Issues on Public Service Commission

Building of Public Service Commission under Construction

Public Service Commission Kamalpokhari

Kathmandu, Nepal

2064 (2007)

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Computer Setting: Computer Unit, PSC

Public Service Commission

P.O. Box: 8979 Fax. No. 977-1-4419885

Tel. No. 4414148, 4419887, 4412843, 4423365 Email: info@psc.gov.np

stat@psc.gov.np (for Article) Web site: www.psc.gov.np

Kamalpokhari, Kathmandu, Nepal

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Contents EDITORIAL

Public Service Commission is publishing "Nijamati Sewa Patrika" (Civil Service Journal) in a regular basis. Besides this, PSC has endeavored to publish this English edition in its 57th anniversary day. In this publication altogether thirteen articles have been incorporated which might help the august readers to understand present status and issues of PSC. We believe that the concerned readers will be benefited from this publication as there are different articles written on the subject.

S.N. CONTENTS AUTHORS PAGE1 Public Service Commission at a

Glance - 2 Curriculum Of Public Service

Commission: Inclusive Or As It Is? Dr. Ganesh Man Gurung 3 Public Service Commission: From

Legal Perspective Dr. Kul Ratna Bhurtel 4 Parliamentary Committees And

Their Functional Linkages With Public Service Commission Bharat Gautam

5 Public Service Commission in the Interim Constitution, 2007 and its Future Agenda Rabindra Shakya, Ph.D.

6 Public Service Commission: New Role In The New Millennium Sharada Prasad Trital

7 Revitalizing Nepalese Bureaucracy: Is Public Service Commission Ready To Address New Challenges? Ram Babu Nepal

8 Administrative Challenges And Public Service Commission Arjunmani A. Dikshit

9 Role Of Public Service Commission In Promoting Rights-Based Approach To Development Dhruba Nepal

10 Redefining The Role Of Public Service Commission In The Change Context In Nepal Lakshman K. Pokhrel

11 Governance Bureaucracy And Public Service: Conventions And Alternatives Chiranjivi Khanal

12 Role Of Public Service Commission In Present Nepalese Scenario Dr. Shambu P. Khanal

13 Public Service Commission-Challenges And Opportunities Narayan Prasad Kaphle

The opinions expressed in articles will be those of authors and not necessarily reflect the opinions of the Editorial Board. The Editorial Board expresses its sincere thanks to all the authors for contributing their valuable articles. Thanks are due to Mr. Rabindra Shakya, PhD, the former secretary of PSC, for his pious opinion in bringing out this volume. Lastly, the Editorial Board appreciates all those who contributed to make this publication 'Issues on Public Service Commission' out in time. Department of Printing Press, Government of Nepal, Singh Durbar, deserves thanks for publishing this document. 1 Ashad, 2064 EDITORIAL BOARD (15th June 2007)

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Public Service Commission at a Glance

Introduction

Public Service Commission (PSC) was established in Nepal on 15 June 1951 A.D. The Commission is involved in selecting meritorious candidates required by Government of Nepal for various vacant posts of the civil service. The continuity of PSC has never been hindered since its establishment. Present Constitution of Nepal 2007(2063 BS) has designated the Public Service Commission as an independent constitutional body.

Composition

As per Article 125 of the Constitution, there shall be a Public Service Commission Nepal. The Commission consists of a Chairman and Members as may be required. The Chairman and members of PSC are appointed for 6 years. The Chairman and members may be removed from their offices on the same grounds and in the same manner as has been set forth for removal of a judge of the Supreme Court.

Functions, Duties and Powers of the Public Service Commission

(1) It shall be the duty of the Public Service Commission to conduct examinations for the selection of suitable candidates to be appointed to Civil Service posts.

Explanation: For the purposes of this Article, all services and positions in the Government of Nepal shall be deemed included within the Civil Service, except

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Army Officers or Soldiers and the service and positions of Armed Police or Police personnel, and such other services and positions as are excluded from the Civil Service or positions by any law.

(2) Permanent appointment to any position in the Civil Service which carries the benefit of pension shall not be made except in consultation with the Public Service Commission.

(3) The Public Service Commission shall be consulted on the following subjects:

a) matters concerning the law relating to the conditions of service of the Civil Service,

b) the general principles to be followed in the course of appointment to, promotion to, and departmental action of the Civil Service or positions,

c) matters concerning the suitability of any candidate for appointment to a Civil Service position for a period of more than six months,

d) matters concerning the suitability of any candidate for transfer or promotion from one service to another within the Civil Service or from any other Government service to the Civil Service,

e) matters concerning the permanent transfer or promotion of any employee, working in any position of an organization which is not required to consult with the Public Service Commission on matters of appointment, to any position for which consultation with the Public Service Commission is required, and

f) Matters relating to departmental actions proposed against any Civil servant.

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(4) Notwithstanding anything contained in clause (3) above, matters falling within the purview of the Judicial Service Commission pursuant to Article 114 shall be governed by that Article.

(5) The Public Service Commission shall be consulted for the general principles to be followed in the course of appointment to and promotion of the Military Service, Armed Police Service or Police Service.

(6) The Public Service Commission may provide an advice, if requested by any Public Enterprises, with regard to the prevailing law relating to the terms and conditions of service of their employee, and with regard to the general principles to be followed in the course of appointment to, promotion to, and departmental action of such Services.

Explanation: For the purpose of this Article the word Public Enterprises means any corporate body in which the Government of Nepal owns and control more than fifty percent of the shares or the assets.

(7) The Public Service Commission may delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of the Government of Nepal, to be exercised and complied with the conditions as specified.

(8) Subject to this Constitution, other functions, duties and working procedures of the Public Service Commission shall be as determined by law.

Annual Report:

(1) Each year, the Public Service Commission shall submit to the Prime Minister an annual report on the works it has performed, and the Prime Minister shall

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make arrangement to submit such reports before Legislature-Parliament.

(2) The annual report to be submitted in accordance with clause (1) above, shall contain, inter alia, the description on the examinations conducted by the Public Service Commission throughout the year for selecting candidates, candidates succeeded in such examinations, advice provided to various agencies, consultation rendered with regard to departmental action and punishment to Civil Servant and the follow-up thereto, consultation provided, if any, for the application of the general principles to be followed in the course of appointment to, promotion to, and departmental action concerning the Government Service, and the matters relating to the reforms of the Civil Service in the future.

Process of Selection

The Public Service Commission conducts examinations for selection of candidates as per the Public Service Commission (Procedure) Act, 2048 B.S. using one or more methods of selection as follows:

a. Open competitive written examination,

b. Open competitive practical examination,

c. Selection,

d. Interview and,

e. Any other methods adopted by the Commission.

In order to carry out selection process, the Commission publishes vacancy announcement for the concerned candidates in its weekly bulletins published every Wednesday as well as in the "Gorkhapatra", a national daily. The Commission has also adopted an annual calendar of operation

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of its activities which incorporates all the details of phases of the selection process. In order to maintain fairness and impartiality in the selection, the commission has adopted a system of "multi-blinds" in which setting and moderation of questions, checking of answer sheets, conduction of interviews as well as result of written examinations and interviews are carried out in a manner that officials involved are kept in anonymity to each other.

The Chairman presides over the meetings of the Commission, co-ordinates the activities assigned to its members & issues policy directives as required.

Secretariat:

S.N. Position Name Residence Office

1. Secretary Mr. Kumar Prasad Poudel

4434478 4415762

2. Chief Psychologist

Dr. Niranjan Prasad Upadhyaya

4436257 4443033

3. Joint Secretary

Mr. Madhav Prasad Dhakal

4473995 4423364

4. Joint Secretary

Mr. Surya Prasad Adhikari

9841520289 4423365

The PSC maintains a pool of experts and specialists for the purpose of selection. They are assigned to the specific selection tasks in a confidential manner. The PSC has also initiated the process of screening for certain posts where numbers of candidates are high. The candidates have to get through the preliminary examination in order to appear in the main examination.

Organizational Set Up

At present, the commission has a chairman and four members. The names, designation and telephone numbers are as follows:

The Secretary is the Executive head of the Commission Secretariat and carries out following functions:

Mr. Tirtha Man Sakya Rt. Honourable Chairman Tel: 4410910 (Off.) 5522467, (Res.) Mobile: 9851026534

Mrs. Urmila Shrestha Honourable Member Tel: 4442392 (Off.) 4228267 (Res.)

