Definition-Formation-Functions Political Parties Definition-Formation-Functions Political Science B.A.,LL.B. 19 May 2014

CONCEPTUAL DEFINITION Political parties are institutions who represent people and equally compete for gaining power by convincing people.

DEFINITIONS Burke: Political party is a body of men (human) united for promoting by their joint effort the public interest upon some principles in which they are all agreed. E.B. Schulz: A political party may be defined as an organized and presumably durable association, either or individuals or of distinguishable groups of individuals, which effort to place its members in government offices for the purpose of bringing about the adoption of favored policies.

CONT’D Gettel Defines a political party as "a group of citizens more or less organized, who act as a political unit and who by the use of their voting power aim to control the government and carry out their general policy. Gilchrist: a political party "is an organized group of citizens who profess to share the same political views and by acting as a political unit tries to control the government.

DEFINITION OF POLITICAL PARTIES UNDER NEPALESE CONSTITUTION AND LAWS Every citizen shall have the freedom to form political party and freedom to form unions and associations. (Art 12) Any law, arrangement or decision which restricts any such activities shall be considered inconsistent with this Constitution and shall ipso facto be void. (Art 141)

CONT’D "Political party" means a political party registered for the purpose of election pursuant to Article 142 of the Constitution. Section 2(g) of the Election Commission Act, 2063 (2007) “Political Party” means the Political Party registered pursuant to the prevailing law. Section 2(h) of the Election to the Members of the Constituent Assembly Act, 2064 (2007) "Party" means political organization or party constituted pursuant to Section 3. Section 2(a) Political Parties Act, 2058 (2002) . The section 3 has provisioned that: Persons, who are committed to common political objectives and programme, may be entitled to form political party upon making necessary Statute and Rules therefore.

Essentials of a political party Its members must be organized. It must have branches all over the country and must enforce discipline among its members. It is impossible to think of political parties without organization. The members of political party must have practically the same views on important public matters. They must work for national interests and not sectional or private interests.

Formation of Political Parties Constitutional Provisions: Every citizen shall have the freedom to form political party and freedom to form unions and associations. (Art 17) However provided that nothing shall be deemed to prevent the making of laws to impose reasonable restrictions on any act: which may undermine the sovereignty and integrity of Nepal, or which may jeopardize the harmonious relations subsisting among the people of various castes, tribes, religions or communities, or which may instigate violence, or which may be contrary to public morality. Persons who are committed to a common political ideology, philosophy and programme can exercise rights to form and operate political parties of their choice. (Art 269 of constitution of Nepal 2072 BS)

Cont’d Any law, arrangement or decision which restricts any such activities shall be considered inconsistent with this Constitution and shall ipso facto be void. Any law, arrangement or decision which allows for participation or involvement of only a single political party or persons having a single political ideology, philosophy or programme in the elections, political system of the country or conduct of state affairs shall be inconsistent with this Constitution and shall ipso facto be void. (art.270(2)) Political parties with objectives contrary to the spirit and norms of the preamble of this constitution shall not be considered qualified for party registration.

CONT’D Any political party wishing to secure recognition from the Election Commission for the purposes of elections should be registered in EC. Persons or group of persons who want to register PP must submit constitution, manifesto and rules mentioning name and address of PP as well as executive committee’s members and sources of fund. Such PP should be democratic, provisions to hold National conference at least every 5 years to elect EB, rule of disciplines, inclusive, non-discrimination, anti-defamation or clash among community. For the purpose of the registration of a party for election, an application with the support and signature of at least ten thousand voters should be confirmed.

Political Parties Act, 2058 (2002) Section 4 of the Act has mentioned requirements of the Statute of such party. It includes: Name of the political party. Address of headquarters of the party. The details of seal, insignia/emblem/symbol or flag of the party. Objectives of the party. Provisions on party membership. The formation method and the tenure of the Executive Committee of each level of party.

Political Parties Act, 2058 (2002) The numbers and election method of office bearers of the party. The provisions on party fund and its audit. The method relating to the amendment of party Statute. Provisions on dissolution of the party. Provisions on assets and liability of the party after its dissolution. The provisions that provides for elections of at least Fifty percent members among the total members of Executive Committee of political organization or party at least once in every Five years. Other matters as prescribed.

No party should commit or cause to commit An act which undermines the sovereignty or integrity of Nepal. An act which jeopardizes the harmonious relations subsisting among the various tribes, castes or communities of Nepal. An act which incites violent activities. An act which may be contrary to public morality. An act to provide membership of party only on the basis of religion, sect, caste, tribe or region. Any other acts in contravention of 4Interim Constitution of Nepal, 2063.

Election Commission may reject to register a party in any of the following circumstances If the party is formed only on the basis of religion, sect, tribe, caste and region. If the name or insignia of a party resembles with the name or insignia of a party which is already registered. If the Statue of the party fails to mention the matters as referred by existing laws.

Functions of Political Parties There are five central functions of political parties in modern representative democracies: To pick up demands from society and bundle them (the interest aggregation function) To develop consistent policies and government programmes (the interest articulation function) To recruit, select and train people for positions in government and the legislature To oversee and control government To serve and change society

To pick up demands from society and bundle them (the interest aggregation function) Many political parties can have a number of goals. These goals are to maximize their vote-share, to obtain as many government offices as possible and to push a specific policy agenda. Political parties play an important role in forming public opinion. They influence the mind of the people in such a way that they are willing to vote for them.

Link between government and people. To develop consistent policies and government programmes (the interest articulation function) Articulate issues Link between government and people. Political parties create and keep open lines of communication between governors and governed through which government may work more effectively.

Recruitment of political leaders Maintain political discipline To recruit, select and train people for positions in government and the legislature Recruitment of political leaders Maintain political discipline Represent to the people

To oversee and control government Form and control of government Work as opposition Political check and balance

To serve and change society Much has been written about parties’ obvious shortcomings, but no other actor could replace them. Uniting, simplifying and stabilizing the political process Tool of social change and modernization

Functions of political parties in government and opposition Articulation Aggregation Recruitment Government Implement policies Sustain support for government Fill government positions Opposition Develop alternatives Gain support for change Build pool of competent people