelt, the wife of the former American president Frank Delano Roosevelt was the first person to the initiation to formally introduce the concept of human rights in the UN agenda.
§ After 2nd World War, due to her tireless effort, the UNO established an agency called UNHRC( United Nations Human Rights Commission) and Mrs. Roosevelt got an opportunity to chair it as head.
§ The UN General Assembly finally issued the first Universal Declaration of Human Rights(UDHR) on 10th December 1948 in Paris.
§ Now, we observe 10th December as International Human Rights Day every year.
Fundamental Rights = Rights given for being a citizen or residents, granted by the constitution.
Human
Rights:
•
1.
They are bestowed upon an individual by his/her birth.
•
2.They
are directly related to humanitarian values and sentiments of a human life.
•
3.
They are universal.
•
4.
They fall under universal law and can be defined as inalienable fundamental
rights.
Fundamental
Rights:
1.
They
are granted to the citizens by the constitution of a country.
2.
They
are related to overall aspects of a human life.
3.
They
are specific and differ from country to country.
4.
They
fall under national law and can be defined as partial human rights.
Similarities:
§ Both of them are
prerequisite and necessities for growth and development of a human being.
§ An individual
can enjoy both of them as a citizen of a country and as a dignified human of
the world.
30
Articles Included on the Universal Declaration of Human Rights:
•
30 Articles declared by the UNO on the
Universal Declaration Human Rights which are shortly listed here:
1.
All
human beings are born free and equal in dignity and rights.
2.
No
one can be discriminated on the basis of colour, caste, gender, language,
religion, politics, thoughts, nationality, property, social background, birth
or any other basis.
3.
Everyone
has right to life, liberty and security.
4.
No
one shall be held in slavery and servitude(slave).
5.
No
one shall be subjected to torture, inhuman and cruel treatment and punishment in any pretext and crime.
6.
Everyone
has right to recognition or identity as a human being.
7.
Every
one is equal before the eyes of law.
8. Every
one has right to effective ‘Constitutional remedy’ against the violation of human
rights.
9. No
one shall be subjected to torture, inhuman and cruel treatment in any pretext
and crime.
10. Everyone has right to trail through an
independent and impartial tribunal.
11. All humans are always innocent till proven
guilty.
12. Everyone
has right to privacy.
13. Everyone has freedom to movement within the
border of the country.
14. Everyone has right to refugee in other
country.
15. Everyone has right to nationality.
16. Men and women of the age have right to
marriage and have a family irrespective of their caste, social background or
any other base.
17. Everyone has right to property.
18. Everyone has freedom to thought and religion.
19. Everyone has freedom to opinion, conscience an
expression.
20. Everyone has right to peaceful assembly and
association.
21. Everyone has right to access or take part in
government, civil service etc based on the democratic method or an election.
22. Everyone has right to social security.
23. Everyone
has right to labour, equal remuneration for equal work, free choice of
employment and form trade union.
24. Everyone has right to rest, leisure and
periodic holiday after work.
25. Everyone has right to standard of living
maintaining adequacy for health and well being of himself/ herself for his/her
family.
26. Everyone has right to basic education.
27. Everyone has right to culture, language,
tradition, script, and their promotion and preservation.
28. Everyone has right to social and international
order of following all the rights so that to create free and fair world.
29. Everyone had duties towards community so that
to develop his personality in full phase.
30. Everyone
has right to enjoy all these rights which neither be seized no encroached by
anyone.
Role
of Organizations for the Protection and
promotion of Human Rights
Women Rights are the rights and privileges (claims) claimed for women and girls for their empowerment.
Women
Empowerment:
Women
empowerment refers to the creation of an environment for women where they can
make decisions of their own for their personal benefits as well as for the society.
It equips women with education, skills and knowledge of various affairs of
society.
Constitutional
Provision on Women Rights
•
The
constitution of Nepal -2072 has following provisions regarding Women Rights:
Part-3 (Article:43) Right to Women:
Ø Women will have
right to equal lineage, safe motherhood, and reproductive health.
Ø They will have
right to participate in all bodies of the State and obtain special opportunity
in education, health, employment and social security.
Ø Spouses even
have the equal right on property and family affairs.
Part-3
(Article:43) Right to Social Security
Ø (The helpless
single women shall have the right to social security.)
Ø Part-27(Article:252)
National Women Commission:
Ø There shall be a
National Women Commission in Nepal which will contain a president and four
members and it will enjoy a lot of power and perform a variety of functions for
the sake of women.