Dr. Bhimdev Bhatta Honourable Member Tel: 4419881 (Off.) 4430725 (Res.)

Dr. Ganesh Man Gurung Honourable Member Tel: 4419880 (Off.) 4331494 (Res.)

Dr. Shree Krishna Yadav Honourable Member Tel: 4419882 (Off.) 5520278 (Res.)

Implement the decisions of the Commission into the effect, and

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Monitor, co-ordinate and control the administrative and fiscal activities of the Commission in conformity to the laws currently in force.

In the Central Secretariat, there are three important divisions through which the entire function of the Commission is carried out. They are:

1. Examination & Recommendation Division,

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2. Policy, Regulation, Complaints, Advice & Inspection Division and

3. Testing Methodology, Curriculum & Publication Division.

The Central Secretariat of PSC is located at Kathmandu. It has five Regional Directorates and nine Zonal Offices functioning throughout the Kingdom. They are located as follows:

Regional Directorates:

Zonal Offices:

1. Eastern Regional Directorate, Debrebas, Dhankuta. Tel: 026-520151 2. Central Regional Directorate, Anamnagar, Kathmandu. Tel: 01-4771214 3. Western Regional Directorate, Pardi, Pokhara, Kaski. Tel: 061-520506 4. Mid Western Regional Directorate,

1. Mechi Zonal Office, Ilam Tel: 027-520062 2. Sagarmatha Zonal Office, Diktel, Khotang Tel: 036-420177 3. Janakpur Zonal Office, Jaleshwar, Mahottari, Tel: 044-520147 4. Narayani Zonal Office, Hetauda, Makwanpur, Tel: 057-520302

5. Lumbini Zonal Office, Butwal, Rupandehi Tel: 071-540207 6. Dhaulagiri Zonal Office, Baglung Tel: 068-520147 7. Rapti Zonal Office, Tulsipur, Dang

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Regional Directorates:

Zonal Offices:

Birendranagar, Surkhet. Tel: 083-521803 5. Far Western Regional Directorate, Rajpur, Doti. Tel: 094-440147

Tel: 082-520013 8. Karnali Zonal Office, Khalanga, Jumla Tel: 087-521209 9. Mahakali Zonal Office, Mahendranagar, Kanchanpur. Tel: 099-520008

Personnel Status: There are 316 employees functioning at Central, Regional Directorates & Zonal Offices of PSC.

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be continually assessed and improved based on the assessment to keep it in harmony with changes observable in the society. It is important to bring timely improvements and updates in the curriculum as it is counted as input and efficient manpower as output. On the other hand, it should be furnished based on the demand of time, political situation of the country and goals of the state.

Curriculum of Public Service Commission:

Inclusive or As it is? Dr. Ganesh Man Gurung 1

Abstract In this regard, curriculum in the context of Public Service Commission (PSC), one of the constitutional bodies of Nepal, refers to the totality of activities and experiences planned with a view to achieve the goals and objectives targeted by Nepal Sarkar (the Government of Nepal). The curriculum development, therefore, is a persuasive activity which should be sensitive to time and place (Heinemann: 1972). In context to this theoretical background, this is the right time to say that Public Service Commission (PSC) requires to be serious for reviewing and updating or restructuring of the curriculum as a new political environment with the concept of state restructuring has been emerged. While Public Service Commission is mentally prepared to develop better curriculum, there are certain questions for consideration as follows:

Based on the theoretical ground that a curriculum, in general, should not be rigid and static, Public Service Commission (PSC) should be serious for reviewing and updating or restructuring of the curriculum as a new political environment with the concept of state restructuring has been emerged. It should start a home work to explore the root causes of young graduates with distinction and first class not applying at Public Service Commission to join civil service

Introduction

The word- curriculum- is derived from the Greek word- currere- which means to run. (JBR, Shrestha and Ranjitkar: 2061). Adding ideas to the present context, we can explain curriculum as a race course and education or learning as an act of running. Curriculum has been expressed in two ways- to indicate, roughly a plan for the education of learners and to identify a field of study (JBR, Shrestha and Ranjitkar: 2061). Thus, curriculum is a field of study to provide education with necessary contents based on the level, methods and time constant.

Why is it necessary to review and restructure the curriculum of Service Commission (PSC)?

What are the ways to make curriculum inclusive and acceptable to all sectors? A curriculum, in general, should not be rigid and static which

means revision, improvement and update or change in curriculum is a continuous process. Besides, curriculum should

Discussion

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Administrative History Member, Public Service Commission The administrative history of Nepal shows that along with the

unification of Nepal, Prithivi Narayan Shah appeared as an 1 This is personal view of the author - 13 -

absolute monarch who appointed and dismissed all officers, declared war and signed treaties in order to fortify his rule (Agrawal: 1976). He was omnipotent, omnipresent and omniscient in all state affairs. During Rana regime (1846-1950) the role of succession enabled the Rana oligarchy to capture all key civil and military posts in administration which were opened only to them (Joshi: 2053, Agrawal: 1976).

The administrative apparatus was divided into five main branches in the centre- Khadga Nishan Office (Prime Ministers' Office), Muluki-Bandobast Adda (Office for Routine Administration In-charge of the Mukhitiyar and Commander-in-Chief), Jangi-Adda (Army Head Quarters), Binti Patra Nikshari (Judicial Office) and Munshi Khana (Foreign Office) (Pradhan:1968). During the period, Pajani system- meaning promotion, demotion, transfer and removal of the civil servants was functional as the rulers were very powerful. Only after the dawn of democracy in 1951, Public Service Commission was established in 1951 and arrival of Butch Commission from India in 1954 is considered very important in reforming the civil service of the country.

Administrative Reorganization Planning Commission, under the Prime Minister- Tanka Prasad Acharya, played very important role in introducing the Civil Service along with the availability of necessary rules and regulations in the field. Following the Acharya Commission of B.S. 2013, various attempts on administrative reforms through the formation of commissions were made (Jha Commission: 2022, Thapa Commission: 2032, and Koirala Commission: 2048) in Nepal as the commissions submitted their reports with necessary recommendations. Unfortunately, even a single commission never brought the policy of inclusion to disadvantaged groups - Dalit, Mahila, Madhise and Janjati in administrative mechanism of the country. Nepali people, due to lack of democratic rights, and lack of education and awareness, could

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not even raise their voice against the recommendations of the commissions. As a result, these groups remained marginalized and deprived of representation in the civil service. Thus, during both Rana and Panchayat periods, they were deprived of congenial environment of opportunity to join the civil service and pro-marginalized civil service curriculum.

Current Status of Civil Service

Civil Service, as an administrative body, is the backbone of the country. It plays vital role in the effective implementation of the government plans and programs throughout the country. In this regard, the participation of Dalit, Mahila, Madhise and Janjati is equally important in daily administration while driving the country towards the right direction, good governance and development. Despite the minuscule size of Nepal, it is well known by its multiple features such as diversity in caste and ethnicity along with their languages, cultures and religious beliefs practices. It is natural that due to its diverse nature, the various caste and ethnic groups think over their participation in nation-building process and raise voice for their representation in different sectors of the government and demand for their identities. At this juncture, it is also noteworthy that justice, equality and equity are the basic factors to consolidate the democratic norms and values in a country like ours.

However, due consideration on the age-old practice of the exclusion of Dalit, Mahila, Madhise and Janjati in civil service was never paid by the state. As the government figures show that Janjatis have occupied only 15.7 percent of the total number in Civil Service contrary to their bigger population size comparatively consisting of 37.5 percent. Similarly, the civils service is male dominated as the number of women in civil service is only 9.1 percent where as their population are approximately 50 percent and no figure is clearly available regarding the number of Dalits whose population is 15.4 percent. There are various responsible

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reasons for the exclusion of the groups in civil service such as lahure culture introduced by the state, deprivation of education to Janjati, Dalit, and Mahila based on Hindu philosophy (Brahmin, Chhetry, Vaisya and Sudra) and lack of awareness and lack of inclusive policy of the state. Previously, in stead of giving opportunity and encouragement especially to Janjati youths to join government service, they were compelled to be lahure or recruited in British army as the British Government was extremely convinced with the performance of the Gurkhas in both First and Second World War. As noted, the British Officers used to travel the Janjati settlements of Nepal mainly in rainy season for the preliminary selection of Janjati youths for recruitment.

