In 1947, the government of prime minister Padma Shumsher formed a Constitution Reform Committee under the leadership of General Bahadur Shamsher to reform the administration in the country. The Nepal Government Constitutional Law, 1948 envisioned a bicameral legislature with the lower house called Rastra Sabha to have 42 elected members in addition to 28 members nominated by the prime mininster. A provision was also included for an elected Village Panchayat with 5 to 15 members, an elected Municipal Panchayat with 10 to 50 members and an elected District Panchayat with 15 to 20 members. The elections for the bodies would be held on the basis of non-partisan democracy and all adults would have the right to franchise. The law was promulgated but never came into effect.[1][2]
Transition era
The Interim Administration Act of Nepal, 1952 promulgated by King Tribhuwan after the end of the Rana regime made provisions an Election Commission for the first time. The act also gave everyone in the country over the age of 21 a right to adult franchise. The Constitution of the Kingdom of Nepal 1959, prepared under the advice of Sir Ivor Jennings created 109 constituencies in the country and reiterated the right to adult franchise for everyone over the age of 21.[1]
Constitutional monarchy era
The constitution of 1990 had a provision for a bicameral parliament. The House of Representatives (lower house) and the National Assembly (upper house). The country was divided into 205 constituencies which would elected members to the House of Representatives for a term of five years. The National Assembly had 60 members, 35 of whom would be elected by the electoral college of the House of Representatives, 3 each from the five development regions of Nepal, 15 in total, which would be elected by an electoral college of village, municipalities and districts and 10 members appointed by the monarch. The right to franchise was also extended to everyone over the age of 18.[1]
The Election Commission of Nepal is formed of five Election Commissioners, one of whom is Chief Election Commissioner and acts as the chairperson. They serve one term of six years and are appointed by the President on the recommendation of the Constitutional Council. The Chief Election Commissioners and other Election Commissioners must hold a bachelor's degree, must not belong to a political party immediately before their appointment, must have attained the age of forty-five and must possess high moral character.[5]
The Election Commission conducts, supervises, directs and controls the elections for the President, Vice-president, Federal Parliament, State Legislature and local bodies. It prepares a voters' list for the purpose of the election and holds referendums on subjects of national importance as per the Constitution and Federal law.[6]
A party with an overall majority (more seats than all other parties combined) following an election forms the government. If no party has an outright majority by itself, parties can seek to form a coalition that is made up of a majority of members in the chamber and can pass laws.
According to Article 86 of the Constitution of Nepal 2015, the members of the National Assembly are elected every six years through an electoral college. In addition to this, one-third of the members are retired every two years for six years by drawing a lottery.[10]
The electoral college consists of members of the provincial assembly and Chairperson/Mayor and Vice Chairperson/Deputy Mayor of the local bodies within the state. Each provincial assembly members vote has a weight of forty eight whereas each Chairperson/Mayor/Vice Chairperson/Deputy Mayor vote has a weight of eighteen. The electoral college elects 56 members to the National Assembly and three members, including one woman, are nominated by the president on the recommendation of the Government of Nepal.[10]
A party with an overall majority (more seats than all other parties combined) following an election forms the government. If a party has no outright majority, parties can seek to form coalitions.
The first provincial assembly elections in Nepal were held on 26 November and 7 December 2017.
Elections are held for the municipal executive and municipal assemblies in municipalities and for the village executive and village assemblies in rural municipalities. The local executive consists of the elected mayor (or chair in rural municipalities), the deputy mayor (or the deputy chair in rural municipalities) and ward chairs of every ward in the local unit elected through first-past-the-post voting and, five female members (four in rural municipalities) and three members of the Dalit or minority community (two in rural municipalities) elected by the local assembly through single non-transferable vote.[15] The assembly consists of the mayor (chair in the case of village assemblies), the deputy mayor (deputy chair in village assemblies), ward chais and four members from each ward of the municipality or rural municipality. Two ward members must be female, one of whom must belong to the dalit community or a minority group. All elections to the village assembly are held on the basis of first past the post system.[16]