Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: There are One hundred and Sixty-Five electoral constituencies for the first past the post-FPTP and 110 seats in proportional representation by taking whole country as a single constituency.
Source: Article Constitution of Nepal, 2015 Article 84 (a and b): http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/06/01
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population e . Geographic size of district
Comments: Population as the main basis and geography as the second basis for representation and there shall be at least one election constituency in each district within the state (province). While delimitating electoral constituencies, the population and geographical convenience, the density of population, geographical specificity, administrative and transportation convenience, community and cultural aspects of the constituencies must be taken into consideration.
Source: Article Constitution of Nepal, 2015 Article 286 (5 and 6) : http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/03
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission
Comments: The Election Constituency Delimitation Commission.
Source: The Constitution of Nepal, 2015 Article 286 (1) http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/03
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
d . Indirectly elected by legislature
Comments: The President shall be elected by an electoral college composed of the members of the Federal Parliament and of the State Assemblies. The voting weightage of the members of the Federal Parliament and of the State Assemblies shall vary as provided in the Federal law. The weightage of Federal Parliament and of the state Assembly Member is 79 and 48 respectively.
Source: The Constitution of Nepal, 2015 Article 62 (1) and Act relating to President and Vice-President Election, 2017 Section 54 Annex www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf and http://rajpatra.dop.gov.np/welcome/book/?ref=23135 http://www.lawcommission.gov.np/page/12/?workflow_state=prevailing-laws-statutes-acts
Verified: 2018/04/03
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: The President shall appoint the leader of a parliamentary party that commands majority in the House of Representatives as the Prime Minister, and the Council of Ministers shall be constituted under his or her chairpersonship. In cases where no party has a clear majority in the House of Representatives the President shall appoint as the Prime Minister a member of the House of Representatives who can command majority with the support of two or more parties representing to the House of Representatives.
Source: Article The Constitution of Nepal, 2015, Article 76 (1 and 2) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/03
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: There shall be a President of Nepal. The President shall be the head of state of Nepal. He or she shall perform his or her functions in accordance with the Constitution and the Federal law.
Source: Article The Constitution of Nepal, 2015 Article 76 (1 and 2) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/03
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: There shall be a Federal Legislature consisting of two Houses to be known as the House of Representatives and the National Assembly, which shall be called as the Federal Parliament.
Source: Article The Constitution of Nepal, 2015 Article 83, www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/03
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP) e . Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Comments: The House of Representatives shall consist of a total of two hundred and seventy-five members, as follows:
(a) One hundred and sixty-five members to be elected through the first
past the post electoral system, with one being elected from each
election constituency of one hundred and sixty-five election
constituencies delimited in the country on the basis of geography
and population,
(b) One hundred and ten members to be elected through the proportional
electoral system where voters vote for political parties, with the
whole country being considered as a single election constituency.
Source: The Constitution of Nepal, 2015 Article 84 (1, A and B) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/03
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation d . Regulations or administrative rules e . Other
Comments: Constitution of Nepal 2015, Election Commission Act 2017, Voter Roll Act 2073 (2017), Law of the Elections of the House of Representatives 2017, Constituency Delimitation Act 2017, Election ( Offence and Punishment) Act 2017, State Assembly Member Electoral Act 2074 (2017), President and Vice-President Electoral Act 2074 (2017), National Assembly Member Electoral Ordinance 2074 (2018), Political Party Act 2073, Local Level Electoral Act 2073 (2017),
Election Commission Rule 2073 (2017), Regulations Relating to Political Party 2074 (2017), National Assembly Member Electoral Rule 2074 (2018), House of Representative Member Electoral Rule 2074 (2017), State Assembly Member Electoral Regulation 2074 (2017), Local Level Electoral Rule 2073 (2017)
Election Code of Conduct 2015.
Source: The Constitution of Nepal, 2015 www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
All the Acts and Regulations http://www.election.gov.np/election/np/election-related-laws-150.html
Verified: 2018/04/06
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments: The Election Commission shall, subject to this Constitution and the Federal law, conduct,
supervise, direct and control the election to the President, Vice-President, members of the Federal Parliament, members of State Assemblies and members of Local level. For these purposes, the Election Commission shall prepare electoral rolls.
Source: The Interim Constitution of Nepal, 2063 (2007): www.lawcommission.gov.np (2012); The Constitution of Nepal, 2015 Article 246 (1) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Each citizen of Nepal who has completed the age of 18 years shall have the right to vote in any one election constituency as provided for in the Federal law.
Each citizen of Nepal who resides within the territory of the State and who has completed the age of 18 years shall have a right to vote in an election constituency in accordance with law.
Every person who has completed the age of 18 years and whose name is included in the electoral rolls shall have a right to vote as provided in the Federal law.
Source: The Constitution of Nepal, 2015, Article 84 (5), 176 (5) and 222 (5) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary b . EMB
Comments: If, after nomination of candidacy for the President, Vice-President, member of the Federal Parliament, member of State Assemblies or member of Local level has been filed before the election results are declared, the Election Commission shall decide that question on qualification of candidates.