The Nepal Government has been lacking seriousness to understand the impact on the performance of daily activities of the Public Service Commission in absence of civil service Act. However, if the proposal consists of reservation policy (Arachhyan) is approved with clear statement, it will be helpful to the present government in providing opportunities to the disadvantaged groups as mentioned earlier.

Existing Curriculum

As mentioned above, the present figure clearly shows that representation of Dalit, Mahila, Madhise, and Janjati in the civil service is symbolic. Therefore, civil society activists, and intellectuals are emphasizing on the mainstreaming of the proposed excluded groups by providing equal opportunity to join the civil service. As a result, most of the Janjati youths prefer to join the British and Indian armies as socialized by their forefathers under the state policy, where as others for few years now are leaving for Malesiya, Korea and Gulf countries for blue color jobs. Therefore, it is unfortunate that even today, the Government of Nepal is not successful to attract the educated Mahila, Dalit, Madhise, and Janjati candidates in the civil service due to lack of favorable policies of the government. For instance neither the government nor the Public Service Commission has attempted to erase their traditional psychology in the backdrop of the extremely complicated Public Service Commission examinations. Not only this but the curriculum existed till 2049 B.S. was not friendly to Janjati and Madhise candidates as Nepali paper was given the status of compulsory paper which was/is comparatively difficult to them being their own mother tongue. It was an obstackle and an iron bar for their entry. Let the attempts go alone, Public Service Commission has not even organized consulting meetings and workshops to collect suggestions and at least to receive their preliminary approval

Despite these facts, the political scenario of Nepal has been diverted towards loktantra with the slogans of inclusive democracy and restructuring of the state. Interestingly, the government of Nepal, recently, has proposed amendment bill of the Civil Service Act with 45 percent reservation to Dalit, Mahila, Madhise, Janjati and Apanga (differently able) in the Civil Service of Nepal without objective criteria. The rationale behind the reservation of 20 percent, 10 percent, 10 percent, and 5 percent to Mahila, Janjati, Dalit, and Apanga respectively is vague with improper indicators and unsatisfactory answer. As a result, the reservation percentage, as proposed in the amendment act, has been vehemently criticized since the government has allocated the quotas without serious consultation with the stakeholders and inclusion experts. The proposed act is even obscure in absence of well-defined procedure of implementation of the reservation policy. The proposed act came into public as hot cake even due to other tricky games and received a harsh criticism among the conscious mass. As a result, the Civil Service Act proposed for the amendment has been thrown away for the time being (?) or kept in a file without being tabled in the parliament for discussion and necessary action.

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of concerning ethnic groups- Dalit, Mahila, Madhise, Apanga, and Janjati. It could develop a sense of participation to them and concerning actors of the country in developing the curriculum although it would get final shape from the approval of the subject experts. In addition, certainly a government employee under civil service should necessarily understand the contents of public administration but Public Service Commissoion should not forget that a government officer/employee should have basic knowledge of the various ethnic and caste groups, their socio-culture, language and economy and their environment without which the administration will not achieve success in a desirable way. The administration will not run smoothly in the absence of the participation of the various such groups. If a government employee doesn't know the community and people of her/his own country, how does s/he work and what do the people and communities expect from such an employee or administrator? Do they get support from local people? Can they maintain friendly relationship with local people of the district? Therefore, Public Service Commission should review the existing curriculum as it is not friendly to the various groups of the country. The commission should think over to develop a special paper on Mahila, Apanga, Janjati, Madhesi and Dalit too. And, Public Service Commission shouldn't insist them in a traditional way since the conscious people will not remain silent as before. People will certainly entertain their democratic rights provided by new constitution of the country. Thus, the present curriculum if not revised or restructured it may become gradually irrelevant and unable to produce able administrators to cope up and face the emerging challenges observable gradually together just after the dawn of loktantra established through the Janandolan II.

Moreover, this is the right time to assess the contents of present curriculum since the young and fresh candidates from

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technical service group, sometimes, attend interview without preliminary knowledge of Public Service Commission and its responsibility in selection procedure of the administrative personnel. They are confused with the independent role and status of Public Service Commission (PSC), and reasons of having examinations in Public Service Commission. Besides, the new political scenario indicates that Public Service Commission curriculum should not be static. It should rather realize its weaknesses and shortcomings and encompass both the published and unpublished comments and criticism so as to revision, update and restructure the better and acceptable curriculum. It should start homework to explore the root causes of young graduates with distinction and first class not applying at Public Service Commission.

Conclusion

Interim Constitution, introduced on the 1st Magh, 2063, is an outcome of Peoples Movement II. The Constitution deals mainly with the issue of state restructuring within which inclusive democracy and social inclusion in various sectors of the state are well mentioned. In addition, the issues like Self-governance, Human Rights, Federalism and Rights to Self Determination are the major keys of discussions among the political parties, civil societies and intellectual of the country. The emphasis of today's discussion is to bring them in all walks of life to represent and involve in nation-building process. However, there are various supporting issues of national-building process as well as strengthening democratic political system. Among such less attention-paying issues are the representation of socially marginalized groups- Dalit, Mahila, Madhise, Janjati and Apangain Civil Service of Nepal. Thus, the paper has been developed with an objective to expose the need of the revision and prepare new curriculum acceptable even to the disadvantaged groups- Dalit, Mahila,

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Madhise and Janjati and Apanga - after a series of review meetings, seminars and consultations with the curriculum experts. Based on the explored status, the study is a description of the root causes of the exclusion of the Dalit, Mahila, Madhise and Janjati in Civil Service.

Public Service Commission: From Legal Perspective

Dr. Kul Ratna Bhurtel

References Abstract Agrawal, H.N. 1976. The Administrative System of Nepal, New Delhi Vikas Publishing House Pvt.Ltd.

Since its inception the Public Service Commission (PSC) is in the forefront to select civil employees impartially. The impartial selection procedure adopted by the PSC has left no room for nepotism and favoritism. Good governance and, better service delivery is the ultimate result emanating for impartial selection of candidates by the PSC. The PSC has maintained its fair reputation as a custodian for merit system. Thus, the role of PSC is popular and hailed in Nepalese society.

Centre for Policy Research and Analysis 2007, Revision of PSC curriculum and Entry system in Gender Perspective, Kathmandu.

Geoffey, Howson Heinemann: 1972. Developing a New Curriculum, Centre for Curriculum Renewal and Educational Development Overseas, London

1. Introduction

High morale of civil employees is pre requisite for the effective governance of the country. They need to be protected from the unjust, irrational and discretionary actions from the executive. No doubt the discretionary power needs to be vested to administrators to run the administration. But it has to be duly exercised in a way according to the equity, good conscience and principles of justice. The Public Service Commission (PSC) is a body which is entrusted as a guardian of civil employees to protect them from unjust and irrational actions. The body like PSC emerged as a result in recruiting and selecting qualified employees on merit basis and providing advice to the government on the terms and conditions of service of civil employees. The PSC is seen as a body making recommendation to the government for appoint of those persons who are best among best, following a competitive examination in order to ensure the equal access of those who

JBR, Soyam P., C.B. Shrestha, and K. Ranitkar: 2061. Curriculum Planning and Practice), Vidyarathi Pustak Bhandar,Kathmandu

Joshi, Krishna.2053. Sarvajanik Prasasan: Adhunik Adhyan Ratna Pustak Bhandar, Kathmandu

Pradhan, B.M.Singh 1968: A Glimpse of Civil Service System during Rana Regime, Civil Service Journal of Nepal Nepal Public Service Commission, Kathmandu

Toba Hilda 1962: Curriculum Development: Theory and Practice Brace and World Inc. NY

Secretary, Ministry of Law, Justice and Parliamentary Affairs

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possess the prescribed qualification, capacity and experience. In Nepal, the PSC was formed on 1st Shrawan 2008 with a view to make provisions for fair competition, ensure access for all the qualified and systematize career development.

When the executive is empowered to deal with all acts from recruitment to retirement, it could raise a question of impartiality and democratic values and norms. Thus, many countries have followed a practice of forming an independent, impartial and powerful commission to make recruitment of personnel objective and impartial. The executive body is to do all acts pertinent thereto based on the advice and recommendation of that commission. Be it a developing or developed country, selection of qualified employees is made by an independent body like PSC so as to make personnel administration qualified.

