An election is a process in which people vote to choose a person or group of people to hold an official position. The election is a very essential and unconditional part of democracy in the modern age. Election is the best instrument by which people choose their representatives and make their will determined through their representatives.
According to Webster's Dictionary, "election" means the act or process of choosing a person for an office position or members by voting.
Election law is a body of rules that regulates and controls the activities relating to elections like the process of conducting elections, the method of election, the rights and duties of political parties, the area of electoral geography and rights, the duties and obligations of voters and election officers, etc.
Election law also determines and prescribes the provisions relating to crime and punishment relating to the election. Election law plays an important role in conducting fair and fresh elections which is essential to run and make the government responsible.
There is no long history of election law in Nepal. There was no election before 2007 B.S. because there was the autocratic government of Ranas. Therefore, election law is those rules which regulate the activities relating to conducting fair and fresh elections.
Importance of Election Law
Election law has a lot of importance in the modern age where every country has moved towards democracy. The following are the importance of election law:
1. Regulation of the Democratic process:
Election law determines the process of conducting an election by adopting a fair and fresh method like a secret ballot system. Election law tries to make provisions that help to conduct elections fairly without any influences.
2. Participation of People
Election law provides every individual with an opportunity to participate in elections. People can participate in an election either by casting a vote for his/her choice of candidate or by fighting in the election.
3. Establishment of rule of law:
Election law helps to promote the rule of law in the country. Democracy is the essential element of the rule of law and election law helps people to select their rulers themselves. People are not ruled in an autocratic way in a democratic country. That's why election law promotes the rule of law.
4. Delegates the sovereignty:
Sovereignty means supreme power and supreme power is vested in citizens according to the Constitution of Nepal but it is the election law that helps to transfer their sovereign rights to their representatives through election.
5. Makes the ruler accountable:
Election is conducted every five years which is determined by the election law. It helps to make the ruler i.e. government accountable to the people who have given their vote to them. Leaders who are in government have fear in their minds if they do not do it according to the interest of the people then people will not vote for them. That's why periodic election makes the ruler accountable.
6. Establishment of peace and security:
Election law makes different rules which is essential to conduct a fair election. Election law describes the provisions related to crime and punishment relating to the election which helps to maintain peace and security in the election period.
7. Development of the periodic election system:
Election law also determines the period for the election to be conducted. In Nepal, the Election Act, 2063 of Nepal has determined the periodic time of election is five years.
8. Enhancement of the political freedom:
Election law has described the rights, duties, powers, and obligations of political parties as what they can do during elections or while in government. Election law has also described the power of a political party to take action against their candidate if he/she does not act according to the party's interest. Therefore, election law enhances political freedom as well as limits freedom to some extent.
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