If a question arises as to whether any member of the Federal Parliament is disqualified or has become disqualified, the Constitutional Bench of the Supreme Court gives final verdict.
If a question arises as to whether any member of the State Assembly is disqualified or has ceased to possess any of the qualifications, the Constitutional Bench of the Supreme Court
shall make the final decision of such question.
In the case of electoral dispute during elections, the High court will be the hearing court for all elections including Federal Parliament and State Assembly Elections.
Source: Election Offence and Punishment Act 2017 Chapter 9 , Section 41 (2)Article : http://www.election.gov.np/election/np/election-related-laws-150.html; The Constitution of Nepal 2015 Article 246 (3), 90 and 181 Article www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level
Comments: The Election Commission shall conduct, supervise, direct and control the election to the President, Vice-President, members of the Federal Parliament, members of State Assemblies and members of Local level. For these purposes, the Election Commission shall prepare electoral rolls.
Source: The Constitution of Nepal, 2015 Article 246 (1) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department g . Other
Comments: d) The Ministry of Finance
g) For the purpose of completing the act of election, the Commission may, with the consent of the Government of Nepal, collect separate financial resources or receive assistance, in addition to the amount allocated under the regular budget
heading.
Source: Article The Constitution of Nepal, 2015 Article 247 www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
The Election Commission Act 2017 Section 27 and 29 Article http://www.election.gov.np/election/np/election-related-laws-150.html
Verified: 2018/04/06
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: g) While making expenditures chargeable on the amount under the budget heading of casual expenses allocated by the Government of Nepal for the Commission, the Commission shall not be required to obtain approval of the Ministry of Finance, Government of Nepal. Commission should audit its expenditure as per the prevailing law.
Source: Article The Election Commission Act 2017 Section 27, 28, 89, 30 Article http://www.election.gov.np/election/np/election-related-laws-150.html
Verified: 2018/04/06
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: For a term of 6 years.
Source: Article The Constitution of Nepal, 2015 Article 245 (3) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: There shall be an Election Commission of Nepal, consisting of a Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as the chairperson of the Election Commission.
Source: The Constitution of Nepal, 2015 Article 245 (1) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf Article
Verified: 2018/04/06
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: There shall be an Election Commission of Nepal, consisting of a Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as the chairperson of the Election Commission.
Source: The Constitution of Nepal, 2015 Article 245 (1) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf Article
Verified: 2018/04/06
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: A person shall be eligible to be appointed as the Chief Election Commissioner or an Election Commissioner if he or she possesses the following qualification:
(a) holding a Bachelor's degree from a recognized university,
(b) not being a member of any political party at the time of appointment,
(c) having attained the age of forty-five years, and
(d) being of high moral character.
Source: Article The Constitution of Nepal, 2015 Article 245 (6) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State
Comments: The President shall appoint the Chief Election Commissioner and Commissioners on the recommendation of the Constitutional Council. Constitutional council shall form under the article 284 of constitution.
Source: The Constitution of Nepal, 2015 Article 245 (2) www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body k . Other
Comments: Election commission can operate electoral education program in the subject of regular voter roll registration and update, Right and responsibility of voters and right to vote as per needed.
k) The Electoral Education and Information Center (EEIC), initiated in 2011, aims to enhance awareness and participation of voters in the electoral system, processes and procedures by making electoral education more interesting and accessible to voters.
Source: The Election Commission Act 2017, Article 33: http://www.election.gov.np/ecn/uploads/userfiles/electioncommisionact2073.pdf (2018); Official Website of the Electoral Education and Information Center: http://www.election.gov.np//eeic/overview-eeic.html (2018)
Verified: 2018/04/06
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments:
Source: The Election Commission Act 2073, Article 33: http://www.election.gov.np/ecn/uploads/userfiles/electioncommisionact2073. pdf; Official Website of the Electoral Education and Information Center: http://www.election.gov.np//eeic/overview-eeic.html (2018)
Verified: 2018/04/06
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body l . Other
Comments: l) Conducted by the Electoral Education and Information Center
Source: The Election Commission Act 2017, Section 33: http://www.election.gov.np/ecn/uploads/userfiles/electioncommisionact2073. ; Official Website of the Electoral Education and Information Center: http://www.election.gov.np//eeic/overview-eeic.html (2018)
Verified: 2018/04/06
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
Source: Constitution of Nepal, 2015) Article 84 (5): http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.Pdf
Verified: 2018/04/06
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: b) Permanent residence in the concerned Ward of any Village Development Committee or Municipality in any election constituency
Source: Article Voter role Act, 2017 Section 3 (b, d, e) and 6 : http://www.election.gov.np/ecn/uploads/userfiles/voterlistlaw.pdf (2018)
Verified: 2018/04/06
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: d) The Electoral Commission
Source: Voter role Act, 2017 Section 3 and 4: http://www.election.gov.np/ecn/uploads/userfiles/voterlistlaw.pdf (2018)Article
Verified: 2018/04/06
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: Only the registered voters whose name is in final voter list can cast their vote in election.