2. Contribution made by Public Service Commission

In Nepal, civil employees are responsible for the operation and steering of public administration. PSC selects civil employees. There is therefore an interlinked relationship between public administration and PSC.

(a) Custodian of quality system:

The merit system is the heart of public administration In Nepal, recruitment as well and promotion of employees in the civil service is made only on the basis of competitive examination to be held by the PSC. So, the PSC remains as the guardian of the merit system.

(b) Guardian of civil employee:

Because of impartiality PSC has been the real guardian of civil employees. The PSC must be consulted for making, amending terms and conditions of service of employees, making policies on their recruitment and promotion. The PSC, therefore, gives advice so that

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policies are not made or revised as a result to render negative influence in employees.

(c) Government adviser:

The PSC may hold discussions on what sort of policies and laws are required for the reformation of civil service and give recommendation to the Government of Nepal in this respect.

(d) Complementary of good governance:

Good governance and PSC are complementary to each other. Each and every country requires employees to steer governance, who are also responsible for service delivery to the people. Particularly, in the todays changed context, the duty of the PSC is to select qualified and capable human resources from the available one and supply the same to the Government of Nepal. As a matter of fact, those who are selected impartially could deliver good governance to the people.

3. Position of PSC in Constitutional Development

The Interim Act of Government, 2007, the Constitution of the Kingdom of Nepal, 2015, the Constitution of Nepal, 2019, the Constitution of the Kingdom of Nepal, 2047 and the Interim Constitution of Nepal, 2063 have all provided about the PSC.

3.1 PSC in the Interim Constitution of Nepal, 2063:

The Interim Constitution of Nepal, 2063 in Part 14 has provisions pertaining to the PSC. The status of constitutional body is accorded to the PSC in order to ensure its impartiality. The chairperson and member of the Commission are appointed on the recommendation of the Constitutional Council.

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The term of office of the chairperson and members of the PSC is six years from the date of appointment. They can serve until they attain the age of sixty-five years. They should not be members of any political party immediately before their appointment. Holding at least Masters degree is their qualification. Moreover, the chairperson or member of the PSC may be removed from his or her office in like manner and on the like grounds as of a Judge of the Supreme Court.

Matters concerning the suitability of any candidate for appointment to a Civil Service position for a period of more than six months;

Matters concerning the suitability of any candidate for transfer or promotion from one service to another within the Civil Service ;

Matters concerning the permanent transfer or promotion of any employee working in any position which does not require consultation with the PSC to any position which requires consultation with the PSC;

3.2 Functions, duties and powers of Public Service Commission:

Matters relating to departmental action against any civil employee.

(a) Conduct examination: To conduct examinations for the selection of suitable candidates to be appointed to the positions in the Civil Service.

However, it has further provided that the PSC should be consulted on the following matters:

(b) Permanent appointment: No permanent appointment to any pensionable position in the Civil Service can be made except in consultation with the PSC.

The PSC is to be consulted on the general principles to be followed in the course of making appointment and promotion to any position of the army service, armed police service or police service; (c) Consultation:

The PSC can be consulted on the laws in force relating to the conditions of service of the employees in the service of such body and on the general principles to be followed in the course of making appointment and promotion to any position of such service and taking departmental action against any such employee. The bodies which the Government of Nepal owns or controls fifty percent or more of the shares or the assets come under this definition.

The PSC is to be consulted on the following matters:

Matters concerning the law relating to the terms and conditions of civil service;

Matters concerning to the principles to be followed in making appointments to, promotions to, the Civil Service or positions thereof and taking departmental action;

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It appears that if the selection of employees of bodies corporate can be made in an impartial and fairly in tune with the spirit of the Interim Constitution, it will boost up the morale of employees serving in such bodies; it will eventually enhance the faith of general public towards the organizations concerned.

(b) Prescription of educational qualification and curriculum: The Commission has the power to prescribe the educational qualification and curriculum on various examinations to be given by it for the fulfilment of vacancies in the civil service or posts. The Commission also decides whether any qualification awarded by any educational institute to any candidate is the qualification prescribed or equivalent to that prescribed by it.

4. Legal frameworks

In pursuance of Article 37 of the Interim Act of Nepal, 2007, the Nepal Public Service Commission was formed in 2008, followed by the Nepal Public Service Commission Act, 2009, Nepal Public Service Commission (Procedures) Act, 2009 and the Nepal Public Service Commission Rules, 2009. Similarly, Nepal Public Service Commission Proceedings Restriction Rules, 2017 were issued under the Constitution of Nepal, 2015, and the Nepal Public Service Commission (Procedure) Act, 2030 and the Nepal Public Service Commission (Procedure) Rules, 2037 were issued under the Constitution of Nepal 2019.

(c) Inspection and determination of irregularity:

The Commission may examine whether appointment, promotion and departmental action made or taken by any constitutional body or governmental body conform to the prevailing law and procedures set by the Commission or not. It may hold to be irregular such appointment made without fulfilment of the procedures set. 4.1 Nepal Public Service Commission (Procedure)

Act, 2048: (d) Cancellation of examination or advertisement:

Where any examination cannot be conducted smoothly because of any time of extraneous activities or irregularity and obstruction at examination centre, it may cancel such examination in whole or in part.

The main features of this legislation are the following:

(a) Procedure relating to providing advice: There are procedures set for providing advice by the PSC on matters such as permanent appointment to civil service, terms of civil service, appointment, promotion in civil service or post and departmental action against civil employees, purpose of, group and sub-group under a civil service, if any, to be formed.

(e) Cancellation of recommendation:

Where, owing to discovery of false information supplied by a candidate, it is required to withdraw the recommendation of that candidate recommended by the

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Commission for fresh appointment or promotion, prior to delivering the appointment letter to such candidate, the Commission may cancel such recommendation assigning the reason for the same and publish another notice.

(e) High Level Administrative Reform Commission, 2048: The role of the PSC should be made stronger.

6. Expected legal reform

Despite being in the state of suspension for some time in 2007, the PSC has, since its inception, been able to maintain its prestige as holy institution and centre of faith. The Declaration of the House of Representatives of 4th Jestha 2063 and the Interim Constitution of Nepal, 2063 make it clear the country will enter in a new era and into a federal regime. Time is ripe for the PSC to pay attention to new public management with features such as result-oriented working style, market-oriented administration, direct responsibility, competitive management like in the private sector in addition to the following matters.

5. Efforts for administrative reforms and PSC

A country lacking a strong and reliable bureaucracy has to face may problems. Thus, the PSC has also the obligation to make administration strong, people and result-oriented. Each effort to make reform in administration in Nepal appears to touch upon the issue of consolidation of the PSC. Some conclusions drawn by each commission on administrative reform are as follows: (a) Inclusive curricula should be designed in tune with

new vision:

As the Interim Constitution of Nepal, 2063 mentions that an inclusive, democratic and progressive restructuring of the State will be made, while at the same time doing way with discriminations based on class, ethnicity, language, gender, culture, religion and region, an inclusive curriculum is needed to be developed. It is necessary to get women, indigenous nationalities and Dalit communities involved in the civil service even though reservation.

(a) Buch Commission 2009: Each appointment has to be made with the consultation of the PSC and the salary and facilities of employees should be reviewed by the PSC.

(b) Administration Reorganization Planning Commission, 2013: Appointment to the post of civil service should be made on recommendation of the PSC.

(c) VedaNanda Jha Commission, 2025: Provision should be made to seek advice of the PSC while making appointment and transfer and to involve the PSC in classification of trainings, salary increment, positions coordination.

(b) Creating environment where youths can join civil service:

The attraction of youths towards the civil service is in descending trend. If they are not encouraged to join the civil service, the future can see a crisis of leadership. Therefore an attention is to be paid to

(d) Dr. Bhesh Bahadur Thapa Commission, 2032: Regular monitoring should be made whether the executive has done as per the powers delegated for appointment or not.

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make the environment for entrance of youths in civil service

In the context of Nepal, PSC remains as a gateway for those who intend to join governmental service. All qualified Nepalese people can enter from this gate without any discrimination. Thus, in order to make the prestige of the PSC, which remains as the centre of faith and reliance of all, much more transparent, fairer and timely, the governmental sector, private sector and civil society should move forward joining hands.

(c) Timely improvement in examination method:

Examination should be based on the functions relevant to the pertinent service or group. The weight-age for oral examination should be reduced. Even in an elementary examination more questions which pertain to the service or group shall be asked rather than general knowledge type of questions.

