Should Inclusive Proportional Electoral System Be Removed?

• Dr. Govinda Bahadur Tumbahang

After the seven-point agreement between Nepali Congress (NC) president Sher Bahadur Deuba and Nepal Communist Party, United Marxist Leninist (NCP, UML)) chairman K.P. Sharma Oli, a new coalition government was formed on Ashad 30,2081 under the premiership of K.P.Sharma Oli in the participation of NC and some other smaller parties. Prime Minister Oli, while seeking a confidence vote in the House of the Representatives (HoR) on Shravan 6, revealed the seven points which were kept secret until then. Among them, the first two points were about the formation of national consensus government according to the clause 2 of article 76 of the Nepalese constitution 2015, and the relevant and required amendments in the articles and clauses of the constitution. He won the trust motion by 188 votes in the 275-member HoR, which was more than two-third of the total votes required for the amendment of the constitution. After this momentous event, the question of constitutional amendment has occupied a significant space in the Nepali political discourse.

They assert that in such an electoral system, no party would win the majority of seats to form a government as votes are divided among different clusters. Therefore, system of direct voting for the candidate should be put into practice.

Those advocating the need of constitutional amendment say that the present unstable government is, in fact, the outcome of the inclusive proportional electoral system, in which the whole nation is made a single constituency, voters cast their votes for the party they want and the votes earned are shared among the clusters proportionately as fixed by the federal law. They assert that in such an electoral system, no party would win the majority of seats to form a government as votes are divided among different clusters. Therefore, system of direct voting for the candidate should be put into practice. If it is essential at all, it should be practiced in the National Assembly.

However, the past record shows that even a majority party would not run stable government. On Baishakh 29, 2048, general election for 205 seats to the HoR was held. Nepali Congress won 110 seats, which was a comfortable majority to constitute the government. Consequently, Girija Prasad Koirala, then general secretary of NC, became Prime Minister on Jestha 12. But he could not run the government for the full term. He recommended, on Ashad 3, 2051, to the king for the dissolution of the HoR fixing the date of its mid-term election on following Kartik 29. The king did accordingly, and the election was held successfully.

Similarly, we have experience to share that no party would win majority of seats even in the direct voting system. On Kartik 29, 2051, election for 205 seats to the HoR was held, but no party secured 103 seats, a majority to form the government. NCP (UML) won 88, NC won 83, Rastriya Prajatantra Party (RPP) won 20, Nepal Sadbhavana Party (NSP) won 3, Nepal Majdur Kisan Party ( NMKP) won 4 and independent candidates won 7 seats. Then, RPP with only 20 seats formed the government sometimes in support of NCP (UML) and at other times in support of NC. As a result, the government was unstable.

When there was no inclusive proportional electoral system , candidates elected to the HOR were mostly male Bahuns and Kshetris. People from most communities were either under represented or not represented at all. It is evident from the election results of 2048, 2051 and 2056 general elections held for 205-member HOR. Women have more population than men have, but from those elections only 7, 8 and 12 women were elected respectively to the HOR.

Under the heading " social justice", in clause 1 of Article 42 of the constitution, there is a provision to include in the state organs people from socially backward communities and from the backward area.

Under the heading " social justice", in clause 1 of Article 42 of the constitution, there is a provision to include in the state organs people from socially backward communities and from the backward area. Clause 2 of article 84 of the constitution has made it mandatory that political parties should field candidacy for the HOR under proportional electoral system including them on the basis of their population. According to the federal law, 33% of the seats have been reserved for women, 31.2% for Khas/Arya, 28.7% for indigenous nationalities, 13.8% for Dalits, 6.6% for Tharus, 15.3% for Madhesis, 4.4% for Muslims and 4.3% for the backward area. Due to this reservation system, there are now 91 women and 16 Dalits in the 275- member HoR. Likewise, people from other clusters have also been proportionately elected to the present HOR.

At present, in the HoR, NC has 88 seats, NCP (UML) has 78 seats, Nepal Communist Party ( Maoist) has 32 seats, Rastriya Swatantra Party has 21 seats, RPP has 14 seats, Janata Samajbadi Party has 7 seats, Janata Samajbadi Party Nepal has 5 seats, Nepal Communist Party (S) has 10 seats, Nagarik Unmukti Party has 3 seats, NMKP has 1 seat, Rastriya Jana Morcha has 1 seat and independents have 7 seats. Representation of all the sectors, on the basis of population, is there both in the parties and the HoR . Due to this reservation based on inclusive proportional representation system, we see people from these communities and area holding jobs in civil services, army, police, armed police and other public sector services.

As people from these sectors have some role to play in the formation of government and formulation of policies and programs, they feel responsible toward people and the nation. As a matter of fact, it has brought people from all sectors to the main stream of the state, developed love and devotion to the nation, and consolidated national unity and integrity. If proportional electoral system is abolished from the HoR, and introduced in the National Assembly, it will be meaningless as it has no role in the formation of government and policy-making. Indeed, this electoral system is necessary for the election to the HOR.

The author is the former Chief of Koshi Province and retired professor of Linguistics at Tribhuvan University.