Issues on

Public Service Commission

Computer Setting: Computer Unit, PSC

Public Service Commission

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Fax. No. 977-1-4419885 Public Service Commission Tel. No. 4414148, 4419887, 4412843, 4423365 Kamalpokhari Email: [email protected] , [email protected] (for Article) Web site: www.psc.gov.np 2064 (2007) Kamalpokhari, Kathmandu, Nepal

- 1 - - 2 - EDITORIAL Contents

Public Service Commission is publishing "Nijamati Sewa Patrika" (Civil Service Journal) in a regular basis. Besides this, S.N. CONTENTS AUTHORS PAGE 1 Public Service Commission at a PSC has endeavored to publish this English edition in its 57th - Glance anniversary day. In this publication altogether thirteen articles 2 Curriculum Of Public Service have been incorporated which might help the august readers to Commission: Inclusive Or As It Is? Dr.Ga nesh Man Gurung understand present status and issues of PSC. We believe that 3 Public Service Commission: From the concerned readers will be benefited from this publication as Legal Perspective Dr. Kul Ratna Bhurtel there are different articles written on the subject. 4 Parliamentary Committees And Their Functional Linkages With The opinions expressed in articles will be those of authors and Public Service Commission Bharat Gautam 5 Public Service Commission in the not necessarily reflect the opinions of the Editorial Board. Interim Constitution, 2007 andit s Future Agenda Rabindra , Ph.D. The Editorial Board expresses its sincere thanks to all the 6 Public Service Commission: New authors for contributing their valuable articles. Thanks are due Role In The New Millennium Sharada Prasad Trital to Mr. Rabindra Shakya, PhD, the former secretary of PSC, for 7 Revitalizing Nepalese his pious opinion in bringing out this volume. Lastly, the Bureaucracy: Is Public Service Editorial Board appreciates all those who contributed to make Commission Ready ToAd dress New Challenges? Ram Babu Nepal this publication 'Issues on Public Service Commission' out 8 Administrative Challenges And in time. Department of Printing Press, , Public Service Commission Arjunmani A. Dikshit Singh Durbar, deserves thanks for publishing this document. 9 Role Of Public Service Commission In Promoting Rights- Based Approach To Development Dhruba Nepal 1 Ashad, 2064 EDITORIAL BOARD th 10 Redefining The Role OfPu blic (15 June 2007) 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.Sh ambu P. Khanal 13 Public Service Commission- Challenges And Opportunities Narayan Prasad Kaphle

- 3 - - 4 - Army Officers or Soldiers and the service and positions Public Service Commission of Armed Police or Police personnel, and such other at a Gl ance services and positions as are excluded from the Civil Service or positions by any law.

(2) Permanent appointment to any position in the Civil Introduction Service which carries the benefit of pension shall not be made except in consultation with the Public Service Public Service Commission (PSC) was established in Nepal on Commission. 15 June 1951 A.D. The Commission is involved in selecting meritorious candidates required by Government of Nepal for (3) The Public Service Commission shall be consulted on various vacant posts of the civil service. The continuity of PSC the following subjects: has never been hindered since its establishment. Present a) matters concerning the law relating to the conditions 2007(2063 BS) has designated the of service of the Civil Service, Public Service Commission as an independent constitutional b) the general principles to be followed in the course of body. appointment to, promotion to, and departmental Composition action of the Civil Service or positions, c) matters concerning the suitability of any candidate As per Article 125 of the Constitution, there shall be a Public for appointment to a Civil Service position for a Service Commission Nepal. The Commission consists of a period of more than six months, Chairman and Members as may be required. The Chairman and members of PSC are appointed for 6 years. The Chairman d) matters concerning the suitability of any candidate and members may be removed from their offices on the same for transfer or promotion from one service to grounds and in the same manner as has been set forth for another within the Civil Service or from any other removal of a judge of the Supreme Court. Government service to the Civil Service, e) matters concerning the permanent transfer or Functions, Duties and Powers of the Public Service promotion of any employee, working in any position Commission of an organization which is not required to consult (1) It shall be the duty of the Public Service Commission to with the Public Service Commission on matters of conduct examinations for the selection of suitable appointment, to any position for which consultation candidates to be appointed to Civil Service posts. with the Public Service Commission is required, and Explanation: For the purposes of this Article, all f) Matters relating to departmental actions proposed services and positions in the Government of Nepal shall against any Civil servant. be deemed included within the Civil Service, except

- 5 - - 6 - (4) Notwithstanding anything contained in clause (3) make arrangement to submit such reports before above, matters falling within the purview of the Judicial Legislature-Parliament. Service Commission pursuant to Article 114 shall be (2) The annual report to be submitted in accordance governed by that Article. with clause (1) above, shall contain, inter alia, the (5) The Public Service Commission shall be consulted for description on the examinations conducted by the the general principles to be followed in the course of Public Service Commission throughout the year for appointment to and promotion of the Military Service, selecting candidates, candidates succeeded in such Armed Police Service or Police Service. examinations, advice provided to various agencies, consultation rendered with regard to departmental (6) The Public Service Commission may provide an advice, action and punishment to Civil Servant and the if requested by any Public Enterprises, with regard to follow-up thereto, consultation provided, if any, for the prevailing law relating to the terms and conditions of the application of the general principles to be service of their employee, and with regard to the followed in the course of appointment to, promotion general principles to be followed in the course of to, and departmental action concerning the appointment to, promotion to, and departmental action Government Service, and the matters relating to the of such Services. reforms of the Civil Service in the future. Explanation: For the purpose of this Article the word “Public Enterprises” means any corporate body in Process of Selection which the Government of Nepal owns and control more The Public Service Commission conducts examinations for than fifty percent of the shares or the assets. selection of candidates as per the Public Service Commission (7) The Public Service Commission may delegate any of its (Procedure) Act, 2048 B.S. using one or more methods of functions, duties and powers to any of its members, a selection as follows: committee of such members or any employee of the a. Open competitive written examination, Government of Nepal, to be exercised and complied b. Open competitive practical examination, with the conditions as specified. c. Selection, (8) Subject to this Constitution, other functions, duties and working procedures of the Public Service Commission d. Interview and, shall be as determined by law. e. Any other methods adopted by the Commission. Annual Report: In order to carry out selection process, the Commission publishes vacancy announcement for the concerned (1) Each year, the Public Service Commission shall candidates in its weekly bulletins published every Wednesday submit to the Prime Minister an annual report on the as well as in the "Gorkhapatra", a national daily. The works it has performed, and the Prime Minister shall Commission has also adopted an annual calendar of operation - 7 - - 8 - of its activities which incorporates all the details of phases of The Chairman presides over the meetings of the Commission, the selection process. In order to maintain fairness and co-ordinates the activities assigned to its members & issues impartiality in the selection, the commission has adopted a policy directives as required. system of "multi-blinds" in which setting and moderation of questions, checking of answer sheets, conduction of interviews Secretariat: as well as result of written examinations and interviews are carried out in a manner that officials involved are kept in S.N. Position Name Residence Office anonymity to each other. Mr. Kumar Prasad The PSC maintains a pool of experts and specialists for the 1. Secretary 4434478 4415762 purpose of selection. They are assigned to the specific Poudel selection tasks in a confidential manner. The PSC has also initiated the process of screening for certain posts where Chief Dr. Niranjan Prasad 2. 4436257 4443033 numbers of candidates are high. The candidates have to get Psychologist Upadhyaya through the preliminary examination in order to appear in the main examination. Joint Mr. Madhav 3. 4473995 4423364 Secretary Prasad Dhakal Organizational Set Up

At present, the commission has a chairman and four members. Joint Mr. Surya Prasad 4. 9841520289 4423365 The names, designation and telephone numbers are as Secretary Adhikari follows:

The Secretary is the Executive head of the Commission Mr. Tirtha Man Sakya Secretariat and carries out following functions: Rt. Honourable Chairman • Implement the decisions of the Commission into the Tel: 4410910 (Off.) 5522467, (Res.) effect, and Mobile: 9851026534 • Monitor, co-ordinate and control the administrative and Mrs. Urmila Dr. Bhimdev Dr. Ganesh Man Dr. Shree fiscal activities of the Commission in conformity to the Shrestha Bhatta Gurung Krishna laws currently in force. Honourable Honourable Honourable Honourable In the Central Secretariat, there are three important Member Member Member Member divisions through which the entire function of the Tel: 4442392 Tel: 4419881 Tel: 4419880 Tel: 4419882 Commission is carried out. They are: (Off.) 4228267 (Off.) 4430725 (Off.) 4331494 (Off.) 5520278 (Res.) (Res.) (Res.) (Res.) 1. Examination & Recommendation Division,

- 9 - - 10 - 2. Policy, Regulation, Complaints, Advice & Inspection Regional Zonal Offices: Division and Directorates: 3. Testing Methodology, Curriculum & Publication Division. Birendranagar, Tel: 082-520013 Surkhet. Tel: 083- The Central Secretariat of PSC is located at Kathmandu. It has 521803 8. Karnali Zonal Office, Khalanga, five Regional Directorates and nine Zonal Offices functioning Jumla throughout the Kingdom. They are located as follows: 5. Far Western Tel: 087-521209 Regional Regional Zonal Offices: Directorate, 9. Mahakali Zonal Office, Directorates: Rajpur, . Tel: Mahendranagar, Kanchanpur. 094-440147 Tel: 099-520008 1. Eastern Regional 1. Mechi Zonal Office, Ilam Directorate, Tel: 027-520062 Personnel Status: Debrebas, There are 316 employees functioning at Central, Regional Dhankuta. Tel: 026- 2. Sagarmatha Zonal Office, Diktel, Directorates & Zonal Offices of PSC. 520151 Khotang Tel: 036-420177 2. Central Regional Directorate, 3. Zonal Office, Jaleshwar, Anamnagar, Mahottari, Tel: 044-520147 Kathmandu. Tel: 01-4771214 4. Narayani Zonal Office, , Makwanpur, Tel: 057-520302 3. Western

Regional Directorate, 5. Zonal Office, Pardi, , Butwal, Rupandehi Kaski. Tel: 061- Tel: 071-540207 520506 6. Zonal Office, Baglung 4. Mid Western Tel: 068-520147 Regional Directorate, 7. Rapti Zonal Office, Tulsipur, Dang

- 11 - - 12 - be continually assessed and improved based on the Curriculum of Public Service assessment to keep it in harmony with changes observable in Commission: the society. It is important to bring timely improvements and updates in the curriculum as it is counted as input and efficient Inclusive or As it is? manpower as output. On the other hand, it should be furnished based on the demand of time, political situation of the country Dr. Ganesh Man Gurung 1♠ and goals of the state. Abstract In this regard, curriculum in the context of Public Service Commission (PSC), one of the constitutional bodies of Based on the theoretical ground that a curriculum, in general, should Nepal, refers to the totality of activities and experiences not be rigid and static, Public Service Commission (PSC) should be serious for reviewing and updating or restructuring of the curriculum planned with a view to achieve the goals and objectives as a new political environment with the concept of state restructuring targeted by Nepal Sarkar (the Government of Nepal). has been emerged. It should start a home work to explore the root The curriculum development, therefore, is a persuasive causes of young graduates with distinction and first class not applying activity which should be sensitive to time and place at Public Service Commission to join civil service (Heinemann: 1972). In context to this theoretical Introduction background, this is the right time to say that Public Service Commission (PSC) requires to be serious for The word- curriculum- is derived from the Greek word- reviewing and updating or restructuring of the curriculum currere- which means to run. (JBR, Shrestha and as a new political environment with the concept of state Ranjitkar: 2061). Adding ideas to the present context, we restructuring has been emerged. While Public Service can explain curriculum as a race course and education or Commission is mentally prepared to develop better learning as an act of running. Curriculum has been curriculum, there are certain questions for consideration expressed in two ways- to indicate, roughly a plan for the as follows: education of learners and to identify a field of study (JBR, • Why is it necessary to review and restructure the Shrestha and Ranjitkar: 2061). Thus, curriculum is a field curriculum of Service Commission (PSC)? of study to provide education with necessary contents based on the level, methods and time constant. • 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 Discussion curriculum is a continuous process. Besides, curriculum should Administrative History