Provisions
have been made in Nepal for the empowerment of the women and establishment of
their rights as per the constitution,
laws directives and special programmes framed till now are:
• Establishing
equality and equal justice in the society through the proportionate
representation of women based on the principles of inclusiveness.
• End
all the form of discrimination against women.
• Provision
of citizenship from the name of mother.
• Assurance
of political priority on fundamental rights, human rights and gender equality.
• Provision
of equal parental rights regarding property or family affairs.
• Provision
of equal payment/ remuneration.
• Right
to social justice for economically backward, disabled and widows.
• Special
opportunity for education, health, employment and social security based on
positive discrimination.
• Establishment
of National Women Commission as a constitutional organ to empower women.
• No
violence of any sort on the pretext of religion, culture and social orthodoxy.
Indigenous
Nationalities (Constitutional Provision)- An Introduction
• The
term ‘indigenous nationalities’ refers to ‘Aadibasi –Janajati’ in Nepal. Article
261 has provision of Indigenous Nationalities Commission.The
rights granted by the Government of Nepal to the indigenous people to uplift
their status are:
Ø Right to free and
compulsory basic education.
Ø Right to basic
education in mother tongue.
Ø Right to get
education in child friendly environment.
Ø Receive special
facility for higher education.
Ø Right to
preserve and promote the language, script, history and civilization.
Ø Right to
employment, accommodation and other special facilities granted by the state.
Ø Establishment of
the constitution commission for the empowerment of indigenous people.
Citizen:
A
citizen is a person who is a member f a particular country.
Citizenship:
Citizenship
refers to the state of being a citizen of a particular country through custom
or law. It is the valid card/ certificate provided by the state for its
citizens as their identity.
•
The
constitution of Nepal has guaranteed the right to obtain citizenship to all
citizens of Nepal.
We
need Citizenship for various purposes:
•
To
apply for a job.
•
To
make driving license.
•
To
make a passport.
•
To
justify our identity.
•
To
buy and sell land, houses and other property.
•
To
prove ourselves as citizen of a country and so on.
Citizenship | Nationality |
1.It is a legal status of
an individual. 2.It is applicable to the government. 3.It is obtained through political framework and thus may not be
natural. 4.It can be changed. 5.It is a narrow concept. | 1.It is a feeling of an individual. 2.It is applicable to the country born.. 3.It is obtained through inheritance, and thus it is a
natural phenomenon. 4.It is permanent or non-changeable. 5.It is a broad concept. |
Constitutional Provisions Regarding Citizenship in Nepal
• The Part 2 (Article:10) of the Constitution of Nepal has mentioned the provision of single federal citizenship with state identity in it. As per the constitution, the citizenship can be issued on the four bases:
1.
Citizenship by Decent/ Natural Citizenship:
This type of citizenship can be
obtained on the basis of blood relationship under following conditions:
§ A person whose
mother or father was a citizen of Nepal at his birth or her birth.
§ A child whose
father and mother both are the citizens of Nepal by birth prior to the
commencement (starting point) of the constitution.
§ A child who is
found within territory of Nepal and whose father and mother are unknown until
the father and mother is traced, be the citizen of Nepal by descent.
§ A person born
from a woman who is a citizen of Nepal but the father’s identity is unknown.
§ The person who
has his or her domicile (resident) in Nepal at the time of prior to the
commencement of this constitution.
2.
Naturalized Citizenship/ Citizenship:
This type of citizenship can be obtained
through the relation of land which contain following conditions:
§ A foreign woman
married to a Nepali citizen.
§ A person born
from a woman who is a citizen of Nepal and married to a foreign citizen but has
permanently resided in Nepal and not acquired the citizenship of a foreign
country.
§ The government
of Nepal may grant as per the Federal law.
3.
Honourary Citizenship
•
The
government of Nepal may grant the honourary citizenship to any foreigner who is
internationally renowned and contributes Nepal significantly to uphold the name
and fame of the country as per the Federal law.
4.
Non-residential Citizenship
A person who has
acquired the citizenship of a foreigner country and resided in other than the SAARC
countries and who or whose father or mother, grandfather or grandfather was
previously a citizen of Nepal by decent or birth but subsequently had acquired
the citizenship of the foreign country can apply for such citizenship. Such
citizens may enjoy only the economic, social and cultural rights but not the
political rights.
In progress...
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