References

Interim Constitution of Nepal, 2063 (d) Making curricula pragmatic and timely:

Globalizations, development of information technology and trade liberalization have all made the globe narrower. Civil employee should prepare national policies, make negotiations and agreements with foreigners in tune with the changed world context, the curricula should therefore be kept on being pragmatic to such change.

7. Conclusion

Given that a developing country has minimum means and resources, the private sector has few employment opportunities, and the government sector remains a big employment provider. Being the government an employment provider, as well, the government should pursue a policy of providing the available employment to qualified persons selected through fair competition. In such a situation, it is not but natural that an organization like the PSC has an increasing importance until there is ample opportunity of employment in the private sector. On the other hand, no one can disregard the advocacy and truth of inclusive democracy in the globe. A competition should not only be fair but also be inclusive of all classes and nationalities.

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Parliamentary Committees and their Functional Linkages with Public Service Commission

- Bharat Gautam

Abstract

Making laws is the main function of Parliament and at the same time Parliament should also scrutinize the activities of government/ constitutional agencies in order to make them accountable. These both legislative and non-legislative functions of the Parliament have been increasing day by day. Consequently, the full meetings of Parliament are unable to perform their large numbers of businesses effectively and efficiently. In view of increasing volume of Parliamentary functions, certain numbers of Committees are constituted in almost all Legislatures in the world. Therefore, Parliamentary Committees are being the essential parts of the Legislature for its effectiveness. The Committee systems also can be seen in Nepal since its Constitutional history of 2004 BS. However, the Committees have been effective to perform their functions during the multiparty political regime. The functional linkages between the Committees and the Government/State agencies are determined on the basis of their jurisdictions. In the Legislature-Parliament, Administrative Reforms Monitoring Committee and the Public Accounts Committee have their functional relationships to the Public Service Commission.

Introduction

This article mainly highlights the reasons behind the formation of Parliamentary Committees and their functional linkages with government and other constitutional agencies. The study on the linkages between Parliamentary Committees and the Public Service Commission has been presented in order to specify the reference of functional relationships. The information used in the article is collected from both primary and secondary sources.

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Secretary Administration reform committee Parliament Secretariat.

There is no any confusion among us that Legislative, Executive and Judiciary are the fundamental organs of the state. Making laws is the major function of the Legislature. The terms Parliament, Congress and the Assembly are often used to give the meaning of Legislative body across the world. We also see the Unicameral and Bicameral Legislative systems. If the country has a single Legislative body / house that we call Unicameral and if any country has both lower and upper Legislative bodies/ houses then we define it as Bicameral system. The Parliamentary form of Legislature is famous in those countries, where the British model of political system is being followed. The current word of Parliament was developed from the Latin word Parliamentum and its meaning is to discuss on the public issues. The development of modern form of Parliament is closely associated to the history of England where this term was used for a place where the discussions of contemporary issues were taken in the 13th century. Therefore it is said that England is the mother of Parliamentary system.

Besides law making function, formation of executive and oversight to the activities of government have also become other major tasks of the Parliament along with its evolution over the years in the world. The Parliament therefore scrutinizes the policies, programs and the activities of government. In the contemporary society we see the functions of the Parliament have been considerably expanded day by day. As a consequence, Parliaments/Legislatures in their full sessions are almost unable to perform their functions effectively due to increasing volume of their businesses.

Rationale of Parliamentary Committees

In view of increasing volume of law making and other functions of Legislature, the former President of the United Sates of America, Woodrow Wilson had stated that "Congress in session is Congress on public exhibition, whilst Congress in its

Committee is Congress at work". It means, the Congressional Committees in USA operate their Legislative and non-Legislative functions very actively. The formal role and responsibilities of the Committees are defined by the Constitution. The essence of the Committee practices is that the sessions of the Congress or Parliament or Assembly are more formal. The full meetings of the Legislature do not have the sufficient time to discuss thoroughly and deeply in the Bills and other issues of public concern. Considering all these facts and constraints, it has been realized that the certain numbers of Committees in the Parliament are required to be a functional Legislature. This is the rationality behind the formation of Committees in Parliament across the world. At present, almost all Legislatures in the world have some sort of provisions for Committees to perform their legislative and non-legislative functions effectively and efficiently. Therefore, the Committees are also called "Mini Parliament" and play an important role in representatives' democracy.

S.S. More, an expert of Parliamentary practice and procedures of India, has remarked, "No Legislature can function effectively without adding of some Committees in the Parliament. The details discussion is impossible at the large meetings and too unwieldy to debate any thing but broad principle. For these reasons all democratic Legislatures elect smaller groups to discuss the matters in details and these bring the result of their discussions back to the larger body, in the House for making final decisions". According to expert More, the principle of appointing Committees is not a modern development. This practice is almost old as the evolution of Parliament itself. The British Parliament realized the needs of the Committees when its works were comparatively increasing. The Parliament was unable to hold its deliberations on every aspect and stage of the business that came before the Parliament. Therefore, British Parliament started the practice of delegating its functions to the Committees and the House of Commons begun to work collectively. Then the Committees in the

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Commons were regularly appointed for the purpose of doing Parliamentary business effectively in Britain.

To sum up, there are certain valid reasons for formation of the Parliamentary Committees- There can be details and wider discussions on the proposed Bills and other issues of public concern in Committees rather than full session of Parliament. It can be easier to build a consensus and understanding among the Members of Parliament in the meetings of Committees. Parliamentarians can work together above the interest of their parties and also beyond to their party whip in the Committees in general. There is a sufficient time for clause-by-clause discussions on the Bills in the Committees. There is an opportunity to consult the experts and stake holders of the Bills and any other issues of public interest during the law making process in the Committees. This opportunity cannot generally have in the full House of the Parliament due to the time constraints. Parliamentarians can also gain an extensive knowledge and experience in the Committees rather than meetings of the House. And the Committees can also continue their activities even if the full House is not in the session.

A Brief Overview of Committees in Nepal, Before 2047

Following the universal Legislative practice to the Committee systems in Parliaments, the Parliament of Nepal has also adopted the provisions for Committee formation. The history of the Committee systems in Nepal for the first time goes back to the Legislative Law of 2004 Bikram Sambat (here after BS). There was a provision to constitute the Governance Committees and their role was to provide required suggestions and opinion to the Government in order to govern the country smoothly. Similarly, the Interim Legislation of 2007 BS also made the provision for formation of the Bills Committee. The main role of this Committee was to hold the discussions on various aspects of the Bills presented by the Government before these passed through. The Constitution of 2015 BS that

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was oriented to the multi-party democracy had made a clear provision for making the Parliamentary Committees in Nepal in comparison with earlier Constitutions. According to the provision of this Constitution, the Public Accounts Committee, Committee on Prerogative, and the Committee on the Delegated Legislation were the main Committees in the Parliament. Again, the Constitution of 2019 BS promulgated by the King, also followed the Committee systems and there were the Social, Finance, Accounts, Water Resources, and the Development Committees in the Legislative body. The Committees were also re-constituted time and again during the Panchayat regime.

In sum, even though the broke down of the Rana regime in 2007BS, the political history of Nepal except around 16 months in between 2015-17 BS was mostly passed through the directive regime governed by the King. As a result, the Parliamentary Committees in Nepal were not so far effective in performing their jobs independently. The rulers also closely directed all Parliamentary practices and the functions of the Committees so far.

Parliamentary Committees in the Constitution of 2047

After the restoration of multiparty political regime in 2046, the democratic Constitution of Nepal 2047 BS adopted the Bicameral Parliamentary system. There were the provisions to the formation of subject Committees in both Houses-the House of Representatives and the National Assembly. Nine subject Committees (Finance, Public Accounts, State Affairs, Foreign Affairs and Human Rights, Natural Resources and Means, Law Justices and Parliamentary Affairs, Population and Social, Development and Communication, and the Committee on Environment Protection) were in the House of Representatives. Likewise there were four subject Committees (Remote Areas Development, Social Justice, Delegated Legislation, and the

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Government Assurance) in the National Assembly. In addition, there also were other business and special Committees in the Parliament.