♠ Member, Public Service Commission The administrative shows that along with the 1 This is personal view of the author , Prithivi Narayan Shah appeared as an - 13 - - 14 - absolute monarch who appointed and dismissed all officers, not even raise their voice against the recommendations of the declared war and signed treaties in order to fortify his rule commissions. As a result, these groups remained marginalized (Agrawal: 1976). He was omnipotent, omnipresent and and deprived of representation in the civil service. Thus, during omniscient in all state affairs. During Rana regime (1846-1950) both Rana and periods, they were deprived of the role of succession enabled the Rana oligarchy to capture congenial environment of opportunity to join the civil service all key civil and military posts in administration which were and pro-marginalized civil service curriculum. opened only to them (Joshi: 2053, Agrawal: 1976). Current Status of Civil Service The administrative apparatus was divided into five main branches in the centre- Khadga Nishan Office (Prime Civil Service, as an administrative body, is the backbone of the Ministers' Office), Muluki-Bandobast Adda (Office for Routine country. It plays vital role in the effective implementation of the Administration In-charge of the Mukhitiyar and Commander- government plans and programs throughout the country. In this in-Chief), Jangi-Adda (Army Head Quarters), Binti Patra regard, the participation of Dalit, Mahila, Madhise and Nikshari (Judicial Office) and Munshi Khana (Foreign Office) Janjati is equally important in daily administration while driving (Pradhan:1968). During the period, Pajani system- meaning the country towards the right direction, good governance and promotion, demotion, transfer and removal of the civil servants development. Despite the minuscule size of Nepal, it is well was functional as the rulers were very powerful. Only after the known by its multiple features such as diversity in caste and dawn of democracy in 1951, Public Service Commission was ethnicity along with their languages, cultures and religious established in 1951 and arrival of Butch Commission from beliefs practices. It is natural that due to its diverse nature, the India in 1954 is considered very important in reforming the civil various caste and ethnic groups think over their participation in service of the country. nation-building process and raise voice for their representation in different sectors of the government and demand for their Administrative Reorganization Planning Commission, under identities. At this juncture, it is also noteworthy that justice, the Prime Minister- , played very equality and equity are the basic factors to consolidate the important role in introducing the Civil Service along with the democratic norms and values in a country like ours. availability of necessary rules and regulations in the field. Following the Acharya Commission of B.S. 2013, various However, due consideration on the age-old practice of the attempts on administrative reforms through the formation of exclusion of Dalit, Mahila, Madhise and Janjati in civil service commissions were made (Jha Commission: 2022, Thapa was never paid by the state. As the government figures show that Commission: 2032, and Koirala Commission: 2048) in Nepal Janjatis have occupied only 15.7 percent of the total number in as the commissions submitted their reports with necessary Civil Service contrary to their bigger population size comparatively recommendations. Unfortunately, even a single commission consisting of 37.5 percent. Similarly, the civils service is male never brought the policy of inclusion to disadvantaged groups - dominated as the number of women in civil service is only 9.1 Dalit, Mahila, Madhise and Janjati in administrative percent where as their population are approximately 50 percent mechanism of the country. Nepali people, due to lack of and no figure is clearly available regarding the number of Dalits democratic rights, and lack of education and awareness, could whose population is 15.4 percent. There are various responsible - 15 - - 16 - reasons for the exclusion of the groups in civil service such as The Nepal Government has been lacking seriousness to lahure culture introduced by the state, deprivation of education to understand the impact on the performance of daily activities of Janjati, Dalit, and Mahila based on Hindu philosophy (Brahmin, the Public Service Commission in absence of civil service Act. Chhetry, Vaisya and Sudra) and lack of awareness and lack of However, if the proposal consists of reservation policy inclusive policy of the state. Previously, in stead of giving (Arachhyan) is approved with clear statement, it will be helpful opportunity and encouragement especially to Janjati youths to to the present government in providing opportunities to the join government service, they were compelled to be lahure or disadvantaged groups as mentioned earlier. recruited in British army as the British Government was extremely convinced with the performance of the in both First and Existing Curriculum Second World War. As noted, the British Officers used to travel As mentioned above, the present figure clearly shows that the Janjati settlements of Nepal mainly in rainy season for the representation of Dalit, Mahila, Madhise, and Janjati in the preliminary selection of Janjati youths for recruitment. civil service is symbolic. Therefore, civil society activists, and Despite these facts, the political scenario of Nepal has been intellectuals are emphasizing on the mainstreaming of the diverted towards loktantra with the slogans of inclusive proposed excluded groups by providing equal opportunity to democracy and restructuring of the state. Interestingly, the join the civil service. As a result, most of the Janjati youths government of Nepal, recently, has proposed amendment bill prefer to join the British and Indian armies as socialized by of the Civil Service Act with 45 percent reservation to Dalit, their forefathers under the state policy, where as others for few Mahila, Madhise, Janjati and Apanga (differently able) in the years now are leaving for Malesiya, Korea and Gulf countries Civil Service of Nepal without objective criteria. The rationale for blue color jobs. Therefore, it is unfortunate that even today, behind the reservation of 20 percent, 10 percent, 10 percent, the Government of Nepal is not successful to attract the and 5 percent to Mahila, Janjati, Dalit, and Apanga educated Mahila, Dalit, Madhise, and Janjati candidates in respectively is vague with improper indicators and the civil service due to lack of favorable policies of the unsatisfactory answer. As a result, the reservation percentage, government. For instance neither the government nor the as proposed in the amendment act, has been vehemently Public Service Commission has attempted to erase their criticized since the government has allocated the quotas traditional psychology in the backdrop of the extremely without serious consultation with the stakeholders and complicated Public Service Commission examinations. Not inclusion experts. The proposed act is even obscure in only this but the curriculum existed till 2049 B.S. was not absence of well-defined procedure of implementation of the friendly to Janjati and Madhise candidates as Nepali paper reservation policy. The proposed act came into public as hot was given the status of compulsory paper which was/is cake even due to other tricky games and received a harsh comparatively difficult to them being their own mother tongue. criticism among the conscious mass. As a result, the Civil It was an obstackle and an iron bar for their entry. Let the Service Act proposed for the amendment has been thrown attempts go alone, Public Service Commission has not even away for the time being (?) or kept in a file without being tabled organized consulting meetings and workshops to collect in the parliament for discussion and necessary action. suggestions and at least to receive their preliminary approval

- 17 - - 18 - of concerning ethnic groups- Dalit, Mahila, Madhise, Apanga, technical service group, sometimes, attend interview without and Janjati. It could develop a sense of participation to them preliminary knowledge of Public Service Commission and its and concerning actors of the country in developing the responsibility in selection procedure of the administrative curriculum although it would get final shape from the approval personnel. They are confused with the independent role and of the subject experts. In addition, certainly a government status of Public Service Commission (PSC), and reasons of employee under civil service should necessarily understand having examinations in Public Service Commission. Besides, the contents of public administration but Public Service the new political scenario indicates that Public Service Commissoion should not forget that a government Commission curriculum should not be static. It should rather officer/employee should have basic knowledge of the various realize its weaknesses and shortcomings and encompass both ethnic and caste groups, their socio-culture, language and the published and unpublished comments and criticism so as economy and their environment without which the to revision, update and restructure the better and acceptable administration will not achieve success in a desirable way. The curriculum. It should start homework to explore the root causes administration will not run smoothly in the absence of the of young graduates with distinction and first class not applying participation of the various such groups. If a government at Public Service Commission. employee doesn't know the community and people of her/his own country, how does s/he work and what do the people and Conclusion communities expect from such an employee or administrator? Interim Constitution, introduced on the 1st Magh, 2063, is an Do they get support from local people? Can they maintain outcome of Peoples Movement II. The Constitution deals friendly relationship with local people of the district? Therefore, mainly with the issue of state restructuring within which Public Service Commission should review the existing inclusive democracy and social inclusion in various sectors of curriculum as it is not friendly to the various groups of the the state are well mentioned. In addition, the issues like Self- country. The commission should think over to develop a governance, Human Rights, Federalism and Rights to Self special paper on Mahila, Apanga, Janjati, Madhesi and Dalit Determination are the major keys of discussions among the too. And, Public Service Commission shouldn't insist them in a political parties, civil societies and intellectual of the country. traditional way since the conscious people will not remain silent The emphasis of today's discussion is to bring them in all as before. People will certainly entertain their democratic rights walks of life to represent and involve in nation-building provided by new constitution of the country. Thus, the present process. However, there are various supporting issues of curriculum if not revised or restructured it may become national-building process as well as strengthening democratic gradually irrelevant and unable to produce able administrators political system. Among such less attention-paying issues are to cope up and face the emerging challenges observable the representation of socially marginalized groups- Dalit, gradually together just after the dawn of loktantra established Mahila, Madhise, Janjati and Apangain Civil Service of through the Janandolan II. Nepal. Thus, the paper has been developed with an objective Moreover, this is the right time to assess the contents of to expose the need of the revision and prepare new curriculum present curriculum since the young and fresh candidates from acceptable even to the disadvantaged groups- Dalit, Mahila,

- 19 - - 20 - Madhise and Janjati and Apanga - after a series of review meetings, seminars and consultations with the curriculum Public Service Commission: experts. Based on the explored status, the study is a description of the root causes of the exclusion of the Dalit, From Legal Perspective Mahila, Madhise and Janjati in Civil Service. Dr. Kul Ratna Bhurtel♣ References Abstract Agrawal, H.N. 1976. The Administrative System of Nepal, New Since its inception the Public Service Commission (PSC) is in the forefront Delhi Vikas Publishing House Pvt.Ltd. to select civil employees impartially. The impartial selection procedure Centre for Policy Research and Analysis 2007, Revision of adopted by the PSC has left no room for nepotism and favoritism. Good governance and, better service delivery is the ultimate result emanating for PSC curriculum and Entry system in Gender Perspective, impartial selection of candidates by the PSC. The PSC has maintained its Kathmandu. fair reputation as a custodian for merit system. Thus, the role of PSC is popular and hailed in Nepalese society. Geoffey, Howson Heinemann: 1972. Developing a New Curriculum, Centre for Curriculum Renewal and Educational 1. Introduction Development Overseas, London High morale of civil employees is pre requisite for the effective JBR, Soyam P., C.B. Shrestha, and K. Ranitkar: 2061. governance of the country. They need to be protected from the Curriculum Planning and Practice), Vidyarathi Pustak unjust, irrational and discretionary actions from the executive. Bhandar,Kathmandu No doubt the discretionary power needs to be vested to Joshi, Krishna.2053. Sarvajanik Prasasan: Adhunik Adhyan administrators to run the administration. But it has to be duly Ratna Pustak Bhandar, Kathmandu exercised in a way according to the equity, good conscience Pradhan, B.M.Singh 1968: A Glimpse of Civil Service System and principles of justice. The Public Service Commission during Rana Regime, Civil Service Journal of Nepal Nepal (PSC) is a body which is entrusted as a guardian of civil Public Service Commission, Kathmandu employees to protect them from unjust and irrational actions. The body like PSC emerged as a result in recruiting and Toba Hilda 1962: Curriculum Development: Theory and Practice selecting qualified employees on merit basis and providing Brace and World Inc. NY 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

♣ Secretary, Ministry of Law, Justice and Parliamentary Affairs - 21 - - 22 - possess the prescribed qualification, capacity and experience. policies are not made or revised as a result to render In Nepal, the PSC was formed on 1st Shrawan 2008 with a negative influence in employees. view to make provisions for fair competition, ensure access for (c) Government adviser: all the qualified and systematize career development. The PSC may hold discussions on what sort of policies When the executive is empowered to deal with all acts from and laws are required for the reformation of civil service recruitment to retirement, it could raise a question of impartiality and give recommendation to the Government of Nepal and democratic values and norms. Thus, many countries have in this respect. followed a practice of forming an independent, impartial and powerful commission to make recruitment of personnel objective (d) Complementary of good governance: and impartial. The executive body is to do all acts pertinent Good governance and PSC are complementary to each thereto based on the advice and recommendation of that other. Each and every country requires employees to commission. Be it a developing or developed country, selection steer governance, who are also responsible for service of qualified employees is made by an independent body like PSC delivery to the people. Particularly, in the today’s so as to make personnel administration qualified. changed context, the duty of the PSC is to select qualified and capable human resources from the available one and 2. Contribution made by Public Service Commission supply the same to the Government of Nepal. As a matter In Nepal, civil employees are responsible for the operation and of fact, those who are selected impartially could deliver steering of public administration. PSC selects civil employees. good governance to the people. There is therefore an interlinked relationship between public 3. Position of PSC in Constitutional Development administration and PSC. (a) Custodian of quality system: The Interim Act of Government, 2007, the Constitution of the , 2015, the Constitution of Nepal, 2019, the The merit system is the heart of public administration In Constitution of the Kingdom of Nepal, 2047 and the Interim Nepal, recruitment as well and promotion of employees Constitution of Nepal, 2063 have all provided about the PSC. in the civil service is made only on the basis of competitive examination to be held by the PSC. So, the 3.1 PSC in the Interim Constitution of Nepal, 2063: PSC remains as the guardian of the merit system. The Interim Constitution of Nepal, 2063 in Part 14 (b) Guardian of civil employee: has provisions pertaining to the PSC. The status of constitutional body is accorded to the PSC in order to Because of impartiality PSC has been the real guardian ensure its impartiality. The chairperson and member of of civil employees. The PSC must be consulted for the Commission are appointed on the recommendation making, amending terms and conditions of service of of the Constitutional Council. employees, making policies on their recruitment and promotion. The PSC, therefore, gives advice so that

- 23 - - 24 - The term of office of the chairperson and members • Matters concerning the suitability of any of the PSC is six years from the date of appointment. candidate for appointment to a Civil Service They can serve until they attain the age of sixty-five position for a period of more than six months; years. They should not be members of any political • Matters concerning the suitability of any party immediately before their appointment. Holding candidate for transfer or promotion from one at least Master’s degree is their qualification. service to another within the Civil Service ; Moreover, the chairperson or member of the PSC may be removed from his or her office in like manner • Matters concerning the permanent transfer or and on the like grounds as of a Judge of the promotion of any employee working in any Supreme Court. position which does not require consultation with the PSC to any position which requires 3.2 Functions, duties and powers of Public Service consultation with the PSC; Commission: • Matters relating to departmental action (a) Conduct examination: To conduct against any civil employee. examinations for the selection of suitable candidates to be appointed to the positions in However, it has further provided that the PSC should be the Civil Service. consulted on the following matters: (b) Permanent appointment: No permanent • The PSC is to be consulted on the general appointment to any pensionable position in principles to be followed in the course of the Civil Service can be made except in making appointment and promotion to any consultation with the PSC. position of the army service, armed police service or police service; (c) Consultation: The PSC is to be consulted on the following • The PSC can be consulted on the laws in matters: force relating to the conditions of service of the employees in the service of such body • Matters concerning the law relating to the and on the general principles to be followed terms and conditions of civil service; in the course of making appointment and • Matters concerning to the principles to be promotion to any position of such service and followed in making appointments to, taking departmental action against any such promotions to, the Civil Service or positions employee. The bodies which the Government thereof and taking departmental action; of Nepal owns or controls fifty percent or more of the shares or the assets come under this definition.

