- The Rastriya Swatantra Party (RSP) formed an 11-member committee to study implementing "Right to Recall" and "Right to Reject" systems in Nepal.
- Led by Bipin Kumar Acharya, the committee will evaluate legal frameworks and international models to enhance voter-initiated accountability for elected representatives.
- Nepal currently lacks constitutional provisions allowing voters to remove officials before their term ends, requiring significant legal reforms for implementation.
- The committee aims to define procedures for signature thresholds, recall eligibility, and the practical impact of "None of the Above" ballot options.
Kathmandu, Nepal: The Rastriya Swatantra Party (RSP) has formed an 11-member committee to study the Right to Recall and prepare a document on how such a system could work in Nepal.
The committee is coordinated by RSP General Secretary and House of Representatives member Bipin Kumar Acharya.
RSP spokesperson Jagadish Kharel said the committee was formed following a decision of the party’s Central Committee meeting held on Bhadra 5.
The committee will study the concept of recall elections and look at the legal and practical issues involved in introducing such a provision in Nepal. The party has been advocating the Right to Recall along with the Right to Reject, or a “None of the Above” (NOTA) option, as part of its electoral reform agenda.
Nepal has no general recall provision
Nepal’s current laws do not allow voters to directly remove an elected federal, provincial or local representative before the end of the representative’s term simply because they have lost public support.
The Constitution and election laws set out the circumstances under which an elected position can become vacant or an officeholder can lose the position. They do not provide for a voter-initiated recall election.
Introducing such a system would therefore require a clear legal framework and, depending on how it is designed, could also require constitutional changes.
The RSP committee will need to consider several issues, including which elected officials could face recall, who could start the process, how many voter signatures would be needed and what level of support would be required for a recall to succeed.
RSP has backed recall and rejection rights
The Right to Recall and Right to Reject have been part of the RSP’s electoral reform proposals since the party entered electoral politics.
In its 2022 election manifesto, the party supported introducing recall elections and a Right to Reject. The proposals were presented as ways to give voters greater say in the performance of elected representatives and in the electoral process.
The new committee is expected to examine those proposals in greater detail and prepare a document that could form the basis of the party’s position on the issue.
The committee’s formation itself does not introduce a Right to Recall in Nepal. Any such system would have to be established through the country’s legal and constitutional processes.
How recall elections work
A recall system generally allows voters to seek the removal of an elected representative before the end of the representative’s term.
In systems that have recall elections, the process often starts with a petition. Supporters of the recall must collect a specified number or percentage of voters’ signatures. If the petition meets the required threshold, a recall vote may then be held.
The rules vary from one jurisdiction to another. Some systems set specific grounds or conditions for recall, while others allow voters to initiate the process based largely on political dissatisfaction.
Supporters say recall elections give voters a way to hold elected officials accountable between regular elections. Critics argue that recall campaigns can be used for political purposes and may create additional pressure on elected representatives.
For Nepal, the main issue would be deciding how to make the process accessible to voters while preventing repeated or politically motivated recall attempts.
Recall systems differ by country
Recall mechanisms are used in different forms in several countries.
In parts of the United States, voters can initiate recall elections for certain state and local officials by collecting signatures. The requirements differ from one jurisdiction to another.
British Columbia, Canada, has also had a recall process for members of its Legislative Assembly since 1995.
The United Kingdom has a more limited system. Members of Parliament can face a recall petition only when specific conditions set out in law are met. A petition cannot simply be launched because voters are unhappy with an MP’s political performance.
These systems show that there is no single model for recall elections. The eligibility of officials, signature requirements, grounds for recall and the outcome of a successful petition all depend on the law of the country or jurisdiction.
Right to Reject is different from Right to Recall
The Right to Reject is separate from the Right to Recall.
The Right to Reject is generally associated with a NOTA option on the ballot. It allows voters to participate in an election while indicating that they do not support any of the candidates.
Nepal has debated the issue for years. The Supreme Court, in a landmark ruling in January 2014, addressed voters’ right to reject all candidates, leading to further discussion about how such a provision could be incorporated into the electoral system.
Nepal, however, does not currently have a general NOTA system that automatically invalidates an election if the option receives the highest number of votes.
That question would also have to be addressed if the country were to introduce a formal Right to Reject.
India’s NOTA experience
India introduced a NOTA option following a Supreme Court decision that paved the way for its use on electronic voting machines.
However, a NOTA victory does not generally mean that an election is automatically cancelled or that the candidates must be replaced. The result is still determined under the existing electoral rules.
The experience shows that simply putting a NOTA option on the ballot does not determine what happens after voters select it. The legal effect of the vote has to be defined separately.
Issues the RSP committee will need to examine
If the party moves ahead with a formal proposal, the committee will have to address a number of practical questions.
Among them are:
Which elected representatives should be subject to recall?
Who should be allowed to initiate a recall petition?
How many signatures should be required?
Should voters have to give a reason for seeking a recall?
How soon after an election should a recall petition be allowed?
How often should a recall attempt be permitted?
Should a successful recall lead automatically to a by-election?
Should a recalled representative be allowed to contest the subsequent election?
What safeguards should be introduced to prevent misuse of the process?
For the Right to Reject, a separate question would be whether NOTA should simply record voters’ dissatisfaction or whether receiving a certain percentage of votes should lead to a fresh election.
Members of the committee
The 11-member committee includes:
Bipin Kumar Acharya – Coordinator
Ganesh Parajuli – Member
Manish Jha – Member
Samiksha Baskota – Member
Anushka Shrestha – Member
Sulabh Kharel – Member
Manish Khanal – Member
Sushant Vaidik – Member
Gazala Shamim Mikirani – Member
Karisma Kathariya – Member
Pramod Neupane – Member
The committee’s report is expected to give the RSP a more detailed position on the Right to Recall and Right to Reject.
The proposals could also add to the wider debate in Nepal over how elected representatives should be held accountable between elections and what role voters should have once an election is over.