The functions of the Parliamentary Committees in the period of 2048-2058 BS were more effective within the framework of democratic political system in real sense. However, there were also some allegations that could be seen in the Medias to the Parliamentary Committees over the years for being extra judicial in performing their functions in some cases. Meanwhile, the House of Representatives was dissolved in 2058 and whole Parliamentary form of governance including the activities of Committees begun to face a serious setback. In the meantime the democratic political order was replaced by the direct rule of the King again in the political history of Nepal. However, the King's direct regime could not drive the nation in the right way and all political forces called for the civil movement against the King's regime. Finally, the people's movement of April 2006 resulted to the reinstatement of the House of Representatives and the functions of the Committees were also resumed in the Parliament.

Committees in the Legislature-Parliament, 2063

The mandate of the second people's movement was to end a decade long armed conflict through the political means. To achieve this common goal, Interim Constitution has already been promulgated and it has adopted the Unicameral Parliamentary system in the country that is called the Legislature-Parliament. The Interim Constitution of Nepal, 2063 BS in its Article 58 has made the Constitutional provision for the formation of Committees in the Legislature-Parliament. In accordance to the Constitutional mandate, the Rules of the Legislature-Parliament, 2063 has set up the fourteen subject Committees (Rule:181) which are as follows; Public Accounts Committee, Committee on Finance, State Affairs Committee, Administrative Reforms Monitoring Committee, Foreign Affairs

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Committee, Committee on Natural Resources and Means, Committee on Agriculture and Co-operatives, Committee on Education, Health and Population, Committee on Law, Justice and Parliamentary Affairs, Committee on Physical Infrastructure and Development, Committee on Environment, Communication and Technologies, Committee on Human Rights and Social Justice, Committee on Labor and Industrial Relations, and the Committee on Planning and Autonomous Governance.

In addition to these subject Committees there are other seven special Committees in the Legislature-Parliament which are- Special Committee on Security, Parliamentary Hearing Special Committee, Special Committee on Monitoring of Arrangement to the Election of the Constituent Assembly, Special Committee on Monitoring of Implementation of the Peace Agreement, Special Committee on Monitoring of Rehabilitation of the Conflict Sufferer and Supports Mobilization, Special Committee on Restructuring of the State, and the Special Committee on Economic-Social Transformation.

Linkages between Parliamentary Committees and Public Service Commission

The main objective of the formation of Committees is to make the government accountable and answerable to the Legislature-Parliament. To meet this broad objective, Committees are responsible for monitoring and evaluation of the activities and the functions that have done or to be done by the government in order to make them transparent. In order to make the government accountable, another major task of the Legislature-Parliament is to oversight the policies, programs, and the activities of the executive and other state agencies as a whole. The Legislature-Parliament completes these broader responsibilities through its Committees. Therefore, each and every portfolio of the Ministries and Constitutional Bodies are

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covered within the jurisdictions of the Committees concerned. The functional linkages of the Committees and the Government/State agencies are determined on the basis of jurisdictions of the respective Committees. Looking at the existing jurisdictions of the Committees mentioned in the Rules of the Legislature-Parliament, there are two Committees that have their direct functional linkages with the Public Service Commission i.e. Administrative Reforms Monitoring Committee and the Public Accounts Committee.

I. Administrative Reforms Monitoring Committee and Public Service Commission

According to the Rule 181 of the Legislature-Parliament, jurisdictions of the Administrative Reforms Monitoring Committee cover the functions of the Ministry of General Administration, Commission for the Investigation of Abuse of Authority, Public Service Commission, and Public Administration in general. The functional linkage of the Administrative Reforms Monitoring Committee with the Public Service Commission has been made further clearer on the Rule 191. According to this Rule, it is a mandatory provision for the Committee to present its own report in the House after the Committee completes its discussions on the Annual Reports of the Public Service Commission including other activities. The Committee is also responsible to hold its discussions on the memorandum presented by the Government on the Report of the Public Service Commission. The Committee also scrutinizes whether the functions of the Public Service Commission and the Government have been performed or not in according to the existing laws of the country.

The Administrative Reforms Monitoring Committee is a legislative Committee that primarily deals with the Bills, is responsible for the discussions if any Bill is related to the Public Service Commission, Civil Service and public governance. Before the formation of Administrative Reforms Monitoring Committee in the Legislature-

Parliament, aforementioned jurisdictions of the Committee were under the jurisdictions of the State Affairs Committee. The State Affairs Committee had already completed its discussions up to the 40th Annual Reports of the Public Service Commission in 2057 BS. Meantime, the House of Representatives was dissolved in 2058 BS along with the dissolution of the House of Representatives; activities of the State Affairs Committees were not in operations.

Following the revival of the House of Representatives, the State Affairs Committee was also reconstituted in early 2063. The Committee had held its discussions with the Chairman and other Members of the Public Service Commission on the functions and other activities of the Public Service Commission in general after a long interval. The Committee had also held its meeting with the representatives of the Commission in the process of collecting suggestions opinion during the general discussions on the Second Amendment Bills of the Civil Service Act proposed by the Government and other issues related to the Civil Service. There are more than half dozen Annual Reports of the Public Service Commission submitted in the Legislature-Parliament and have been recently come to the ipso facto jurisdictions of the Administrative Reforms Monitoring Committee of the Legislature-Parliament. The Committee will begin its discussions on the Annual Reports and other activities of the Commission as per its working schedule. Looking at the jurisdictions of the Administrative Reforms Monitoring Committee and its functional relationships to the Public Service Commission, there are a number of opportunities to both the institutions-Committee and Commission to work together in order to make the administrative machinery more dynamic and service oriented.

II. Public Accounts Committee and Public Service Commission

There is also another functional linkage between Public Accounts Committee and the Public Service Commission. Public Accounts Committee is only non-Legislative subject

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Committee in the Parliament that means this Committee does not ever discuss on the Bills. The Public Accounts Committee is responsible for maintaining financial discipline in the public sector. In view with this broad responsibility, the major task of the Public Accounts Committee is to hold discussions on the Annual Reports of the Auditor General. In this connection, if there are any financial irregularities of the Public Service Commission mentioned in the Reports of the Auditor General, then it comes to the functional jurisdictions of the Public Accounts Committee. The Committee then can call the Secretary of the Commission and jointly discuss on the matters of financial irregularities of the Public Service Commission.

The Public Accounts Committee and the Public Service Commission had completed their discussions on the irregularities mentioned in the Annual Reports of the Auditor General up to 2057 BS. Meanwhile, along with the dissolution of the House of Representatives in 2058 BS, the Public Accounts Committee was also not in exist. Almost four years later, Public Accounts Committee was reconstituted in the reinstated House of Representatives. However, it could not begin its discussions on the financial matters of the Public Service Commission mentioned in the Reports of the Auditor General due to time constraints. In the meantime, the Interim Constitution has already been promulgated on the process of political reconciliation in the country and the Public Accounts Committee has been formed in the Legislature-Parliament with its new leadership. Therefore, the functional linkages between the Public Accounts Committee and the Public Service Commission would be resumed soon to fulfill their respective role and responsibilities in maintaining financial discipline in the public sector from their own sides.

Conclusion

Formation of Parliamentary Committees is an international practice since the evolution of modern form of Legislatures. We see the Committee systems in both Unicameral and Bicameral

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Legislature in the world. The central logic of constitution of Committees is that the full sessions of Parliament are more formal and there is a time constraint for details discussion on the Bills and other issues. Therefore Parliaments form the Committees to perform their law making and other Parliamentary functions in an effective way. Generally, Bills presented by the government are sent to the concerned Committees for clauses by clause discussions. In real sense Parliamentarians are engaged in the Committee meetings rather than house. Therefore, Committees are considered as Mini Parliament, it means these are the essential parts of the Legislature. Without having Committees, Parliamentary functions cannot be effective.

Nepal has also followed the Committee systems since its Constitutional and Parliamentary history. However, the Committees have been effective to perform their functions after the restoration of Parliamentary democracy in 2047. At the same time, Committees have also faced many ups and down along with the disconnection of the Parliamentary practices in Nepal. In the light of latest political development in the country, the Interim Legislature-Parliament and its fourteen subject Committees are formed in order to make the government accountable. The Administrative Reforms Monitoring Committee and Public Accounts Committee in the Legislature-Parliament have their working relationships with the Public Service Commission. One of the major jurisdictions of the Administrative Reforms Monitoring Committee is to discuss on the Annual Reports of the Public Service Commission. Likewise the Public Accounts Committee holds its discussions on the financial irregularities of the Public Service Commission mentioned in the Auditor General Reports. Therefore these two Committees of the Legislature-Parliament and the Public Service Commission have their own functional relationships each other. There is a good opportunity to these institutions in order to make the public administration more capable, efficient and economized in the changed context.