- 25 - - 26 - It appears that if the selection of employees of bodies (b) Prescription of educational qualification and corporate can be made in an impartial and fairly in tune curriculum: The Commission has the power to with the spirit of the Interim Constitution, it will boost up the prescribe the educational qualification and morale of employees serving in such bodies; it will curriculum on various examinations to be given eventually enhance the faith of general public towards the by it for the fulfilment of vacancies in the civil organizations concerned. service or posts. The Commission also decides whether any qualification awarded by any 4. Legal frameworks educational institute to any candidate is the qualification prescribed or equivalent to that In pursuance of Article 37 of the Interim Act of Nepal, 2007, prescribed by it. the Nepal Public Service Commission was formed in 2008, followed by the Nepal Public Service Commission Act, (c) Inspection and determination of 2009, Nepal Public Service Commission (Procedures) Act, irregularity: 2009 and the Nepal Public Service Commission Rules, The Commission may examine whether 2009. Similarly, Nepal Public Service Commission appointment, promotion and departmental Proceedings Restriction Rules, 2017 were issued under the action made or taken by any constitutional Constitution of Nepal, 2015, and the Nepal Public Service body or governmental body conform to the Commission (Procedure) Act, 2030 and the Nepal Public prevailing law and procedures set by the Service Commission (Procedure) Rules, 2037 were issued Commission or not. It may hold to be under the Constitution of Nepal 2019. irregular such appointment made without 4.1 Nepal Public Service Commission (Procedure) fulfilment of the procedures set. Act, 2048: (d) Cancellation of examination or The main features of this legislation are the following: advertisement: (a) Procedure relating to providing advice: Where any examination cannot be conducted There are procedures set for providing advice smoothly because of any time of extraneous by the PSC on matters such as permanent activities or irregularity and obstruction at appointment to civil service, terms of civil examination centre, it may cancel such service, appointment, promotion in civil examination in whole or in part. service or post and departmental action (e) Cancellation of recommendation: against civil employees, purpose of, group and sub-group under a civil service, if any, to Where, owing to discovery of false be formed. information supplied by a candidate, it is required to withdraw the recommendation of that candidate recommended by the

- 27 - - 28 - Commission for fresh appointment or (e) High Level Administrative Reform Commission, promotion, prior to delivering the appointment 2048: The role of the PSC should be made stronger. letter to such candidate, the Commission may cancel such recommendation assigning 6. Expected legal reform the reason for the same and publish another Despite being in the state of suspension for some time in 2007, notice. the PSC has, since its inception, been able to maintain its 5. Efforts for administrative reforms and PSC prestige as “holy institution” and “centre of faith”. The Declaration of the House of Representatives of 4th Jestha 2063 and the A country lacking a strong and reliable bureaucracy has to Interim Constitution of Nepal, 2063 make it clear the country will face may problems. Thus, the PSC has also the obligation enter in a new era and into a federal regime. Time is ripe for the to make administration strong, people and result-oriented. PSC to pay attention to new public management with features Each effort to make reform in administration in Nepal such as result-oriented working style, market-oriented appears to touch upon the issue of consolidation of the administration, direct responsibility, competitive management like PSC. Some conclusions drawn by each commission on in the private sector in addition to the following matters. administrative reform are as follows: (a) Inclusive curricula should be designed in tune with (a) Buch Commission 2009: Each appointment has to new vision: be made with the consultation of the PSC and the As the Interim Constitution of Nepal, 2063 mentions salary and facilities of employees should be that an inclusive, democratic and progressive reviewed by the PSC. restructuring of the State will be made, while at the (b) Administration Reorganization Planning same time doing way with discriminations based on Commission, 2013: Appointment to the post of civil class, ethnicity, language, gender, culture, religion service should be made on recommendation of the and region, an inclusive curriculum is needed to be PSC. developed. It is necessary to get women, indigenous nationalities and Dalit communities involved in the (c) VedaNanda Jha Commission, 2025: Provision civil service even though reservation. should be made to seek advice of the PSC while making appointment and transfer and to involve the (b) Creating environment where youths can join civil PSC in classification of trainings, salary increment, service: positions coordination. The attraction of youths towards the civil service is (d) Dr. Bhesh Bahadur Thapa Commission, 2032: in descending trend. If they are not encouraged to Regular monitoring should be made whether the join the civil service, the future can see a crisis of executive has done as per the powers delegated for leadership. Therefore an attention is to be paid to appointment or not.

- 29 - - 30 - make the environment for entrance of youths in civil In the context of Nepal, PSC remains as a gateway for those service who intend to join governmental service. All qualified Nepalese people can enter from this gate without any discrimination. (c) Timely improvement in examination method: Thus, in order to make the prestige of the PSC, which remains Examination should be based on the functions as the centre of faith and reliance of all, much more relevant to the pertinent service or group. The transparent, fairer and timely, the governmental sector, private weight-age for oral examination should be reduced. sector and civil society should move forward joining hands. Even in an elementary examination more questions which pertain to the service or group shall be asked References rather than general knowledge type of questions. 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.

- 31 - - 32 - There is no any confusion among us that Legislative, Executive Parliamentary Committees and their Functionaland Judiciary are the fundamental organs of the state. Making laws is the major function of the Legislature. The terms Linkages with Public Service Commission Parliament, Congress and the Assembly are often used to give ♣ - Bharat Gautam the meaning of Legislative body across the world. We also see the Unicameral and Bicameral Legislative systems. If the Abstract country has a single Legislative body / house that we call

Making laws is the main function of Parliament and at the same time Unicameral and if any country has both lower and upper Parliament should also scrutinize the activities of government/ Legislative bodies/ houses then we define it as Bicameral constitutional agencies in order to make them accountable. These both system. The Parliamentary form of Legislature is famous in legislative and non-legislative functions of the Parliament have been increasing day by day. Consequently, the full meetings of Parliament those countries, where the British model of political system is are unable to perform their large numbers of businesses effectively and being followed. The current word of Parliament was developed efficiently. In view of increasing volume of Parliamentary functions, from the Latin word Parliamentum and its meaning is to certain numbers of Committees are constituted in almost all Legislatures in the world. Therefore, Parliamentary Committees are discuss on the public issues. The development of modern form being the essential parts of the Legislature for its effectiveness. The of Parliament is closely associated to the history of England Committee systems also can be seen in Nepal since its Constitutional where this term was used for a place where the discussions of history of 2004 BS. However, the Committees have been effective to perform their functions during the multiparty political regime. The contemporary issues were taken in the 13th century. Therefore functional linkages between the Committees and the Government/State it is said that England is the mother of Parliamentary system. agencies are determined on the basis of their jurisdictions. In the Legislature-Parliament, Administrative Reforms Monitoring Committee Besides law making function, formation of executive and and the Public Accounts Committee have their functional relationships oversight to the activities of government have also become to the Public Service Commission. other major tasks of the Parliament along with its evolution Introduction over the years in the world. The Parliament therefore scrutinizes the policies, programs and the activities of This article mainly highlights the reasons behind the formation government. In the contemporary society we see the functions of Parliamentary Committees and their functional linkages with of the Parliament have been considerably expanded day by government and other constitutional agencies. The study on day. As a consequence, Parliaments/Legislatures in their full the linkages between Parliamentary Committees and the sessions are almost unable to perform their functions Public Service Commission has been presented in order to effectively due to increasing volume of their businesses. specify the reference of functional relationships. The information used in the article is collected from both primary Rationale of Parliamentary Committees and secondary sources. 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 ♣ Secretary Administration reform committee Parliament Secretariat. session is Congress on public exhibition, whilst Congress in its - 33 - - 34 - Committee is Congress at work". It means, the Congressional Commons were regularly appointed for the purpose of doing Committees in USA operate their Legislative and non- Parliamentary business effectively in Britain. Legislative functions very actively. The formal role and To sum up, there are certain valid reasons for formation of the responsibilities of the Committees are defined by the Parliamentary Committees- There can be details and wider Constitution. The essence of the Committee practices is that discussions on the proposed Bills and other issues of public the sessions of the Congress or Parliament or Assembly are concern in Committees rather than full session of Parliament. It can more formal. The full meetings of the Legislature do not have be easier to build a consensus and understanding among the the sufficient time to discuss thoroughly and deeply in the Bills Members of Parliament in the meetings of Committees. and other issues of public concern. Considering all these facts Parliamentarians can work together above the interest of their and constraints, it has been realized that the certain numbers parties and also beyond to their party whip in the Committees in of Committees in the Parliament are required to be a functional general. There is a sufficient time for clause-by-clause discussions Legislature. This is the rationality behind the formation of on the Bills in the Committees. There is an opportunity to consult Committees in Parliament across the world. At present, almost the experts and stake holders of the Bills and any other issues of all Legislatures in the world have some sort of provisions for public interest during the law making process in the Committees. Committees to perform their legislative and non-legislative This opportunity cannot generally have in the full House of the functions effectively and efficiently. Therefore, the Committees Parliament due to the time constraints. Parliamentarians can also are also called "Mini Parliament" and play an important role in gain an extensive knowledge and experience in the Committees representatives' democracy. rather than meetings of the House. And the Committees can also S.S. More, an expert of Parliamentary practice and procedures of continue their activities even if the full House is not in the session. India, has remarked, "No Legislature can function effectively without adding of some Committees in the Parliament. The details discussion A Brief Overview of Committees in Nepal, Before 2047 is impossible at the large meetings and too unwieldy to debate any Following the universal Legislative practice to the Committee thing but broad principle. For these reasons all democratic systems in Parliaments, the Parliament of Nepal has also Legislatures elect smaller groups to discuss the matters in details and adopted the provisions for Committee formation. The history of these bring the result of their discussions back to the larger body, in the Committee systems in Nepal for the first time goes back to the House for making final decisions". According to expert More, the the Legislative Law of 2004 Bikram Sambat (here after BS). principle of appointing Committees is not a modern development. This There was a provision to constitute the Governance practice is almost old as the evolution of Parliament itself. The British Committees and their role was to provide required suggestions Parliament realized the needs of the Committees when its works were and opinion to the Government in order to govern the country comparatively increasing. The Parliament was unable to hold its smoothly. Similarly, the Interim Legislation of 2007 BS also deliberations on every aspect and stage of the business that came made the provision for formation of the Bills Committee. The before the Parliament. Therefore, British Parliament started the main role of this Committee was to hold the discussions on practice of delegating its functions to the Committees and the House various aspects of the Bills presented by the Government of Commons begun to work collectively. Then the Committees in the before these passed through. The Constitution of 2015 BS that - 35 - - 36 - was oriented to the multi-party democracy had made a clear Government Assurance) in the National Assembly. In addition, provision for making the Parliamentary Committees in Nepal in there also were other business and special Committees in the comparison with earlier Constitutions. According to the Parliament. provision of this Constitution, the Public Accounts Committee, The functions of the Parliamentary Committees in the period of Committee on Prerogative, and the Committee on the 2048-2058 BS were more effective within the framework of Delegated Legislation were the main Committees in the democratic political system in real sense. However, there were also Parliament. Again, the Constitution of 2019 BS promulgated by some allegations that could be seen in the Medias to the the King, also followed the Committee systems and there were Parliamentary Committees over the years for being extra judicial in the Social, Finance, Accounts, Water Resources, and the performing their functions in some cases. Meanwhile, the House of Development Committees in the Legislative body. The Representatives was dissolved in 2058 and whole Parliamentary Committees were also re-constituted time and again during the form of governance including the activities of Committees begun to Panchayat regime. face a serious setback. In the meantime the democratic political In sum, even though the broke down of the Rana regime in order was replaced by the direct rule of the King again in the 2007BS, the political history of Nepal except around 16 months in political history of Nepal. However, the King's direct regime could between 2015-17 BS was mostly passed through the directive not drive the nation in the right way and all political forces called for regime governed by the King. As a result, the Parliamentary the civil movement against the King's regime. Finally, the people's Committees in Nepal were not so far effective in performing their movement of April 2006 resulted to the reinstatement of the House jobs independently. The rulers also closely directed all of Representatives and the functions of the Committees were also Parliamentary practices and the functions of the Committees so resumed in the Parliament. far. Committees in the Legislature-Parliament, 2063 Parliamentary Committees in the Constitution of 2047 The mandate of the second people's movement was to end a After the restoration of multiparty political regime in 2046, the decade long armed conflict through the political means. To democratic Constitution of Nepal 2047 BS adopted the achieve this common goal, Interim Constitution has already Bicameral Parliamentary system. There were the provisions to been promulgated and it has adopted the Unicameral the formation of subject Committees in both Houses-the House Parliamentary system in the country that is called the of Representatives and the National Assembly. Nine subject Legislature-Parliament. The Interim Constitution of Nepal, 2063 Committees (Finance, Public Accounts, State Affairs, Foreign BS in its Article 58 has made the Constitutional provision for Affairs and Human Rights, Natural Resources and Means, Law the formation of Committees in the Legislature-Parliament. In Justices and Parliamentary Affairs, Population and Social, accordance to the Constitutional mandate, the Rules of the Development and Communication, and the Committee on Legislature-Parliament, 2063 has set up the fourteen subject Environment Protection) were in the House of Representatives. Committees (Rule:181) which are as follows; Public Accounts Likewise there were four subject Committees (Remote Areas Committee, Committee on Finance, State Affairs Committee, Development, Social Justice, Delegated Legislation, and the Administrative Reforms Monitoring Committee, Foreign Affairs - 37 - - 38 - Committee, Committee on Natural Resources and Means, covered within the jurisdictions of the Committees concerned. Committee on Agriculture and Co-operatives, Committee on The functional linkages of the Committees and the Education, Health and Population, Committee on Law, Justice Government/State agencies are determined on the basis of and Parliamentary Affairs, Committee on Physical jurisdictions of the respective Committees. Looking at the Infrastructure and Development, Committee on Environment, existing jurisdictions of the Committees mentioned in the Rules Communication and Technologies, Committee on Human of the Legislature-Parliament, there are two Committees that Rights and Social Justice, Committee on Labor and Industrial have their direct functional linkages with the Public Service Relations, and the Committee on Planning and Autonomous Commission i.e. Administrative Reforms Monitoring Committee Governance. and the Public Accounts Committee.

