New Law Targets Party Splitting, Redrawing Nepal’s Political Rules

Kathmandu — Following a Supreme Court order, Nepal’s law on splitting political parties has been made stricter again. The provision that allowed a faction to break away with just 20 percent support from either the central committee or parliamentary party has been removed, reviving the old requirement that at least 40 percent of both the central committee and the parliamentary party must agree.

The change comes after the Supreme Court in Kartik invalidated the earlier 20 percent provision — which had been used in the past to register breakaway parties — and declared it unconstitutional. The court’s full bench ruled that the amendment introduced through an ordinance had lapsed, and that the original legal provision automatically came back into force.

That 20 percent rule had first been introduced by ordinance in Bhadra when leaders such as Madhav Kumar Nepal split from the CPN-UML to form the Unified Socialist party. The Supreme Court had previously ruled that the amendment allowing such splits was invalid, and its removal means the stricter 40 percent threshold must now be met.

Based on this court interpretation, the Election Commission has updated its rules, officially publishing new regulations in the Nepal Gazette. Under the newly published regulations, a group must secure at least 40 percent support from both the central committee and the federal parliamentary party to split and form a new party.

The reinstatement of the older, more demanding standard effectively blocks small factions from easily breaking away and forming new parties. It also brings Nepal’s party-splitting politics back toward the original intent of the Political Parties Act, which was designed to ensure stability and discourage frequent fragmentation.

Political observers have noted that the 20 percent rule had created legal confusion and prompted multiple party registrations on weak legal ground, leading to several petitions in the Supreme Court. With the 40/40 rule now restored, the Election Commission aims to curb opportunistic splits and strengthen internal party cohesion.