Source: Voter role Act, 2017 Section 23: http://www.election.gov.np/ecn/uploads/userfiles/voterlistlaw.pdf (2018)Article
Verified: 2018/04/06
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) f . Other
Comments: a) Signatures of at least five hundred (500) voters; f) Any political party wishing to register its name for the purpose of election shall be required to submit to the Election Commission an application in fulfillment of the procedures specified by the Election Commission by a notification in the Nepal Gazette within the time limit specified in that notification.
Source: Act relating to Political Party 2017), Section 5: http://www.election.gov.np/ecn/uploads/userfiles/electioncommisionact2073.pdf (2018); Constitution of Nepal, 2072 (2015), Article 269 and 271: http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.Pdf
Verified: 2018/04/06
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship j . Other
Comments: a) 25 years old f) registered in voter roll
Source: Constitution of Nepal, 2015, Article 87: http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.Pdf
Verified: 2018/04/06
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments:
Source: Constitution of Nepal 2015 Article 64, 87, 178, 222 (6) and 223 (6). http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.Pdf
Verified: 2018/04/06
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No
Comments: There is no specific law in this regard.
Source:
Verified: 2018/04/06
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments: Political parties are not entitled to public funding.
Source:
Verified: 2018/04/06
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: Act relating to Political Party 2017 section 37 and 38
Verified: 2018/04/06
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments: c) After all ballot boxes used for polling at all polling stations of the election constituency have been received from the Polling Officers, the Returning Officer shall publish in his or her office a notice for information to political parties and candidates, setting out the date, time and place for counting votes.
Source: Election of the Members of Constituent Assembly Rules, 2064 (2007), Art. 39 - 44: www.lawcommission.gov.np (2012)
Verified: 2012/06/12
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
d . By request
Comments: The concerned candidate in any election may file a petition in the Court directly or through the District Election Officer designated by the Commission to have the counting of votes declared void within fifteen days of the date of cause of action, in case another candidate has won the election by
illegally securing votes despite that he or she or any other candidate has secured majority or the ballot papers to be invalid have not been invalidated or the ballot papers to be valid in accordance with laws have not been validated or the counting of votes has not been done in accordance with laws.
Source: Election Offence and Punishment Act 2063, Chapter 5, Art. 28 : http://www.election.gov.np/EN/pdf/crimeact.pdf (2012)
Verified: 2012/06/12
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
i . Not applicable
Comments: There is no allocation of free broadcast time or free printed advertisement space to political parties.
Source:
Verified: 2018/04/06
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments:
Source: Official Website of the Television Journalist Association of Nepal: http://www.tvjnepal.com/about%20us.php (2012)
Verified: 2018/04/06
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments: no opinion polls are allowed before polling from the moment the election is called.
Source: Election code of conduct 2072 section 4 (Ta) P
http://www.election.gov.np/ecn/uploads/userfiles/ElectionCodeofConduct5thCompile.pdf
Verified: 2018/04/06
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are only general rules, allowing the Electoral Commission to specify ceilings for election expenses.
Source: The Election Commission Act 2017, Section 24 Article http://www.election.gov.np/ecn/uploads/userfiles/electioncommisionact2073.pdf
Verified: 2018/04/06
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
b . No
Comments: Provision of referendum
Source: Constitution of Nepal 2015, Article 275 :
http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Article
Verified: 2018/04/06
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution of Nepal 2015, Article 275:
http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Article
Verified: 2018/04/06
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: If a two-thirds majority of the total number of the then members of the federal parliament decides that it is necessary to take decision on any issue of national importance through referendum, such issue may be decided through referendum.
Source: Constitution of Nepal 2015, Article 275:
http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Article
Verified: 2018/04/06
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: The Interim Constitution of Nepal, 2063 (2007): www.lawcommission.gov.np (2012)
Verified: 2018/04/06
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: The Interim Constitution of Nepal, 2063 (2007): www.lawcommission.gov.np (2012)
Verified: 2018/04/06
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: The Interim Constitution of Nepal, 2063 (2007): www.lawcommission.gov.np (2012)
Verified: 2018/04/06
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
c . Never binding
Comments: it is not clear in the constitution
Source: The constitution of Nepal, 2015, Article 257
http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Verified: 2018/04/06
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Constitution of Nepal 2015, Article 275 :
http://www.lawcommission.gov.np/en/documents/2016/01/constitution-of-nepal-2.pdf
Article
Verified: 2018/04/06
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source:
Verified: 2018/04/06
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments:
Source: House of Representative Electoral Act, 2017, Section 38. : http://rajpatra.dop.gov.np/welcome/book/?ref=23050 or http://www.election.gov.np/ecn/uploads/userfiles/pratinidhisabhasadasyanirwaachanain.pdf
Article
Verified: 2018/04/06
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments:
Source: House of Representative Member Electoral Act 2017 section 38 (1) http://www.election.gov.np/ecn/uploads/userfiles/pratinidhisabhasadasyanirwaachanain
Verified: 2018/04/06
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: House of Representative Electoral Act, 2017) Section 39. : http://rajpatra.dop.gov.np/welcome/book/?ref=23050 or http://www.election.gov.np/ecn/uploads/userfiles/pratinidhisabhasadasyanirwaachanain.pdf
Article
Verified: 2018/04/06
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