In addition to these subject Committees there are other seven I. Administrative Reforms Monitoring Committee and special Committees in the Legislature-Parliament which are- Public Service Commission Special Committee on Security, Parliamentary Hearing Special Committee, Special Committee on Monitoring of Arrangement to According to the Rule 181 of the Legislature-Parliament, the Election of the Constituent Assembly, Special Committee on jurisdictions of the Administrative Reforms Monitoring Committee Monitoring of Implementation of the Peace Agreement, Special cover the functions of the Ministry of General Administration, Committee on Monitoring of Rehabilitation of the Conflict Sufferer Commission for the Investigation of Abuse of Authority, Public and Supports Mobilization, Special Committee on Restructuring Service Commission, and Public Administration in general. The of the State, and the Special Committee on Economic-Social functional linkage of the Administrative Reforms Monitoring Transformation. Committee with the Public Service Commission has been made further clearer on the Rule 191. According to this Rule, it is a Linkages between Parliamentary Committees and mandatory provision for the Committee to present its own report in Public Service Commission the House after the Committee completes its discussions on the Annual Reports of the Public Service Commission including other The main objective of the formation of Committees is to make activities. The Committee is also responsible to hold its discussions the government accountable and answerable to the on the memorandum presented by the Government on the Report Legislature-Parliament. To meet this broad objective, of the Public Service Commission. The Committee also scrutinizes Committees are responsible for monitoring and evaluation of whether the functions of the Public Service Commission and the the activities and the functions that have done or to be done by Government have been performed or not in according to the the government in order to make them transparent. In order to existing laws of the country. make the government accountable, another major task of the The Administrative Reforms Monitoring Committee is a legislative Legislature-Parliament is to oversight the policies, programs, Committee that primarily deals with the Bills, is responsible for the and the activities of the executive and other state agencies as discussions if any Bill is related to the Public Service Commission, a whole. The Legislature-Parliament completes these broader Civil Service and public governance. Before the formation of responsibilities through its Committees. Therefore, each and Administrative Reforms Monitoring Committee in the Legislature- every portfolio of the Ministries and Constitutional Bodies are - 39 - - 40 - Parliament, aforementioned jurisdictions of the Committee were Committee in the Parliament that means this Committee does under the jurisdictions of the State Affairs Committee. The State not ever discuss on the Bills. The Public Accounts Committee Affairs Committee had already completed its discussions up to the is responsible for maintaining financial discipline in the public 40th Annual Reports of the Public Service Commission in 2057 BS. sector. In view with this broad responsibility, the major task of Meantime, the House of Representatives was dissolved in 2058 the Public Accounts Committee is to hold discussions on the BS along with the dissolution of the House of Representatives; Annual Reports of the Auditor General. In this connection, if activities of the State Affairs Committees were not in operations. there are any financial irregularities of the Public Service Commission mentioned in the Reports of the Auditor General, Following the revival of the House of Representatives, the State then it comes to the functional jurisdictions of the Public Affairs Committee was also reconstituted in early 2063. The Accounts Committee. The Committee then can call the Committee had held its discussions with the Chairman and other Secretary of the Commission and jointly discuss on the matters Members of the Public Service Commission on the functions and of financial irregularities of the Public Service Commission. other activities of the Public Service Commission in general after a long interval. The Committee had also held its meeting with the The Public Accounts Committee and the Public Service representatives of the Commission in the process of collecting Commission had completed their discussions on the irregularities suggestions opinion during the general discussions on the mentioned in the Annual Reports of the Auditor General up to 2057 Second Amendment Bills of the Civil Service Act proposed by the BS. Meanwhile, along with the dissolution of the House of Government and other issues related to the Civil Service. There Representatives in 2058 BS, the Public Accounts Committee was are more than half dozen Annual Reports of the Public Service also not in exist. Almost four years later, Public Accounts Commission submitted in the Legislature-Parliament and have Committee was reconstituted in the reinstated House of been recently come to the ipso facto jurisdictions of the Representatives. However, it could not begin its discussions on the Administrative Reforms Monitoring Committee of the Legislature- financial matters of the Public Service Commission mentioned in Parliament. The Committee will begin its discussions on the the Reports of the Auditor General due to time constraints. In the Annual Reports and other activities of the Commission as per its meantime, the Interim Constitution has already been promulgated working schedule. Looking at the jurisdictions of the on the process of political reconciliation in the country and the Administrative Reforms Monitoring Committee and its functional Public Accounts Committee has been formed in the Legislature- relationships to the Public Service Commission, there are a Parliament with its new leadership. Therefore, the functional number of opportunities to both the institutions-Committee and linkages between the Public Accounts Committee and the Public Commission to work together in order to make the administrative Service Commission would be resumed soon to fulfill their machinery more dynamic and service oriented. respective role and responsibilities in maintaining financial discipline in the public sector from their own sides. II. Public Accounts Committee and Public Service Commission Conclusion

There is also another functional linkage between Public Formation of Parliamentary Committees is an international Accounts Committee and the Public Service Commission. practice since the evolution of modern form of Legislatures. We Public Accounts Committee is only non-Legislative subject see the Committee systems in both Unicameral and Bicameral - 41 - - 42 - Legislature in the world. The central logic of constitution of References Committees is that the full sessions of Parliament are more formal and there is a time constraint for details discussion on the Annual Reports of the State Affairs Committee Bills and other issues. Therefore Parliaments form the Annual Reports of the Public Accounts Committee Committees to perform their law making and other Parliamentary functions in an effective way. Generally, Bills presented by the Constitution of the Kingdom of Nepal 2047 BS government are sent to the concerned Committees for clauses by Dhungana, Daman Nath: 2051, Institutional Development of clause discussions. In real sense Parliamentarians are engaged Parliaments and Role of the Committees, Workshop Paper in the Committee meetings rather than house. Therefore, Committees are considered as Mini Parliament, it means these Interim Constitution of Nepal, 2063 are the essential parts of the Legislature. Without having More, S.S:1960, Practice and Procedures of Indian Parliament, Committees, Parliamentary functions cannot be effective. Rules of the House of Representatives, 2054 Nepal has also followed the Committee systems since its Rules of the Legislature-Parliament, 2063 Constitutional and Parliamentary history. However, the Committees have been effective to perform their functions after Singh, Top Bahadur: Nepalese Constitution and Constitutional the restoration of Parliamentary democracy in 2047. At the Laws, Book, 2041 BS Upreti, Bishnudutta: 2054 BS, Comparative same time, Committees have also faced many ups and down Study of the Committee System in along with the disconnection of the Parliamentary practices in William, J.Keefe and Morries S.Ogul, 1993, The American Nepal. In the light of latest political development in the country, Legislative Process 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. - 43 - - 44 - 1990 - was promulgated and came into force. Part XIV. Public Service Commission in the Interim Art. 101 of the Constitution, provided for Public Service Commission with "A chairman and such number of Constitution, 2007 and its Future Agenda other members as may be required". They are appointed by His Majesty the King on the - Rabindra Shakya, PhD1. recommendation of the Constitutional Council, Abstract consisting of the Prime Minister as Chairman and the Chief Justice, the Speaker of the House of This article tries to highlight some of the issues that need to be taken Representatives, the Chairman of the National into account to emphasize merit-based appointment and promotion Assembly and the Leader of the Opposition in the system - the hall mark of the quality of the civil service system. In House of Representatives (Annex 1). addition, the author has singled out other significant areas where further efforts need to be built upon through research and specific 1.3. PSC has remained effortful to improve the efficiency of studies apart form the conventional areas to be able to address the the civil service through inculcating the culture of needs of the civil service in terms of augmenting its competency in the changed political context. meritocracy in Nepalese administration. Over the years, PSC has been carrying out its efforts for reform I. Introduction measures to maintain quality and its image. PSC has now continued to carve its own image as an impartial, 1.1 Change is inevitable in human life and so is in the life of neutral and dedicated agency, even though the country an institution. This is no less true in the history of a undergone significant changes under different political nation also. At a time when the entire country is regimes. At the same time, PSC has been introducing undergoing fundamental changes in terms of its political reform measures for maintaining the integrity of the civil restructuring, it is but natural that government agencies servants as well as for improving its own efficiency. also undergo changes in terms of their role and PSC is probably the only agency which has remained responsibilities. far from the subject of political influences in its 1.2. The constitutional development of the country has a business, despite that the Commissioners are long history in Nepal. So far Nepal implemented as appointed at the highest political level. Its integrity has many as five constitutions. In these constitutions, the remained uncompromised so far. The Commission was Public Service Commission (PSC) featured as an able to bring about improvement in its operation and integral element. In this context, following the procedures, based on its own experiences. For the reinstallation of multi party democracy in 1990, new most part of the rules and regulations that it has been constitution- The Constitution of the Kingdom of Nepal, pursuing over the years are largely home grown. Its responsibilities and work volumes have also been 1 The author is the former Secretary of the Public Service Commission. increasing. In 2005/06, the Commission received as He has been writing quite often on development and governance issues of many as 90,350 applications (women applicant 22.8 the country.. He can be accessed on: [email protected]. - 45 - - 46 - percent) for different posts in the government, out of S.N. Descriptions Unit 2002/03 2005/06 which the Commission recommended 1,805 candidates (46th Annual Report). The PSC has been responding to 3. Applications received No. 94,610 90,350 the request of the government agencies asking for its 4. Questions papers No. 590 1,466 advice to award punishment or for departmental action. formulated The number of such advice which the PSC gave in 5. Candidates No. 3,725 1,805 2005/06 amounted to 338 cases. and so on. The usual recommended work of the Commission to formulate and update curricula has continued. The Commission has also to 6. Advices provided for No. 190 338 devote its resources to respond to the Supreme Court Departmental action notice to clarify its position. The number of such cases 7. Written responses to writ No. 46 72 was 72. Likewise, the gap between advertisement of petition the positions published and the recommendations made varies from a low of 6 months to a high of 27 8. Curriculum designed No. 44 43 months, depending upon the number and the nature of Note: Those figures are only for the central office of the the positions to be filled in. The following table Commission.* The highest gap was with regard to highlights the work load of the Commission during Joint-Secretary level fishery expert. Those not 2002/03 and 2005/06. The table points out that the recommended are not included in the figures. number of advices requested for Departmental action and the writ petition has increased over the years. It is Memoranda items amidst this trend that the Interim Constitution, 2007 came into existence in the country. 2002/03 Table 1 i. No. of positions approved for PSC 319 Some Indicators of the Performance of PSC, ii. No of positions filled in PSC 304 2002/03 -2005/06 iii. Annual budget (Rs. in thousand) 71,318 iv. Budget released (Rs. in thousand) 65,764 (92.2 S.N. Descriptions Unit 2002/03 2005/06 % of the total annual budget) 1. Vacant positions No. 2,111 2,812 v. Actual expenditure (Rs. in thousand) 65,696. 2. Gap between Months - 6- 27* (99.9 % of the released amount) advertisement of the 2005/06 posts and the recommendations made i. No. of positions approved for PSC 316

- 47 - - 48 - ii. No of positions filled in PSC 281 Development Bank (November, 2002) which contained recommended measures for PSC also for bringing iii. Annual budget (Rs. in thousand) 94,420 about its effectiveness through improving the curricula, iv. Budget released (Rs. in thousand) 89,802(95.1 implementing measures for increasing women's share % of the total annual budget) in civil service, introducing Nepali and English as v. Actual expenditure (Rs. in thousand) 89, 758. mediums of examination, etc. Some of these (99.9 % of the released amount) recommendations have already been implemented while others are still awaiting implementation. It is my Source: Forty-four and Forty-Seventh Annual Reports of the feeling that if the Commission takes an initiative to Commission (in Nepali) 2003 and 2006, Kathmandu. revisit those recommendations and try to implement 1.4. Past efforts for reforming PSC took place both with what is relevant and useful, with or without revision, external support and. domestic resources. The and get these gradually reflected in its calendar of important attempt included the Piyamada Report operation for implementation, it will be a right step supported by UN (November 1995). The year 1995 towards the utilization of all scare resources - time, proved to be one of the landmarks in terms of efforts to human and financial - used by the Nation in the bring about reform of the Commission's working for at preparation of these reports. These are some examples least two reasons. The first is that two studies were of the efforts the Commission took to bring about supported by bilateral donors, thus opening the way for improvement in the PSC. the bilateral countries to come forward to assist the 1.5. Improvements were also continued with domestic Commission. The Commission also featured as a resources. At the initiative of the present chairman, probably candidate in the list of the bilateral donors. several works were undertaken. I remember presenting Secondly, these studies also provided a strong basis a paper on "Present Problems and the Areas of for further reform measures to be carried on Reform" on the occasion of 55th anniversary of the subsequently. During that time, two different studies Commission (June 13th, 2005). The one day seminar were undertaken - the Suwal-Pant study undertaken was organized as a part of the effort to initiate reform with support from Royal Danish Embassy , Kathmandu, measures in the Commission's activities. Likewise, (November, 1995),and the Hulme –McCourt Study under the direction of the Commission Member Ms. (October, 1995)2 supported by the British government. Bijaya K.C., several internal guidelines have been Another study that followed was Institutional Support revised and improved. These include those relating to for Governance Reform3 supported by Asian formulation of questions papers and moderation, the examination of answer copies, interview technology

2 Both of these studies were undertaken during the author's tenure as and so on. A Task force was constituted with Member Secretary of the Public Service Commission. Dr. Bhim Dev Bhatt as coordinator and the Task Force 3 The present author served as manpower expert in that project included Commission Member Dr. Shri Krishna Yadav executed by P.D.P Australia Pty Ltd. - 49 - - 50 - and other staff as members, with the responsibility to the Commission. The provision that no person will be suggest improvement in the examination system of the appointed permanently in the civil service positions Commission and guidelines related thereto4. The efforts except in consultations with the Commission continues. for reform continue and so is the zeal and enthusiasm 1.9. However, as has been defined in the Interim for it. Constitution, 2007, the Commission will be consulted 1.6. Following the successful historic Jana Andolan, the on: country has an interim constitution. Part XIII of Nepal's i. matters concerning the law relating to the Interim Constitution, 2007, makes a provision for Public conditions of service of the Civil Service; Service Commission. As compared to the earlier provisions of the Constitution of the Kingdom of Nepal, ii. the general principles to be followed in the course 1990, the Interim Constitution, 2007 includes some new of appointment to, and departmental action provisions, some similar but modified provisions with concerning the Civil Service or positions; regard to the functions, duties and responsibilities of iii. matters concerning the suitability of any candidate the Commission. for appointment to a Civil Service position for a 1.7. As regards, the composition of the Commission, period of more than six months; contrary to the earlier provision, at least one-half of iv. matters concerning the suitability of any candidate the members of the Commission are to be appointed for transfer or promotion from one service to from persons who have worked for twenty or more another within the Civil Service or from any other years in any government office, and the rest of the Government Services to the Civil Services; members from persons, who have done research, v. matters concerning the permanent transfer or investigation, teaching or any other significant work in promotion of any employee, working in any position fields such as science, technology, art, literature, law, of an organization which is not required to consult public administration, sociology, or any other sphere of with the Public Service Commission on matters of national life and who hold a high reputation. In the appointment, to any position for which consultation earlier Constitution, the minimum years of experiences with the Public Service Commission is required; and were fixed at ten years or more. Similarly, fields such as Technology, Public Administration, and Sociology vi. matters relating to departmental actions proposed were not enumerated. ( Annex I). against any Civil Servant. 1.8. The duty of the PSC is to conduct examination for the 1.10 It is now mandatory to seek the advice of the selection of suitable candidates to be appointed to civil Commission with regard to general principles to be services post. There has been no change in the duty of followed while recruiting and promoting army, armed police force or police force personnel and in other 4 The author was one of the members of the Task force. These attempts are mentioned as examples only and are not exhaustive. - 51 - - 52 - government positions. This is one of the desirable operating in net profit whereas the remaining 18 provisions of the Interim constitution. enterprises were operating in losses in 2003/04. The government received as dividend only 2.58 percent of 1.11 Likewise, the Commission, if so wishes, can offer total share investment. One of the reasons for this advice, if the public enterprises chooses to seek one colossal loss is because of the weak management in from the former on general principles to be followed these enterprises and almost every body would realize with regard to the prevailing law relating to the terms that one of the strong reasons for the weak and conditions governing the staff of such enterprises management in these enterprises is the result of the and with regard to procedures to be followed while political intervention in the recruitment and the appointing, promoting and taking disciplinary action. promotion of the staff. The intention of this provision of the article appears to be that public enterprises are not bound to seek advice 1.12. Another significant provision of the Interim Constitution from the Commission nor is the latter bound to offer is that the Commission is bound to submit its Annual one. The article at best is likely to be discretionary5. Progress Report to the Prime Minister who will arrange But this provision falls short of what is required to bring the Report to be produced before the Legislative – back the operation of the public enterprises on the road Parliament for its consideration. Section two of the to efficiency. Indeed, the term Public Service Article 127 of the Interim Constitution, 2007 lays down Commission suggests that its domain should include in detail what needs to contain in the Annual Report. both the government agencies and the enterprises The Report needs to contain, inter alia, the information where the stake of the government exceeds more than on yearly performance relating to; fifty-one percent. Nowhere is the political influence with 1. examinations undertaken to select appropriate less or without regard to principles of merit and candidates, neutrality has so often been prevalent and the norms so often been violated as in the nomination, recruitment 2. those candidates who passed the examinations, and promotion of the staff in Public Enterprises. The 3. the advice offered to various institutions, and on cumulative impact of such a practice has shown that disciplinary action against the staff, including for out of the 38 state owned enterprises; only 20 were punishment, and whether the advice given are followed or not,

