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Constitutional Provisions on Political Parties
Here are provisions from a number of different national constitutions about political parties. They are not given here as models, but just as examples of what some countries have found appropriate fore their needs. You will find provisions from the constitutions of:
Bangladesh
Brazil
Ethiopia
Fiji
Ghana
Germany
Pakistan
South Africa
Bangladesh
70. Vacation of seat on resignation, etc.
- (1) A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party. Explanation. - If a member of Parliament-
(a) being present in Parliament abstains from voting, or
(b) absents himself from any sitting of Parliament, ignoring the direction of the party which nominated him at the election as a candidate not to do so, he shall be deemed to have voted against that party.
- (2) If, at any time, any question as to the leadership of the Parliamentary party of a political party arises, the Speaker shall, within seven days of being informed of it in writing by a person claming the leadership of the majority of the members of that party in Parliament, convince a meeting of all members of Parliament of that party in accordance with the Rules of procedure of Parliament and determine its Parliamentary leadership by the votes of the majority through division and if, in the matter of voting in Parliament, any member does not comply with the direction of the leadership so determined, he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament.
- (3) If a person, after being elected a member of Parliament as an independent candidate, joins any political party, he shall, for the purpose of this article, be deemed to have been elected as a nominee of that Party.
Brazil
Chapter V Political Parties
Article 17 [Political Association]
(0) The creation, consolidation, merger and extinction of political parties is free, with due regard for national sovereignty, the democratic regime, plurality of political parties, the fundamental rights of the individual, and observing the following precepts:
- national character;
- prohibition from receiving financial assistance from a foreign entity or government or from subordination to same;
- rendering of accounts to the Electoral Courts;
- operation in Congress according to the law.
- Political parties are assured of autonomy in defining their internal structure, organization, and operation, and their bylaws shall establish rules of party loyalty and discipline.
- After acquiring legal capacity under civil law, political parties shall register their bylaws at the Superior Electoral Court.
- Political parties are entitled to funds from the party fund and to gratuitous access to radio and television, as set forth in the law.
- Political Parties are forbidden to use paramilitary organizations.
Ethiopia
Article 51
Powers and Functions of the Federal Government
1. It shall protect and defend the Constitution.
15. It shall enact, in order to give practical effect to political rights provided for in this Constitution, all necessary laws governing political parties and elections.
Fiji
Section 71 Vacation of place of member of Parliament
(1) The place of a member of the House of Representatives becomes vacant if the member:
(g) resigns from the political party for which he or she was a candidate at the time he or she was last elected to the House of Representatives;
(h) is expelled from the political party for which he or she was a candidate at the time he or she was last elected to the House of Representatives and:
- the political party is a registered party;
- the expulsion was in accordance with rules of the party relating to party discipline; and
- the expulsion did not relate to action taken by the member in his or her capacity as a member of a parliamentary committee;
Ghana
34.
(1) The Directive Principles of State Policy contained in this Chapter shall guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties and other bodies and persons in applying or interpreting this Constitution or any other law and in taking and implementing any policy decisions, for the establishment of a just and free society.
Political Parties
55.
- The right to form political parties is hereby guaranteed.
- Every citizen of Ghana of voting age has the right to join a political party.
- Subject to the provisions of this article, a political party is free to participate in shaping the political will of the people, to disseminate information on political ideas, social and economic programmes of a national character, and sponsor candidates for election to any public office either than to district assemblies or lower local government unit.
- Every political party shall have a national character, and membership shall not be based on ethnic, religious, regional or other sectional divisions.
- The internal organisation of a political party shall conform to democratic principles and its actions and purposes shall not contravene or be inconsistent with this constitution or any other law.
- An organisation shall not operate as a political party unless it is registered as such under the law for the time being in force for the purpose.
- For purposes of registration, a prospective political party shall furnish the electoral commission with a copy of its constitution and the names and addresses of its national officers: and shall satisfy the commission that -
- there is ordinarily residence, or registered as a voter in each district of Ghana, at least one founding member of the party:
- the party has branches in all the regions of Ghana and is, in addition, organised in not less than two thirds of the districts of each region; and
- the parties name, emblem, colour, motto or any other symbol has no ethnic, regional, religious or other sectional connotations or gives the appearance that it activities are confined only to a part of Ghana.
- A political party shall not have as a founding member, a leader or a member of its executives, a person who is not qualified to be elected as a Member of Parliament or to hold any other public office.
- The members of the national executive committee of a political party shall not be chosen from all the regions of Ghana.
- Subject to the provisions of this constitution, every citizen of voting age has the right to participate in political activity intended to influence the composition and policies of the Government.
- The state shall provide fair opportunity to all political parties to present their programmes to the public by ensuring equal access to the state-owned media.
- All presidential candidates shall be given the same amount of time and space on the state-owned media to present their programmes to the people.
- Every candidate for election to Parliament has the right to conduct his campaign freely and in accordance with law.
- Political parties shall be required by law-
- to declare to the public their revenues and assets and the sources of those revenues and assets; and
- to publish to the public annually their audited accounts.
- Only a citizen of Ghana may make a contribution or donation to a political party registered in Ghana.
- A member of an organisation or interest group shall not be required to join a particular political party by virtue of his membership of the organisation or group.
- Subject to the provisions of this Chapter, Parliament shall by law regulate the establishment and functioning of political parties.
56.
Parliament shall have no power to enact a law to establish or authorise the establishment of a body or movement with the right or power to impose on the people of Ghana a common programme or a set of objectives of a religious or political.
Germany
Article 21 [Political parties]
(1) The political parties participate in the forming of the political will of the people. They may be freely established. Their internal organization must conform to democratic principles. They have to publicly account for the sources and use of their funds and for their assets.
(2) Parties which, by reason of their aims or the behavior of their adherents, seek to impair or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany are unconstitutional. The Federal Constitutional Court decides on the question of unconstitutionality.
(3) Details are regulated by federal statutes.
Pakistan
17.
(1) Every citizen shall have the right to form associations or unions, subject to any reason- able restrictions imposed by law in the interest of [sovereignty or integrity of Pakistan, public order or morality].
[(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonab1e restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.
(3) Every political party shall account for the source of its funds in accordance with law.]
South Africa
Funding for political parties
236. To enhance multi-party democracy, national legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis.
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