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References

Annual Reports of the State Affairs Committee

Annual Reports of the Public Accounts Committee

Constitution of the Kingdom of Nepal 2047 BS

Dhungana, Daman Nath: 2051, Institutional Development of Parliaments and Role of the Committees, Workshop Paper

Interim Constitution of Nepal, 2063

More, S.S:1960, Practice and Procedures of Indian Parliament,

Rules of the House of Representatives, 2054

Rules of the Legislature-Parliament, 2063

Singh, Top Bahadur: Nepalese Constitution and Constitutional Laws, Book, 2041 BS Upreti, Bishnudutta: 2054 BS, Comparative Study of the Committee System in South Asia

William, J.Keefe and Morries S.Ogul, 1993, The American Legislative Process

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Public Service Commission in the Interim Constitution, 2007 and its Future Agenda

- Rabindra Shakya, PhD1.

Abstract

This article tries to highlight some of the issues that need to be taken into account to emphasize merit-based appointment and promotion system - the hall mark of the quality of the civil service system. In addition, the author has singled out other significant areas where further efforts need to be built upon through research and specific studies apart form the conventional areas to be able to address the needs of the civil service in terms of augmenting its competency in the changed political context.

I. Introduction

1.1 Change is inevitable in human life and so is in the life of an institution. This is no less true in the history of a nation also. At a time when the entire country is undergoing fundamental changes in terms of its political restructuring, it is but natural that government agencies also undergo changes in terms of their role and responsibilities.

1.2. The constitutional development of the country has a long history in Nepal. So far Nepal implemented as many as five constitutions. In these constitutions, the Public Service Commission (PSC) featured as an integral element. In this context, following the reinstallation of multi party democracy in 1990, new constitution- The Constitution of the Kingdom of Nepal,

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1 The author is the former Secretary of the Public Service Commission. He has been writing quite often on development and governance issues of the country.. He can be accessed on: rks@rksmail.wlink.com.np.

1990 - was promulgated and came into force. Part XIV. Art. 101 of the Constitution, provided for Public Service Commission with "A chairman and such number of other members as may be required". They are appointed by His Majesty the King on the recommendation of the Constitutional Council, consisting of the Prime Minister as Chairman and the Chief Justice, the Speaker of the House of Representatives, the Chairman of the National Assembly and the Leader of the Opposition in the House of Representatives (Annex 1).

1.3. PSC has remained effortful to improve the efficiency of the civil service through inculcating the culture of meritocracy in Nepalese administration. Over the years, PSC has been carrying out its efforts for reform measures to maintain quality and its image. PSC has now continued to carve its own image as an impartial, neutral and dedicated agency, even though the country undergone significant changes under different political regimes. At the same time, PSC has been introducing reform measures for maintaining the integrity of the civil servants as well as for improving its own efficiency. PSC is probably the only agency which has remained far from the subject of political influences in its business, despite that the Commissioners are appointed at the highest political level. Its integrity has remained uncompromised so far. The Commission was able to bring about improvement in its operation and procedures, based on its own experiences. For the most part of the rules and regulations that it has been pursuing over the years are largely home grown. Its responsibilities and work volumes have also been increasing. In 2005/06, the Commission received as many as 90,350 applications (women applicant 22.8

percent) for different posts in the government, out of which the Commission recommended 1,805 candidates (46th Annual Report). The PSC has been responding to the request of the government agencies asking for its advice to award punishment or for departmental action. The number of such advice which the PSC gave in 2005/06 amounted to 338 cases. and so on. The usual work of the Commission to formulate and update curricula has continued. The Commission has also to devote its resources to respond to the Supreme Court notice to clarify its position. The number of such cases was 72. Likewise, the gap between advertisement of the positions published and the recommendations made varies from a low of 6 months to a high of 27 months, depending upon the number and the nature of the positions to be filled in. The following table highlights the work load of the Commission during 2002/03 and 2005/06. The table points out that the number of advices requested for Departmental action and the writ petition has increased over the years. It is amidst this trend that the Interim Constitution, 2007 came into existence in the country.

S.N. Descriptions Unit 2002/03 2005/06

3. Applications received No. 94,610 90,350

4. Questions papersformulated

No. 590 1,466

5. Candidatesrecommended

No. 3,725 1,805

6. Advices provided for Departmental action

No. 190 338

7. Written responses to writ petition

No. 46 72

8. Curriculum designed No. 44 43

Note: Those figures are only for the central office of the Commission.* The highest gap was with regard to Joint-Secretary level fishery expert. Those not recommended are not included in the figures.

Memoranda items

2002/03

i. No. of positions approved for PSC 319 Table 1 ii. No of positions filled in PSC 304 Some Indicators of the Performance of PSC, iii. Annual budget (Rs. in thousand) 71,318 2002/03 -2005/06 iv. Budget released (Rs. in thousand) 65,764 (92.2

% of the total annual budget) S.N. Descriptions Unit 2002/03 2005/06

1. Vacant positions No. 2,111 2,812

2. Gap betweenadvertisement of the posts and the recommendations made

Months - 6- 27*

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v. Actual expenditure (Rs. in thousand) 65,696. (99.9 % of the released amount)

2005/06

i. No. of positions approved for PSC 316

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ii. No of positions filled in PSC 281

iii. Annual budget (Rs. in thousand) 94,420

iv. Budget released (Rs. in thousand) 89,802(95.1 % of the total annual budget)

v. Actual expenditure (Rs. in thousand) 89, 758. (99.9 % of the released amount)

Source: Forty-four and Forty-Seventh Annual Reports of the Commission (in Nepali) 2003 and 2006, Kathmandu.

1.4. Past efforts for reforming PSC took place both with external support and. domestic resources. The important attempt included the Piyamada Report supported by UN (November 1995). The year 1995 proved to be one of the landmarks in terms of efforts to bring about reform of the Commission's working for at least two reasons. The first is that two studies were supported by bilateral donors, thus opening the way for the bilateral countries to come forward to assist the Commission. The Commission also featured as a probably candidate in the list of the bilateral donors. Secondly, these studies also provided a strong basis for further reform measures to be carried on subsequently. During that time, two different studies were undertaken - the Suwal-Pant study undertaken with support from Royal Danish Embassy , Kathmandu, (November, 1995),and the Hulme McCourt Study (October, 1995)2 supported by the British government. Another study that followed was Institutional Support for Governance Reform3 supported by Asian

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2 Both of these studies were undertaken during the author's tenure as Secretary of the Public Service Commission.

3 The present author served as manpower expert in that project executed by P.D.P Australia Pty Ltd.

Development Bank (November, 2002) which contained recommended measures for PSC also for bringing about its effectiveness through improving the curricula, implementing measures for increasing women's share in civil service, introducing Nepali and English as mediums of examination, etc. Some of these recommendations have already been implemented while others are still awaiting implementation. It is my feeling that if the Commission takes an initiative to revisit those recommendations and try to implement what is relevant and useful, with or without revision, and get these gradually reflected in its calendar of operation for implementation, it will be a right step towards the utilization of all scare resources - time, human and financial - used by the Nation in the preparation of these reports. These are some examples of the efforts the Commission took to bring about improvement in the PSC.

1.5. Improvements were also continued with domestic resources. At the initiative of the present chairman, several works were undertaken. I remember presenting a paper on "Present Problems and the Areas of Reform" on the occasion of 55th anniversary of the Commission (June 13th, 2005). The one day seminar was organized as a part of the effort to initiate reform measures in the Commission's activities. Likewise, under the direction of the Commission Member Ms. Bijaya K.C., several internal guidelines have been revised and improved. These include those relating to formulation of questions papers and moderation, the examination of answer copies, interview technology and so on. A Task force was constituted with Member Dr. Bhim Dev Bhatt as coordinator and the Task Force included Commission Member Dr. Shri Krishna Yadav

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and other staff as members, with the responsibility to suggest improvement in the examination system of the Commission and guidelines related thereto4. The efforts for reform continue and so is the zeal and enthusiasm for it.

1.6. Following the successful historic Jana Andolan, the country has an interim constitution. Part XIII of Nepal's Interim Constitution, 2007, makes a provision for Public Service Commission. As compared to the earlier provisions of the Constitution of the Kingdom of Nepal, 1990, the Interim Constitution, 2007 includes some new provisions, some similar but modified provisions with regard to the functions, duties and responsibilities of the Commission.