5 While the present author was serving as the Secretary of the 4. the recruitment, promotion and disciplinary Commission, he remembers receiving calls form the responsible action against the staff and their description, Officers of the Public Enterprises to take over the responsibility of appointing and promoting staff in such agencies by the Commission and so that they will be free from undue political pressure to appoint and promote those with access to political parties which has threatened 5. the future reform measures for civil service. their career on the one hand and has prevented less competent or 6. This enumeration in terms of the contents of the less deserving candidates to get appointed or promoted based on non- merit considerations, on the other. Report has its implications both on the functions - 53 - - 54 - and responsibilities of the Commission. The last a trend that prevailed in pre- Jana andolan item assumes important in the context of civil period. The practice to divide positions among service reform. political parties does not augur well for the competent, skilled and more qualified neutral 7. At present, the Annual Reports of the civil service to emerge. Commission cover almost all those enumerated mentioned above. The Reports even include II. Post –Jana Andolan governance situation feasible measures that need to be adopted to deal with the problems for improving the 2.1. Till the time of writing this article, it is still uncertain how performance of the civil service in general as long Nepal will have to rely on the Interim Constitution well as for improving the efficiency of the for new governance principles and rules and Commission but these measures are seldom regulations to come. Despite repeated commitments by paid attention to by the government or are the government to held election, the date of adopted for implementation. As a result, these Constitutional Assembly election still hangs on in measures feature again and again in the Annual uncertainty and when will the New constitution to be Reports, thus reducing the value of the Reports formulated and when will it come into force for New to a mere ritualistic document. There are very Nepal are equally unknown. But amidst this uncertainty, limited areas that the Commission can do on its what is certain is that the government now or in future own without the initiative being taken by the is or will be under tremendous pressure to demonstrate government. Nonetheless, the Commission's tangible improvements in all aspects of national life. Reports need to continue highlight such issues The citizenry has urgent and pressing needs arising that are hampering the performance and the from the slow performance of the economy caused efficiency of the Nepal's civil service and the largely by political factors. The post-democratic Commission. movement situation has further created price rises and unemployment to an extent that people find it largely 8. The Constitutional Council to be met under the difficult to lead a good life. However, the post- Chairmanship of the Prime Minister with Chief democratic movement situation is now not in a Justice, Speaker of the Legislative – Parliament condition to deliver, since administration is all but and other three Ministers to be named by the incapacitated. While the temptation is to avoid the Prime Minister has the responsibility to painful reforms in a politically precarious situation, and recommend candidates for appointment to the the argument is often made to focus on holding constitutional posts. The Prime Minister makes Constitutional Assembly election as a prerequisite to appointments to these positions. But the fact civil service reform, it is nevertheless important to remains that it is the proximity and linkages with launch the process of reform soon. The sooner, the the political parties that determine the best and concomitantly. probability of a candidate for the appointment - - 55 - - 56 - 2.2. Civil service reform including the reform of its structure iv. poor definition of jobs and functions, inadequate and functions at the national and the local levels in the and obsolete rules for recruitment; context of overall movement from unitary form of the v. ineffective mechanism to monitor the government to the federal structure, along with the performance of the civil servants; composition, policies, and the size of the civil services, are all basic issues of central importance to the process vi. lack of convergence between institutional and of reinvigorating civil service system in the country. In career goals, view of the extreme political uncertainty, political vii. lack of effective reward management; considerations pervade all aspects of governance. The viii. A general lack of discipline among the civil lack of explicit commitment to de-politicize the civil servants service has been followed by indications towards the complete politicization of the entire civil service6. It is in ix. Key skills absent in many of the agencies such this context that the role and the function of the Public as e-governance; and an inappropriately staffed Service Commission in the changed political context civil service and become all the more important to safeguard Nepal's x. a lack of information about the civil service and civil service from political influences. staff to undertake analytical research studies. 2.3. The present Nepalese Civil Service System is 2.4. These problems need to be dealt with appropriate characterized by the following features: policy instruments but the lack of capacity in the staff of i. the existing civil service rules and regulations the Commission appear as effective constraints to now not in full operation while the proposed undertake such studies and , based on such studies, amendments are waiting for final endorsement suggest reform measures. from the government; 2.5. Measures. ii. A highly politicized civil service, deeply divided a. It is hence desirable and feasible to along the political, ethnic and other lines; immediately adopt some of the measures that iii. Pay too low to attract staff or avoid corruption- have a long term impact on the overall through-despair (i.e. pay below subsistence performance of the civil service where the level); Commission can play some role. Such measures include, among other:

6 It has been reported in the press that each of the political parties i. Conceptualizing the federal structure for the wants those as Secretaries of the Ministries in the government who Commission, its pros and cons, 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. - 57 - - 58 - ii. maintaining political neutrality of the civil service civil service system responsive to the needs of through a politically neutral recruitment and the day. promotions system intervention. 2.6. The likely features of the future civil Service iii. establish transparent entry, promotion, and i. What kind of political system unitary or federal retirement systems; and if federal, the degree of federalism still iv. determine structure and affordable size of civil abounds in mystery. The concept of New Nepal service, taking into account local capacity. still remains largely an abstract vision and none of the political parties are able to arrive at a v. enhancing the skills of the civil servants through definition that is agreeable to all sections of the training and exposure to new innovative ideas, society – the political parties, civil society and so methods and approaches to civil service reform. on. Unless this is done at the earliest, the nature vi. improving co-ordination among agencies related of the civil service reform and its depth and to the civil service management such as direction will naturally remain equally obscure. Ministry of General Administration MOGA) and However, some points can be highlighted which the Nepal Administrative Staff college (NASC). need to guide whatever future reform measures The lack of coordination and cooperation among the government wishes to carry forward and these agencies hampers the development of serve as the policy guidance for the PSC. These unified approach to civil service reform in the need to be treated as broad indications which country. In fact, for the effectiveness of the civil probably may need further in-depth studies or service system, these agencies need to act in further studies. My hope is that these points will close consultation, cooperation and coordination serve as pointers to future reforms needs for the which in Nepal appears to be still lacking. In effectiveness of the Nepal's Civil Service. particular, the relationship between MOGA and ii. Taking cognizance of the provisions of the the PSC is a very delicate one. PSC has to be Interim Constitution, 2007, Nepal's civil service close with MOGA but not so close as to be system must prepare itself for the emerging influenced by the Ministry on issues that has a change to be introduced in the structure of the bearing on objectivity, integrity, political civil service arising out of several factors - the neutrality, selection and promotion of civil country's demographics, technology, social servants on grounds of merit. Sometimes, on trends and the government - employees relation occasions, it seems that PSC is being treated and also for initiating future reform measures of as an extended hand of the government which the civil service – a function which the Interim in fact it is not. The lack of cordial working Constitution of 2007 expects the Commission 's relation between the two can be a serious report to include. impediment to working together in developing a

- 59 - - 60 - iii. The Interim Constitution lays down the right to to an increasing number of job seekers in terms social justice as one of the fundamental rights of accepting their applications for examinations (article 21, part III). The article says that it would and conducting other various tests. This means be the right of those economically, socially and that the work pressure of the PSC is bound to educationally backward women, Dalit, increase in the years to come unless existing Indigenious Janjati, Madhesi community, civil service rules and regulations are changed downtrodden (utpidit) community, poor farmers and the newer technology is introduced. But the and labor to participate in the State structure resources of the Commission in all probability based on proportional inclusive principle. This will not increase as fast as the number of Article obviously has its implications also on the applicants. Hence, the Commission will have to structure and the composition of the present explore ways and means of providing quality and future civil service. Moreover, some services to the ever increasing number of principles need to be developed at the earliest, people aspiring for government jobs. on the basis of which reservations for women, b. Another significant implication arising out of the Janajati, Madhesi, Utpidit, and Apanga could be of the Interim Constitution's provision of decided upon and continually revised when fundamental right on the functions and required. responsibilities of the Commission rest on the a. Demographics: The strength of the present civil fact that the Commission will have to work service constitutes around 100 thousand towards providing opportunities, based on the approved positions. The entry into the labor principles of social inclusion, to economically, market of an increasing number of workforces socially and educationally backward women, has exerted pressure on the PSC also in terms Dalit, Indigenious Janjati, Madhesi community, of increasing number of candidates desiring to downtrodden (utpidit) community to participate enter the government posts. This will continue in in the State to enter into government jobs. The future as well. By 2021, the total population will Commission probably would also have to reach a level of 35.39 million from the existing consider disables to provide them opportunities level of 26.0 million in 2006. With the growth in to enter into government positions. This the activities of the private sector, some new probably involves massive changes in the entrants in the labor market will find job in the existing rules and regulations of the civil service private sector and some will perhaps opt to go – a task the Commission would have to be abroad in search of jobs. Nonetheless, the fact indulged in also, besides developing principles remains that a substantial number of them will for their reservation in the government. also seek to get into the government jobs which Women comprises around 50.1 percent of the mean that the PSC will have to provide services total population in Nepal in 2001 and it share in - 61 - - 62 - administration amounts to 7.8 percent (2000). for technical cooperation from the donor Dalits comprise 12.9 percent (2.9 million) of the communities to strengthen its performance in a total population but its share in administration is bid to improve over all bureaucracy. by and large unknown. Indigenous people d. Social inclusion; Nepalese society is multi- comprises 37.2 percent (8.4 million) of the total cultural, and multi - ethnic society. Indigenous population but here again its representation in peoples are one of the largest vulnerable the bureaucracy remains to be counted upon. segments of society. They are not able to Disabled population comprises 1.63 percent of participate in the governance of the country, nor the total population (0.37 million) but their are they adequately represented in national representation in the bureaucracy is still social, economic, political and administrative unknown.7 Measures need to be formulated so processes. The civil service system needs to as to give them opportunities to induct recognize this fact and hence, it is neither them/increase their share in the bureaucracy. desirable nor possible to insulate or exclude This means that the civil service system needs them form the governance system. The to be reorganized, recognizing the value of their question is how to get these concerns reflected representation in the country's bureaucracy for in the functioning of the Commission. the over all development of the country. e. Perspective on Nepal's future Civil Service: One c. Technology: It is another important aspect of major area that deserves attention of the reform. Only with the introduction of newer Commission deals with framing of the terms technology, the PSC will be able to discharge its and conditions of the civil servants that includes responsibilities efficiently and effectively. The the retirement age, pay structure, the concept of e-governance in the Commission government-employees relation, the issue of remains an abstraction rarely to be practiced. letting the civil servants organized in a traded Very little study has been done in the context of union like manner and so on, based on a long identifying the kind of technology that is term plan. What boils down to is that the available to facilitate the function of the Commission needs to be allowed to play much Commission. This is where a strong case exists more proactive role than has hitherto been for the technical assistance for the Commission possible in terms of formulating service or of a kind of twining arrangement with similar conditions of the civil servants. The challenge organizations in other countries. However, the for the civil service is to recognize the changing past track record reveals that Public Service nature of the tasks to be performed, and move commission has never been an attractive area away from the traditional job structure, to one

which facilitates a different hiring strategy, 7 For the definitions of indigenous, dalits and disabled population, please see Nepal Human Development Report, 2004. flexible work patterns, compensation structures - 63 - - 64 - and career planning. This will certainly help (2) His Majesty shall, on the recommendation of the formulate a civil service policy which is politically Constitutional Council, appoint the Chairman neutral but responsive to the needs of the day. and other members of the Public Service Commission. f. Information: The Commission has come a long way in terms of presenting statistics related to its (3) At least fifty percent of the total number of the works in its annual reports. But for analytical members of the Public Service Commission purposes, the coverage of information needs to be shall be appointed from persons who have enlarged and the presentation probably needs worked for ten or more than ten years in any changes. For instance, it is not possible to get government office, and the rest of the members information on the number of applicants who shall be appointed from persons, who have applied and who were recommended with worked for ten or more than ten years in any degrees from foreign countries, and so on. government office, and the rest of the members shall be appointed from persons, who have 2.7. Conclusion done research, investigation, teaching or any The integrity and value of the de-politicized civil service other significant work in fields such as science, needs to be upheld. The efficiency and effectiveness of art, literature, law or any other sphere of the entire bureaucratic machinery is also influenced by national life and who hold a high reputation. the structure and size of the bureaucracy which is based (4) The term of office of the Chairman and the on meritocracy. This is where the role of the Commission members of the Public Service Commission continues to be important as ever. The good thing is that shall be six years from the date of appointment. the spirit for reform continues to remain the Commission, They shall be eligible for reappointment: despite several constraints to translate it into concrete terms. Provided that- (a) if before the expiry of his term, the Chairman or a member of the Public Annex I Service Commission attains the age of Public Service commission in the Constitution of the sixty five, he shall retire. Kingdom of Nepal, 1990 (b) the chairman and the members of the 101. (1) There shall be a Public Service Commission of Public Service Commission may be the Kingdom of Nepal consisting of a Chairman removed from their offices on the same and such number of other members as may be grounds and in the same manner as has required. been set forth for removal of a Judge of the Supreme Court.

