NEPAL: CELEBRATING THIS NEW YEAR BY EMPOWERING DEMOCRACY

Learning from the directives of the Supreme Court of India, now Nepal is all set to celebrate its New Year with a set of electoral reforms into its democratic system.

“For democracy to survive, it is essential that the best available men should be chosen … for proper governance of the country. This can be best achieved through men of high moral and ethical values who win the elections on a positive vote.”

In a landmark judgement, the Supreme Court of Nepal in its joint bench of justices Kalyan Shrestha and Prakash Wasti issued the order responding to a writ petition filed by two advocates.

With this decision, the ballot papers in coming elections will now have a separate option “None of the above or NOTA” to allow voters to cast negative votes during the parliamentary or local elections.

Citing the provisions enshrined in the interim Constitution, which upholds sovereignty of the people, the writ petitioners had demanded that voters must be allowed to cast negative votes in election. “The current provision infringes on the people’s right to reject a candidate,” the writ petition said.

The court in its order has asked the Prime Minister’s Office, Election Commission and the Ministry of Law Justice, Constituent Assembly and Parliamentary Affairs (MoLJPA) to ensure negative voting provision in the electoral process.

Following the apex court’s decision, Nepal has become the 15th country to ensure negative voting in elections. India, South Africa, Sweden, Finland, France, Belgium, Brazil, Bangladesh, Greece, among others, have introduced negative voting provision in their election laws.

Giving right to a voter “Not to vote for any candidate” while protecting his right of secrecy is extremely important in a democracy. Such an option gives the voter the right to express his disapproval of the kind of candidates being put up by the parties.

Gradually, there will be a systemic change and the parties will be forced to accept the will of the people and contest candidates who are known for their integrity. This will accelerate effective political participation in the present state of the democratic system and the voters will in fact be empowered.

The right to cast a negative vote, “at a time when electioneering is in full swing, will foster the purity of the electoral process and also fulfil one of its objectives, namely, wide participation of people.”