1.7. As regards, the composition of the Commission, contrary to the earlier provision, at least one-half of the members of the Commission are to be appointed from persons who have worked for twenty or more years in any government office, and the rest of the members from persons, who have done research, investigation, teaching or any other significant work in fields such as science, technology, art, literature, law, public administration, sociology, or any other sphere of national life and who hold a high reputation. In the earlier Constitution, the minimum years of experiences were fixed at ten years or more. Similarly, fields such as Technology, Public Administration, and Sociology were not enumerated. ( Annex I).

1.8. The duty of the PSC is to conduct examination for the selection of suitable candidates to be appointed to civil services post. There has been no change in the duty of

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4 The author was one of the members of the Task force. These attempts are mentioned as examples only and are not exhaustive.

the Commission. The provision that no person will be appointed permanently in the civil service positions except in consultations with the Commission continues.

1.9. However, as has been defined in the Interim Constitution, 2007, the Commission will be consulted on:

i. matters concerning the law relating to the conditions of service of the Civil Service;

ii. the general principles to be followed in the course of appointment to, and departmental action concerning the Civil Service or positions;

iii. matters concerning the suitability of any candidate for appointment to a Civil Service position for a period of more than six months;

iv. matters concerning the suitability of any candidate for transfer or promotion from one service to another within the Civil Service or from any other Government Services to the Civil Services;

v. matters concerning the permanent transfer or promotion of any employee, working in any position of an organization which is not required to consult with the Public Service Commission on matters of appointment, to any position for which consultation with the Public Service Commission is required; and

vi. matters relating to departmental actions proposed against any Civil Servant.

1.10 It is now mandatory to seek the advice of the Commission with regard to general principles to be followed while recruiting and promoting army, armed police force or police force personnel and in other

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government positions. This is one of the desirable provisions of the Interim constitution.

1.11 Likewise, the Commission, if so wishes, can offer advice, if the public enterprises chooses to seek one from the former on general principles to be followed with regard to the prevailing law relating to the terms and conditions governing the staff of such enterprises and with regard to procedures to be followed while appointing, promoting and taking disciplinary action. The intention of this provision of the article appears to be that public enterprises are not bound to seek advice from the Commission nor is the latter bound to offer one. The article at best is likely to be discretionary5. But this provision falls short of what is required to bring back the operation of the public enterprises on the road to efficiency. Indeed, the term Public Service Commission suggests that its domain should include both the government agencies and the enterprises where the stake of the government exceeds more than fifty-one percent. Nowhere is the political influence with less or without regard to principles of merit and neutrality has so often been prevalent and the norms so often been violated as in the nomination, recruitment and promotion of the staff in Public Enterprises. The cumulative impact of such a practice has shown that out of the 38 state owned enterprises; only 20 were

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5 While the present author was serving as the Secretary of the Commission, he remembers receiving calls form the responsible Officers of the Public Enterprises to take over the responsibility of appointing and promoting staff in such agencies by the Commission so that they will be free from undue political pressure to appoint and promote those with access to political parties which has threatened their career on the one hand and has prevented less competent or less deserving candidates to get appointed or promoted based on non-merit considerations, on the other.

operating in net profit whereas the remaining 18 enterprises were operating in losses in 2003/04. The government received as dividend only 2.58 percent of total share investment. One of the reasons for this colossal loss is because of the weak management in these enterprises and almost every body would realize that one of the strong reasons for the weak management in these enterprises is the result of the political intervention in the recruitment and the promotion of the staff.

1.12. Another significant provision of the Interim Constitution is that the Commission is bound to submit its Annual Progress Report to the Prime Minister who will arrange the Report to be produced before the Legislative Parliament for its consideration. Section two of the Article 127 of the Interim Constitution, 2007 lays down in detail what needs to contain in the Annual Report. The Report needs to contain, inter alia, the information on yearly performance relating to;

1. examinations undertaken to select appropriate candidates,

2. those candidates who passed the examinations,

3. the advice offered to various institutions, and on disciplinary action against the staff, including for punishment, and whether the advice given are followed or not,

4. the recruitment, promotion and disciplinary action against the staff and their description, and

5. the future reform measures for civil service.

6. This enumeration in terms of the contents of the Report has its implications both on the functions

and responsibilities of the Commission. The last item assumes important in the context of civil service reform.

7. At present, the Annual Reports of the Commission cover almost all those enumerated mentioned above. The Reports even include feasible measures that need to be adopted to deal with the problems for improving the performance of the civil service in general as well as for improving the efficiency of the Commission but these measures are seldom paid attention to by the government or are adopted for implementation. As a result, these measures feature again and again in the Annual Reports, thus reducing the value of the Reports to a mere ritualistic document. There are very limited areas that the Commission can do on its own without the initiative being taken by the government. Nonetheless, the Commission's Reports need to continue highlight such issues that are hampering the performance and the efficiency of the Nepal's civil service and the Commission.

8. The Constitutional Council to be met under the Chairmanship of the Prime Minister with Chief Justice, Speaker of the Legislative Parliament and other three Ministers to be named by the Prime Minister has the responsibility to recommend candidates for appointment to the constitutional posts. The Prime Minister makes appointments to these positions. But the fact remains that it is the proximity and linkages with the political parties that determine the probability of a candidate for the appointment -

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a trend that prevailed in pre- Jana andolan period. The practice to divide positions among political parties does not augur well for the competent, skilled and more qualified neutral civil service to emerge.

II. Post Jana Andolan governance situation

2.1. Till the time of writing this article, it is still uncertain how long Nepal will have to rely on the Interim Constitution for new governance principles and rules and regulations to come. Despite repeated commitments by the government to held election, the date of Constitutional Assembly election still hangs on in uncertainty and when will the New constitution to be formulated and when will it come into force for New Nepal are equally unknown. But amidst this uncertainty, what is certain is that the government now or in future is or will be under tremendous pressure to demonstrate tangible improvements in all aspects of national life. The citizenry has urgent and pressing needs arising from the slow performance of the economy caused largely by political factors. The post-democratic movement situation has further created price rises and unemployment to an extent that people find it largely difficult to lead a good life. However, the post-democratic movement situation is now not in a condition to deliver, since administration is all but incapacitated. While the temptation is to avoid the painful reforms in a politically precarious situation, and the argument is often made to focus on holding Constitutional Assembly election as a prerequisite to civil service reform, it is nevertheless important to launch the process of reform soon. The sooner, the best and concomitantly.

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2.2. Civil service reform including the reform of its structure and functions at the national and the local levels in the context of overall movement from unitary form of the government to the federal structure, along with the composition, policies, and the size of the civil services, are all basic issues of central importance to the process of reinvigorating civil service system in the country. In view of the extreme political uncertainty, political considerations pervade all aspects of governance. The lack of explicit commitment to de-politicize the civil service has been followed by indications towards the complete politicization of the entire civil service6. It is in this context that the role and the function of the Public Service Commission in the changed political context become all the more important to safeguard Nepal's civil service from political influences.

2.3. The present Nepalese Civil Service System is characterized by the following features:

i. the existing civil service rules and regulations now not in full operation while the proposed amendments are waiting for final endorsement from the government;

ii. A highly politicized civil service, deeply divided along the political, ethnic and other lines;

iii. Pay too low to attract staff or avoid corruption-through-despair (i.e. pay below subsistence level);

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6 It has been reported in the press that each of the political parties wants those as Secretaries of the Ministries in the government who are the sympathizers of the party the Minister is from or from among those having some link with party the Minister is from. This seems to strike at the very root of politically neutral civil servants and to all other values the nations spent over more than half a century to build.

iv. poor definition of jobs and functions, inadequate and obsolete rules for recruitment;

v. ineffective mechanism to monitor the performance of the civil servants;

vi. lack of convergence between institutional and career goals,

vii. lack of effective reward management;

viii. A general lack of discipline among the civil servants

ix. Key skills absent in many of the agencies such as e-governance; and an inappropriately staffed civil service and

x. a lack of information about the civil service and staff to undertake analytical research studies.

2.4. These problems need to be dealt with appropriate policy instruments but the lack of capacity in the staff of the Commission appear as effective constraints to undertake such studies and , based on such studies, suggest reform measures.