- 65 - - 66 - (5) The office of the Chairman or a member of the (a) nothing in this clause shall be a bar to Public Service Commission shall be deemed appointment of a member of the Public vacant in the following circumstances:- Service Commission as Chairman thereof, and when a member is so appointed as (a) if he dies; or the Chairman, his term of office shall be (b) if his resignation submitted to His computed as to include his term as Majesty in writing is accepted by Him; or member; and (c) if pursuant to clause (4) his term expires (b) nothing in this clause shall be a bar to or he is removed from his office. appointment to any position of a political (6) No person shall be eligible to be appointed as nature, or to any position which has the the Chairman or a member of the Public Service responsibility of making investigation, Commission unless he: inquiries or findings on any subject, or to any position which has the responsibility of (a) holds a Post Graduate Degree from a submitting advice, opinions or university recognized by His Majesty's recommendations after carrying out Government; studies or research on any subject. (b) is not a member of any political party 102. Functions, Duties and Powers of the Public Service immediately before appointment; and Commission : (c) has attained the age of forty five. (1) It shall be the duty of the Public Service (7) The remuneration and other conditions of Commission to conduct examinations for the service of the Chairman and the members of the selection of suitable candidates to be appointed Public Service Commission shall be as to Civil Service posts. determined by law. The remuneration and other Explanation : For the purpose of this Article, all conditions of service of the Chairman and the services and positions in His Majesty's members of the Public Service Commission Government shall be deemed included within Shall not, so long as they hold office, are altered the Civil Service, except Army Officers and to their disadvantage. Soldiers, the service and positions of Police (8) A person once appointed to the office of the Personnel, and such other services and Chairman or a member of the Public Service positions as are excluded from the Civil Service Commission shall not be eligible for or positions by any law. appointment in other Government Service: (2) Permanent appointment to any position in the Provided that – Civil Service which carries the benefit of

- 67 - - 68 - pension shall not be made except in (4) Notwithstanding anything contained in clause consultation with the Public Service (3), matters falling within the purview of the Commission. Judicial Service Commission pursuant to Article 94 of this Constitution shall be governed by the (3) The Public Service Commission shall be Article. consulted on the following subjects:- (5) The Public Service Commission may delegate (a) matters concerning the law relating to any of its function, duties and powers to any of the conditions of service of the Civil its members, a committee of such members or Service; any employee of His Majesty's Government, to (b) the general principles to be followed in be exercised and complied with subject to the the course of appointment to, and specified condition. departmental action concerning the Civil (6) Subject to this Constitution, other functions, Service or positions; duties and working procedures of the Public (c) matters concerning the suitability of any Service Commission shall be as regulated by candidate for appointment to a Civil law. Service position for a period of more (7) Each year, the Public Service Commission shall than six months; submit to His Majesty an annual report on the (d) matters concerning the suitability of any works it has performed. His Majesty shall cause candidate for transfer or promotion from report to be laid before Parliament. one service to another within the Civil ______Service or from any other Government Services to the Civil Services; Excerpt form The Constitution of the Kingdom of Nepal, 1990. (e) matters concerning the permanent transfer or promotion of any employee, References working in any position of an organization which is not required to 1. Central Bureau of Statistics and Ministry of Population consult with the Public Service and Environment, 2003, Population Projections for Commission on matters of appointment, Nepal, 2001-20021, Kathmandu. to any position for which consultation 2. Government of Nepal, 2006, Nepal's Interim with the Public Service Commission is Constitution, 2006 ( Nepali), Kathmandu. required; and 3. Government of Nepal, Ministry of Law and Justice, 1990, The Constitution of the Kingdom of Nepal, 1990, (f) matters relating to departmental actions Kathmandu. proposed against any Civil Servant. - 69 - - 70 - 4. Hulme, Prof. David and Mr. Willy McCourt, 1995, Report on the Identification and Design of a Project to Public Service Commission: New Role in the Support the Public Service Commission of Nepal, Institute for Development Policy and management, New Millennium University of Manchester, UK. ♣ 5. Ministry of Finance, 2005, Targets and Performances of - Sharada Prasad Trital Public Enterprises (FY 2003/04 – 2005/06), Abstract Kathmandu.

6. P.D.P. Australia Pty Ltd, 2002, Institutional Support for The concept of Public Service Commission/Civil Service Commission Governance Reform, Draft Final Report, Asian was developed in order to recruit and select qualified and capable Development Bank, Kathmandu. personnel for the government to discharge its duties and 7. Piyamada, Montana, 1993, The Public Service responsibilities effectively and efficiently. Later on it became the protector, promoter and the guardian of merit system in civil service. Commission of Nepal, Examinations and Operations, The role of such a commission in the beginning was mainly limited only Ministry of General Administration, Pulchowk, Lalitpur. to conduct competitive examinations for the recruitment of civil 8. Public Service Commission, 2006, Forty-seventh servants in the government agencies. The role of such commissions Annual Report (in Nepali), Public Service Commission, has been changed since the last two and half decades around the Kathmandu. world. However, the case of Nepalese Public Service Commission is different from that of many other public/Civil service commissions 9. Shakya, Rabindra, 2006, "Guardians of Civil Service in around the world. Nepalese PSC is noticeably engaged primarily in the SAARC Countries," in Civil Service Journal, Vol.27, traditional function of conducting examinations for the appointment of No.2, Kathmandu. candidates in the civil service posts. In this context, this article aims at 10. Shakya, Rabindra, 2006, "Yogyata Pranalika Bartaman highlighting the role of Public Service Commission/Civil Service Chunauti Ra Sudharka Chhetraharu" Civil Service Commission of some selected countries and attempts to suggest some measures to improve the role of Nepalese Public Service Commission Journal, Vol.27, No.1, Kathmandu. in this new context. 11. Shakya, Rabindra, 2004, "Public Service Commission – Continuity and Change" in Civil Service Journal , Introduction Vol25, No.2, Kathmandu 12. Shakya, Rabindra, 1995, The Public Service Human resource is the most important component for making Commission: A Brief Introduction, Public Service good administration. To find and to retain capable personnel in Commission Secretariat, Kathmandu. the organization and to help create and maintain working 13. Suwal, Rajendra and Dinesh Pant, 1995, A Report on conditions under which they can do their best are the most Strengthening the Public Service Commission of Nepal, significant tasks of human resources management. There are Kathmandu. two models for the human resource management in the public sector. The first one is the "commission model" and the second

is the "executive personnel office model". As a commission

♣ JOINT SECRETARY, GOVERNMENT OF NEPAL. - 71 - - 72 - model, Public Service Commissions (PSCs) in many countries The commission aims at making a difference by working with have been playing a pivotal role for many years. managers to deliver their agency’s priorities through good practices in managing people. The commission can help them Traditionally PSCs' role was focused on recruiting civil prepare their Senior Executive Service employees for servants and recommending them for the appointment to the tomorrow’s leadership challenges, equip their people with the government positions. It was also entrusted with the role of skills and knowledge they need, and support them in central personnel agency (CPA) in many countries. Since developing ethical behaviors. The commission provides 1980s, PSC’s new roles have been explored, which includes credible evaluation and benchmarking data to underpin the management development, management audit, study and strategic responses. It can also help their agency meet the research in public administration, and public service regulation. legislative and Australian Government policy obligations that A cursory look at the civil service systems of the United States apply to people management. Likewise, the commission gives of America, Australia, New Zealand, Canada, United Kingdom, a special priority to helping agencies increase employment and shows that the traditional role of PSCs has been changed retention rates for Aboriginal and Torres Strait Islander people. significantly. The Commission can provide the agencies with a range of Public Service Commission, in many countries is also known tools to help them with their business and workforce planning as Civil Service Commission, because the main function of responsibilities, introducing them to best practice strategic such a commission is to manage the recruitment and selection solutions. as well as other policy related affairs of civil servants and civil The Commission’s policy responsibilities include: service. Whatever the name be, PSC has played the crucial role of a guardian institution to protect merit system in ƒ promoting and upholding the merit principle, recruitment and selection process all around the world. The ƒ developing people management policies and practices formation and authority structure in general of such in recruitment, selection, mobility, conduct, commissions seems to be independent and autonomous. The performance, redeployment and retirement, modern role of PSC/CSC has been extended up to the effectiveness of public service in many countries. However, ƒ facilitating continuous improvement in people Nepalese PSC is still confined only conducting the competitive management throughout the APS, examinations for the appointment of civil service positions. ƒ fostering leadership in the APS, 1. International Perspectives ƒ coordinating and supporting APS-wide training and career development opportunities in the APS, The role of the present Australian Public Service Commission is totally different than that of its traditional role. The present ƒ promoting and reporting on workplace diversity in the role of Australian Public Service Commission is to promote, APS. review and evaluate a values-based Australian Public Service Below are brief discussions on the functions of other civil (APS) and to foster its capability. In addition, it also acts as a service related commissions of some other countries:- regulatory institution in Australia. The functions of a Public Service Commission of Bangladesh is-

- 73 - - 74 - ƒ to conduct tests and examinations for the selection of develops policies and guidance for Public Service managers suitable persons for appointment of the service of the and holds them accountable for their staffing decisions. It Republic, conducts audits and investigations to confirm the effectiveness of the staffing system and to make improvements. As an ƒ to advise the President on any matter in which the independent agency, the commission reports its results to the commission is consulted or on any matter connected parliament. with its functions which is referred to the commission by the President, and The commission recruits talented Canadians to the Public Service, drawn from across the country. It continually renews ƒ such other functions as may be prescribed by law. its recruitment services to meet the needs of a modern and Subject to the provisions of any law made by the innovative Public Service. In serving the parliament and parliament, and any regulation (not inconsistent with Canadians, the commission is guided by and proudly adheres such law), which may be made by the President after to the values of integrity in the actions; fairness in the consultation with a commission, the President shall decisions, respect in the relationships, and transparency in its consult a commission with respect to- communications. ƒ matters relating to qualifications for, and methods of The Canadian Public Service Commission has two types of recruitment to, the service of the Republic, responsibilities. The first type is exclusive responsibility, which ƒ the principles to be followed in making appointments to includes: that service and promotions and transfers from one ƒ making appointments to and within the Public Service branch of the service to another, and the suitability of according to merit, candidates for such appointment, promotions and ƒ making regulations, developing and administering transfers, processes, and establishing standards, ƒ matters affecting the terms and conditions (including ƒ conducting investigations, personal rights) of that service, and ƒ auditing and monitoring staffing activities, ƒ the discipline of the service. ƒ administering sections of the PSEA pertaining to the The Public Service Commission (PSC) of Canada is an political activities of public servants, independent agency responsible for safeguarding the values of a professional Public Service - competence, non-partisanship ƒ making exclusions from the operation of the PSEA, and representativeness. The Public Service Commission is ƒ and reporting to the Governor-in-Council on matters dedicated in building a Public Service that strives for relating to the application of the PSEA and to the excellence. The commission protects merit, non-partisanship, parliament on activities of the PSC and departments. representativeness and the use of both official languages. The PSEA enables the PSC to delegate its authority to make The PSC of Canada safeguards the integrity of staffing in the appointments to departments and agencies. Through staffing Public Service and the political impartiality of public servants. It delegation and accountability agreements, the PSC entrusts - 75 - - 76 - departments and agencies with a major role and responsibility The Commission's services and projects are classified into six in selection and appointment, and holds them ultimately reform areas of: accountable to the PSC. 1. effective and efficient administrative justice, The second type of responsibility is non-exclusive 2. professionalizing the civil service, responsibility which comprises of: 3. improving public service delivery, ƒ audits of certain human resources management functions, 4. harnessing public sector unionism, ƒ career development and counseling for executives, 5. strengthening external relations, and ƒ and administration and implementation of special 6. managing support services. measures and employment equity (EE) programs. The Union Public Service Commission of India has been The PSC shares responsibilities under the Employment Equity entrusted with the administrative as well as advisory powers. Act with Treasury Board because of its authority over staffing The administrative powers of the commission are; in the Public Service. The PSC may also carry out, under its ƒ to conduct examinations for appointments to all the civil own activities, the implementation of programs in a manner to service posts of the Union Government, and further EE in the Public Service, as well as adopt regulations respecting the appointment of persons from EE designated ƒ to frame and operate schemes of joint recruitment for groups. any State Services, if requested by the State Governments concerned. The Philippine Civil Service Commission (CSC) is the central personnel agency of the Philippine government. One of the Besides, the UPSC shall be consulted on; three independent constitutional commissions with adjudicative ƒ all matters relating to methods of recruitment to civil responsibility in the national government structure, it is also services or civil service posts, tasked to render final arbitration on disputes and personnel ƒ the principles to be followed in making appointments to actions on Civil Service matters. Specific Functions of the civil services and posts and in making promotions and commission are as; transfers from one service to another and on the ƒ leading and initiating the professionalization of the civil suitability of candidates for such appointments, service, promotions and transfers, ƒ promoting public accountability in government service, ƒ all disciplinary matters affecting a person serving under ƒ adopting performance-based tenure in government, Government of India in a civil capacity, ƒ and implementing the integrated rewards and ƒ any claim by, or in respect of, any person of civil incentives program for government employees. service, present or past, for any costs incurred by him/her in defending legal proceedings instituted

- 77 - - 78 - against him/her in respect of acts done or purporting to for the purpose of instatement and appointment to the be done in his/her official capacity, civil service and to set position levels and salary steps. ƒ on any claim for the award of a pension in respect of The Korean Civil Service Commission has to foster injuries sustained by a person while serving under the competent and trustworthy civil servants to achieve a Government of India in a civil capacity. clean and efficient government for Korea. The roles and responsibilities of Korean Civil Service Commission are The major role played by the Commission is to select persons to: to man the various Central Civil Services and Posts and the Services common to the Union and States (viz. All-India ƒ establish basic personnel policies and civil service Services). reform agendas, The Civil Service Commission of Thailand has the authority ƒ screen appointment and promotion of senior civil and duties of; servants, ƒ making proposals and giving advice to the Cabinet ƒ introduce job analysis and performance-based concerning standards of civil service personnel personnel system, administration, ƒ coordinate training and education system, ƒ considering and forming manpower planning policies ƒ administer recruitment examination, for the civil service, ƒ develop HR database for Public Service and manage e- ƒ issuing regulations for ministries, bureaus and HRM system, departments concerning examinations, appointments, salary step increases, disciplinary action, and ƒ hear and determine appeals of civil servants, termination of service, ƒ provide improved remuneration and benefits. ƒ reporting to the Cabinet regarding appropriate The Public Service Commission of Singapore is responsible adjustments in compensation, position allowances, for the appointment, promotion, transfer, dismissal and cost-of-living allowances, and welfare or other fringe exercise of disciplinary control of public officers. Its functions benefits for civil servants, are divided into statutory and non-statutory roles. The statutory ƒ setting policies and issuing directives concerning functions include appointing and promoting talented people, Government and King’s Scholarships so as to hearing appeals, maintaining discipline, and other functions correspond with the manpower needs of government delegated to Personnel Boards, etc. The non-statutory agencies, functions are selecting and managing PSC scholars, and appointing and promoting Chief Executive Officers. ƒ issuing rules or regulations to monitor government officials studying or training abroad, The core functions of the Public Service Commission of Kenya are recruitment for the public service and local authorities, ƒ considering and accrediting degrees, vocational and promotion and acting appointments of public officers, professional diplomas and other educational credentials - 79 - - 80 - disciplinary control in the public service and local authorities, made except in consultation with the Commission. The retirement and removal of public officers, establishment of commission is also responsible to provide necessary standards of ethical conduct of public officers, issuance and recommendations to the Government on the following matters; administration of the Code of Conduct for public officers in ƒ any matters related to the laws that defines the terms accordance with the provisions of the Public Officer Ethics Act and conditions of the civil service, 2003, and Civil service examinations and occupational tests. The core values of the Public Service Commission of Kenya ƒ the general principles to be followed in course of are integrity, reliability, confidentiality, team spirit, meritocracy, appointment or promotion in any civil service posts or and fairness. while taking departmental action against any of its incumbents, The United States Civil Service Commission was created by the Pendleton Civil Service Reform Act, which was passed into ƒ the suitability of any candidate for appointment to a civil law on 16 January 1883. The commission was created to service position for a period of more than six months, administer the civil service of the United States federal ƒ the suitability of any candidate for transfer or promotion government in response to the assassination of President from one service to another within the civil service or James Garfield by Charles Guiteau, who is said to have been a from any other government service to the civil service, rejected office seeker. Effective from 1 January 1978, the commission was renamed as the Office of Personnel ƒ the permanent transfer or promotion of any employee, Management under the provisions of Reorganization Plan of working in any position of an organization which is not 1978 and the Civil Service Reform Act of 1978. In addition, required to consult with the Public Service Commission several of its functions were spun off to the Equal Employment on matters of appointment, to any position for which Opportunity Commission (EEOC) and the Office of Special consultation with the Public Service Commission is Counsel (OSC). In State level, there are public service required, commissions with the responsibility of personnel management ƒ the departmental action against any civil servants. as well as regulation of utilities in the respective states. Before 1990, the PSC of Nepal was entrusted with the role to Having stated the above examples of some countries, it can be look after the recruitment and promotion of the personnel in the said that the role of the contemporary Public Service Public Corporations also. At that time the personnel Commission around the world has been extended enormously. management was more fair and credible and the overall performance of many corporations was more satisfactory than 2. The Nepalese Perspective that of today. The major responsibility of Nepalese Public Service Commission even today is to conduct examinations for the 3. New Role of PSC for the New Millennium selection of suitable candidates for appointment to various civil A new concept, Public Service Commission (PSC) is emerging. service posts. It is also provided the coercive statutory According to this concept, Public Service Commission (PSC) in provision that permanent appointment to any position in the many countries has been a governing body that regulates the civil service which carries the benefit of pension shall not be public service provision of a public utility, or other entities. In

- 81 - - 82 - New Zealand for example, the State Service Commission be entrusted with the Public Service Commission of Nepal. It reviews government statutory powers to ensure efficiency and does not necessarily need to engage in all activities of effectiveness in meeting public sector management objectives. recruitment and selection of such services. But, in my opinion It also acts as the human relations department, or central the involvement of Public Service Commission in some personnel authority, for the citizens' interaction with the selected parts of recruitment and selection procedures for the government. Some of the commissions that play the role of entire government service is indispensable. It should focus its regulatory bodies in their respective governments are responsibility mainly on setting principles and standards for Australian Public Service Commission, Fiji Public Service each examination. It can delegate the authority to conduct Commission, Hong Kong Public Service Commission, examinations for any agency with the guidelines to conduct Karnataka Public Service Commission, Kerala Public Service such examinations. Similarly, it should make itself capable of Commission and Tamil Nadu Public Service Commission of supervising and monitoring the activities delegated to the India, Malaysia Public Service Commission, South Africa concerned agencies. Public Service Commission, Singapore Public Service The Public Service Commission should have the power and Commission, and most of the State Public Service responsibility in making principles and modality for Commissions in the United States. inclusiveness in the public services of the country. The Coming back to Nepal and talking about Nepalese Government of Nepal may make the policy decisions in such indigenous experience, improved selection system is one of issues and request the Commission for setting principles and the major challenges for the Public Service Commission of standards. Nepal. The commission that fails to recruit aggressively the The Public Service Commission can play a CPA role for the best available and highly talented people, distinguish management of public services in the country. It can serve as a superior applicants from average ones, and secure the central body of management audit of the government services of those it selects, will lack the capacity to achieve agencies. It should also take the responsibility of regulating the mandated objectives and maintain credibility with the personnel management in the Public Corporations. government as well as the public as a whole. To internalize this truth, one needs, only to consider that what would Public Service Commission can play a pivotal role in the process of happen if such efforts were not made. Serious mismatches promotion and strengthening of professional ethics in the government between a personnel's abilities and job requirements are agencies. It can develop the principles and code of ethics for the likely to result in poor work performance, reduced morale public servants and monitor the implementation of such principles. within the work group, higher training costs, and so on. The Public Service Commission of Nepal can also play the Because the quality of an organization's human resources regulatory role for the public service provision in the country. It directly affects the quality of services provided, mismatches can develop the principles, standards and indicators for the between employee's abilities and job requirements impose effectiveness of public service provision in the country. costs on the society as well. The other major role for Public Service Commission would be In this context, the leading role in selection and recruitment of to focus on the study and research in the area of public not only civil servants but also the entire public servants should administration. The responsibility of O&M survey of - 83 - - 84 - government agencies could be given to the Public Service Commission. Revitalizing Nepalesecy: Is Bureaucra Public Service 4. Conclusions Commission AddressReady to New challenges? The role of Public Service Commission in many countries of - Ram Babu Nepal⊕ the world has changed for the last two and half decades. However, the Nepalese case seems to be traditional in this Abstract context. The Nepalese Public Service Commission, therefore, The implication and the role of bureaucracy in organizing public affairs needs to be restructured with the role of modern management and enhancing the level of public confidence over the institutions of perspectives. It can play a vital role in making Nepalese public governance have been well accepted. The attributes of modern sector more effective and result-oriented for this, the bureaucracy include its impersonality, concentration of the means of government, through rules/regulations or any other statutory administration, a leveling effect on social and economic differences instrument must provide the commission adequate power, and implementation of a system of authority that is practically responsibilities and resources. indestructible. Public Service Commission Dealing fairly and effectively through dynamic performance management and evaluation References system is critical to secure public confidence over the establishment. In this article, the author has nicely dealt on various aspects of Khanal, Dr. Shambhu Prasad. “Public Service Commission in Nepalese bureaucracy and also forwards conceptual meaning of Nepal and its role in Strengthening the Bureaucracy.” Civil bureaucracy, managing the bureaucracy, role and functions of Service Journal 26.1&2 (1962): Public Service Commission, bureaucracy, factors influencing the management of bureaucracy, Nepal. challenge and prospects of bureaucracy and finally concluding remarks. White, L. D. Introduction to the Study of Public Administration. 4th Ed. New Delhi: Eurasia Publishing House P. Ltd., 1954. Introduction

Tompkins, Jonathan. Human Resource Management in The bureaucracy of a nation is a permanent institution and one Government- hitting the ground running.Newyork, London…. of the important parts of the larger system of governance. Its Longman, 1995. basic role is to assist government to providing law and order Various Issues of Civil Service Journal, Public Service and sound administration through effective implementation of Commission, Nepal. policies, programs and decisions. It acts in the interests of Various Issues of Prashasan (Public Administration) Journal, citizens as identified and defined by those who are elected to published by Ministry of General Administration, Nepal govern and to reflect citizen’s common purposes. Bureaucracy wikipedia.org. ⊕ Former Assistant Auditor General – office of the Auditor General, Nepal. Currently associated with the Organization for the prohibition of Chemical Weapons, The Hague, The Netherlands. The views expressed in this article do not necessarily reflect the opinion and policy of the organization the author associated with. - 85 - - 86 - has enduring relation with the society it serves by virtue of its orientation of bureaucrats play an important role in promoting purpose, scope and institutional continuity. It contributes in a public confidence over the institutions of governance. Their fundamental way to good government by supporting policy- satisfaction and performance orientation is significant in making, delivering public services and ensuring objectivity, making best use of available resources. No matter how accountability, transparency and managing programs. The excellent might be the government of the day or how wise its effectiveness and the efficiency with which bureaucracy carries administrative acts; it might be spoilt by the faults of out its functions contribute substantially in the stability and bureaucracy. continuity of government and eventually consolidating the As one of the main organs of government, bureaucracy has a system of democratic governance. In return, it gains trust and number of responsibilities and commitments: to the public it support from citizen. serves, to the laws that govern its powers and management; to Public expect the bureaucracy to be open and transparent in the Ministers who are the political heads of ministries; to future its aims and operations and providing explanations of what it governments that might some day in power; and to the does, why, and at what cost. The bureaucracy has greater Parliament that passes the laws and approves the budget obligation to make best possible use of public resources and administered by the service. The underlying objectives of the instruments in doing its work in the absence of market force bureaucracy are to: encourage more and more people to fulfill incentives. It must be prudent, innovative, pro-active, their responsibilities as citizens (encourage people to meet encouraging continuous learning and willing to improve their responsibilities towards state and society) and for performance. An efficient bureaucracy (people with government to be especially sensitive to the voices of citizen - commitment, skills, knowledge and experience) carries out its through the design and implementation of public policy. The functions in the best possible and least wasteful manner. It management of bureaucracy entails a wide range of issues: needs the ability and willingness to learn, to adjust and to planning the organization, deciding the size of bureaucracy, job renew itself in the face of continuing and rapid change which description and related requirements (qualification, experience implies always working to improve the ways things are done. and competencies), promoting bureaucratic values and encouraging compliance with code of ethics, retaining qualified Managing the bureaucracy: the rationale and experienced staff, sustaining morale, promoting organizational learning, devising and implementing a rational An efficient and effective management of bureaucracy is performance evaluation system. essential for a number of reasons which include its critical role in: (a) ensuring the delivery public goods and services to Role and functions of bureaucracy citizen, (b) formulating and implementing public policies, programs and projects, (c) maintaining and preserving Bureaucracy has to serve the interests of citizens and to institutional memory of the decisions of government and the provide an efficient, effective and fair service to individuals, results of their implementation, (d) maintaining law and order, groups and societies. It affects and is affected by other (e) augmenting and sustaining growth and development elements of governance. Its functions are to assist Ministers initiatives. The approach, performance and the service and to serve public interests. Its main features are political - 87 - - 88 - neutrality, anonymity, impartiality, dedication, professionalism parties, identification of options, analysis, consensus and loyalty to the government of the day. ‘Anonymity may building, and consultation with stakeholders. prove to be connected to the ability and duty of a public service • To deliver or manage and/or monitor the delivery of to speak truth to power, yet reserve faithfully succeeding public services. governments of differing political views, and be trusted by them.’8 It deals with issues that never make their way to • To ensure compliance with established regulations and political stage. These practices are developed in the context of procedures. the administrative framework legislated by the Parliament. In a • To support ministers in translating policy decisions and democratic state, the making of public policy is in the domain bringing forward policy proposals designed to achieve of politics - mobilizing, focusing, articulating, and compromising government’s objectives. among the interests of individual citizens through the mechanisms of the media, political parties, special interest • To support in strengthening the institutions of groups and the electoral process, all within a framework of governance by developing appropriate procedures, political institutions and traditions. Bureaucracy provides preserving institutional memory, the sharing of practical and objective advice and relevant information for professional skill, experience and knowledge. policy formulation, supports in determining implementation • To develop administrative practices to ensure procedures, information and feedback for the evaluation of economy, efficiency, effectiveness transparency and public policies and programs. A good bureaucracy is very accountability. important in five areas – governance, production of public goods and services, economic and social policy, • To ensure that the ministers have reliable and relevant expenditure/revenue and project administration, fiscal information to make right decisions, to meet their sustainability, and institutional development. Changed public accountability obligations and to remain answerable to opinion demands that bureaucracy perform more as a service Parliament. provider than exercising administrative authorities to control. It Factor influencing the management of bureaucracy demands the change in mindset that makes bureaucrats pro- active, caring public and responding them efficiently and The management of the bureaucracy is influenced by a effectively. The principles of responsible government providing number of factors. The pressure from its stakeholders the foundation to the roles, responsibilities and values of contribute in consolidating the roles and responsibilities of bureaucrats can be summarized as follows: bureaucracy because such pressure raises a number of questions related to its jurisdiction, the quality of services it • To provide policy advice to ministers which includes the manages and delivers. Irrespective of the political philosophy definition of issues, consultations with interested of a government and the stage of socio-economic development, bureaucracy is expected to support elected 8 A Strong Foundation: Report of the Task Force on Public Service Values and Ethics, Canadian Centre for Management Development, 2000, p. 12 - 89 - - 90 - executives to meet their basic responsibilities which and effective in discharging their duties and treat them encompass the following: fairly. People are normally critical to the quality of services delivered to them, responsiveness to public requests, pro- (a) To maintain law and order. activeness and the way of handling public issues. The (b) To maintain macroeconomic stability. credibility of government will be at stake when people (c) To develop and maintain infrastructures to provide consider that services are falling short in promptness, public goods. reliability, expediency, openness, and sincerity. (d) To prevent market failures. 2. Socio-cultural environment – It makes enduring effect in the values of service in bureaucrats. How a society (e) To promote and ensure socio-economic justice and grooms its members and prepares them for public service equity. is very important in shaping the quality and service Success in these specific areas of responsibilities is vital to orientation. Socio-cultural environment in our society does sustain the credibility of a state system. The changes in the not seriously consider grooming younger generation to be concept relating to the role of state have substantially service oriented. But rather it focuses to be a master and influenced the public perception on the role of bureaucracy. enjoy the authorities entrusted to satisfy personal ego and The concept of holding wide responsibilities of providing every to show grandeur. This has resultant effect on the quality sphere of public services through government organization has of service and preparedness to serve and treat people. been seriously challenged. Governments are asked to 3. Political leadership – Bureaucracy and political leadership encourage the participation of private sector in delivering play complimentary role in governance. Political leadership services and to operate its organizations in a business like cannot achieve its objective of delivering better services to manner. There is an increased emphasis on maintaining people without the support of an efficient bureaucracy. critical balance between: (a) the fairness to society and Similarly, bureaucracy cannot move forward in making its responsiveness to individual needs and expectations; and (b) role dynamic and pro-active without the support of political due process and efficiency. Under the condition of rapid leadership. The support of bureaucracy is critical to change, bureaucracy has to maintain high standards of translate the philosophy and program of a political party professionalism. The major factors that influence the into actions. Democratic principles emphasizes on the management of bureaucracy are as follows: participatory approach in governance. Political leadership 1. Public (citizen) – As the legitimate source of power of a should be prepared to encourage such approach and face government, the public voices and expectations make consequences. It should be receptive to criticisms to make substantial impact in the formulation and implementation bureaucracy people oriented. In many cases, political of public policies and programs in a democratic system. leadership tends to criticize bureaucracy but ignore its own Although, the process of reflecting the voices and vital responsibilities of gaining optimum out of it. expectations may be indirect, government cannot ignore them. People expect bureaucrats to be prudent, efficient - 91 - - 92 - 4. Economy - Some of the critical economic parameters such ™ Avoid or withdraw from activities or situations that place as budget deficits, unemployment, low investment, rising them in real, potential or apparent conflict of interest in inflation and cuts to government spending substantially performing official duties. influence the performance of bureaucracy and pose ™ Prevent solicitation of the transfers of financial benefits serious challenges to their decision making capacity. or interests in exchange of performing official duties. Economic environment demands changes in the priority for investment and spending and on the approach of ™ Not step out of their official roles to assist private entities delivering public services. or persons in their dealings with the government which result in offering preferential treatment to such entities or Modern management focuses mainly on the following and persons. bureaucracy has the critical responsibility of translating them into practice. ™ Not knowingly take advantage of, or benefit from, information that is obtained in the course of their official • A bold use of market like mechanisms for those parts of duties and that is not generally available to the public. the public sector that cannot be transferred directly into private ownership. ™ Not directly or indirectly use, or allow the use of, government property of any kind, for anything other than • Be less involved in direct service provision. officially approved activities. Decentralize the management and delivery of public services. Bureaucrats are required to observe and demonstrate through their actions and behavior compliance with the specific code of • Continually evaluate the ways of improving service conduct requirements contained in the statutes governing their quality to ensure client (stakeholder) satisfaction. organization and profession, and sincerely observe the codes • Provide a flexible framework within which economic and values that guide and support them in discharging their activity can take place and flourish. official duties. This will contribute in enhancing public confidence over their integrity of bureaucrats. Democratic • Continuously evaluate policy effectiveness. Promote governance demands high standard of performance and the quality of regulation with complete information on behavior from bureaucrats. They should be guided by the potential impact of public policies. following values: • Develop planning and leadership functions to respond Democratic Values: Helping Ministers, under law, to serve the to future economic and social challenges. public interest. Bureaucrats should: Bureaucrats are expected to observe certain universal • Give honest and impartial advice and make all behavioral discipline irrespective of the form, size of information relevant to a decision available to Ministers. government and the composition of bureaucracy. They should: • Implement lawfully taken ministerial decisions sincerely.

- 93 - - 94 - • Support both individual and collective ministerial discharged by simply acting within the law but also by accountability and provide Parliament and Citizens with fairness, promptness, empathy and prudence. information on the results of their work. • Should make decisions in the interest of citizens in Professional Values: Serving with competence, excellence, performing their official duties. If a conflict arises efficiency, objectivity and impartiality. Bureaucrats: between the private interests and the official duties, the conflict should be resolved in favor of the public • Must work within the laws of nation and maintain the interests. tradition of political neutrality of the bureaucracy. ‘Ethical issues by their nature are issues of conscience, • Should endeavor to ensure the proper, effective and where one option is arguably wrong, or more wrong than efficient use of civil money. other.’9 • Must consider that the ways of achieving ends should People Values: Demonstrating respect, fairness and courtesy be should be as important as the achievements in in their dealings with both citizens and fellow. Bureaucrats discharging the responsibilities of bureaucracy. should: • Should constantly renew their commitment to serve • Respect human dignity, the value of every individual citizens by continually improving the quality of service, and inspire the exercise of authority and responsibility by adapting to changing needs through innovation, and in a prudent manner. by improving the efficiency and effectiveness of government programs and services offered. • Encourage participation of people in governance, openness, communication and respect diversity. • Should also strive to ensure that the value of transparency in government is upheld while respecting • Encourage people to express and justify their opinion their duties of confidentiality under the law. and viewpoint. Ethical Values: public service values in action, where choices People treated with fairness and civility will be have to be made between right and wrong. It is about acting at motivated to display these values in their own conduct. The all times in such a way as to uphold the public trust. following core values determined by the United Nations to Bureaucrats: its employees can be adopted in national our national context. • Must perform their duties and arrange their private affairs so that public confidence and trust in the ƒ Integrity – implies upholding the principles of the integrity, objectivity and impartiality of government are organization’s charter, demonstrating impartiality, conserved and enhanced. fairness, honesty and truthfulness in daily work, performing without consideration for personal gain, • Should act at all times in a manner that will bear the resisting undue political pressure, proper use of power closest public scrutiny; an obligation that is not fully

9 A Strong Foundation, op.cit., p. 4 - 95 - - 96 - or authority, standing in favor of organizations’ decision based on command and control is no longer suited for effective even they are unpopular and initiating prompt action in public sector management. Instead, leaders are increasingly cases of unprofessional and unethical behavior. judged by their ability to motivate and bring out the best in staff, by how well they communicate the vision and mission of ƒ Professionalism - means to have pride in work and the organization, and by their effectiveness in building achievements, demonstrating professional competence partnerships and collaborating with their organizations. and mastery in subject matter, conscientious and Together, the complexity of challenges in the public sector is efficient in meeting commitments, observing deadlines requiring new leadership skills of senior civil servants.’11 and achieving results, persistent even the situation of difficult problems or challenges and remains calm in Secretaries perform as a close and reliable aid to Ministers and stressful situations. support in implementing ministries’ programs, projects and discharging accountability to parliament. But in the meantime, ƒ Respect for diversity/gender – refers to working with they should stand away from political ideology of minister. people from different culture, race, and creed without Ministerial accountability involves the daily provision of bias, treating information and explanations, to Parliament and to public, ƒ fairly, accepting diverse viewpoint and including gender about the activities of the Minister’s departments and 10 perspective in substantive work. conversely a daily sensitization of the department to the views and concerns of Parliament and to the people. It is very The role of Secretary important to maintain a clear distinction in bureaucracy Secretary, as the top echelon in bureaucracy has the critical behavior between implementation of approved policy and responsibilities in promoting and sustaining its credibility, formulation of policy based on political ideology. Secretaries efficiency and effectiveness and keeping it vibrant. Secretaries may add compliance measures to reflect ministry’s particular have a particular responsibility to exemplify, in their actions responsibilities or the statutes governing its operations. They and behaviors, the values of bureaucracy and a duty to may delegate responsibilities and authorities for the inculcate these values into all aspects of the work of their implementation of the bureaucracy code, but cannot delegate organizations. It is expected that Secretaries take special care accountability for ensuring that the code is fully upheld and to ensure that they comply at all times with both the spirit and advanced. the specific requirements of bureaucracy philosophy. Secretaries are entrusted with the critical responsibilities of Secretaries are required to set performance standard of ensuring transparency, accountability, economy, efficiency and organizations under their charge considering rules, regulations effectiveness in the implementation of policies and programs of and program significance and constantly monitor performance their respective ministries. They are also required to ensure fair and encourage staff for innovative ideas. ‘A leadership style treatment of all staff members and encourage them to serve keeping public interest high in their mind and deed. Rules and

10 Using PAS: A Guide for Staff and Supervisors – United Nations – Office of Human Resources Management, 2003, p. 30 11 World Public Sector Report 2005, UN DESA, p. xi - 97 - - 98 - regulations entrust Secretaries significant authorities of making decisions and actions. Transparency implies providing or critical decisions and remain accountable for overall facilitating the access of information on the decisions, performance of ministry. Thus, they can make considerable procedures and results to those who are affected by them. influence in shaping the performance level of respective It is not only related to the access of information on results ministries. Their approach of management, responsiveness to but also on processes applied to reach at conclusion or to staff concerns and quality of administrative leadership produce results. General tendency of bureaucrats to eventually contributes in gaining respect, power and trust. escape from accountability and conceal information are the major reasons of criticism. Passing the responsibility to Challenges and prospects others and denying accepting the responsibility for failures to respond efficiently public requests makes them The bureaucracy of Nepal, at present, is under serious vulnerable to criticism. In addition, lack of clarity in the pressure to operate in an uncertain political climate, not well process to be followed to secure license, permit or defined policy framework, limited resources amidst higher certificates and unwillingness to share information with the public expectation and lower stakeholder support. Enhancing recipients of public services increases criticism. It has the credibility and effectiveness of bureaucracy is the joint become apparent that we focus on promoting a strong responsibility of the government of the day and bureaucrats sense of accountability and transparency to build public themselves. But bureaucracy is categorically criticized as the confidence over bureaucracy. group of opportunists. It has to play a constructive role in managing public policies and programs as a prominent (2) Establishing coherence between the values of the institution of the system of governance. It is an ongoing government of the day and senior bureaucrats – There is process and requires constant assessment of achievements always a disguised conflict between the perspectives of and shortfalls. The major challenges of Nepali bureaucracy the political executive and civil servants. It is because of and measures to address them are as follows: the difference in the value system and perception. There is a general tendency to depict political executives as (1) Promote accountability and transparency – In most cases, incompetent for the high position, biased to their specific people criticize bureaucracy for the lack of accountability interests and lack of clear vision. Similarly, political and transparency. Public accountability has two executives blame senior bureaucrats for their opportunistic dimensions i.e., performance and stewardship. approach, focused more on personal interests, not loyal to Performance related accountability refers to be the government of the day, lack of service-orientation, red- accountable for the implementation of public policies, tape and rigidity. This kind of approach of blaming each programs, ensure compliance with rules, regulations and other weakens them. Therefore, establishing coherence the management and delivery of public services. between the values of the government of the day and Accountability for stewardship implies protection of the senior bureaucrats is critical to promote mutual properties under the jurisdiction of bureaucrats and understanding and provide a clear road map to the system preventing loss, waste and abuse of those properties. of governance. Bureaucrats are required to be accountable for their - 99 - - 100 - (3) Address the concerns raised by public (service recipients) advice to ministers is one of the major responsibilities of – implies that bureaucrats through their institutions take the bureaucracy. Strengthening the capacity of initiatives to serve all stakeholders within a reasonable bureaucrats to provide sound policy advice is an area that timeframe and be pro-active. Bureaucracy has to be needs a longer-term solution. In Nepal, we are facing a lot reasonably sensitive to the public expectations related to of problems and loosing passion due to weaknesses in the timeliness, content and quality of service it delivers. decision-making. Administration is commonly criticized for Lack of responsiveness is one of the widely cited weak taking decisions without considering long-term impact or aspects of the Nepali bureaucracy. It is mainly due to the without adequate homework or indecisiveness. Situation of lack of the following: indecisiveness or making decisions without long-term view had affected way of doing business in public ƒ Sense of service or service orientation (mindset which organizations. It is imperative to enhance the decision and should realize that bureaucrats are to serve people not policy-making capacity which requires a mindset of to rule them). assessing issues and situations thoroughly keeping ƒ Incentives to take or accept risks. account of related aspects in entirety and the possible ƒ Willingness to boost the credibility of organization and effect on resources in the long run. A number of public service. policies and programs are to be implemented through multiple organizations. Consultation with all related ƒ Clear direction from supervisory authorities. organization is essential for smooth implementation and (4) Define and strengthen competencies – Modern accountability. Bureaucrats should be encouraged to bureaucracies need to constantly review its strengths and upgrade their competencies and make their skill relevant weaknesses to stay relevant and provide optimum service to the changed situation. The ways of dealing with people to stakeholders. What we need develop to make ourselves and institutions have changed substantially in recent competent and effective is a matter of self-assessment to years. The concept of core, managerial and job related bureaucrats. Bureaucracy can be efficient and effective competencies have become relevant. The competencies only with people with requisite competence and identified by the UN can be a useful reference to Nepali commitment for service. ‘Competencies include a bureaucracy. combination of skills, attributes and behaviors that need to Core Competencies be developed and strengthened throughout one’s career.’12 Strengthening competence is also related to the (a) Communication – speaking and writing clearly and enhancement of policy making capacity. Providing policy effectively, listening to others, tailoring language, tone, style and format to match the audience, openness in sharing information. 12 The United Nations has published a booklet United Nations Competencies for the Future in 2003. This booklet introduces the (b) Teamwork – working collaboratively with colleagues concept of Core Values and Managerial and General Competencies for to achieve organizational goals, placing team its staff members. - 101 - - 102 - agenda before personal agenda, supporting and (h) Commitment to continuous learning – keeping acting in accordance with group decisions and abreast of new developments in own sharing credit for team accomplishments and occupation/profession, actively seeking to develop accepting joint responsibility. oneself professionally and personally, contributing to learning of colleagues and subordinates and (c) Planning and organizing – developing clear goals seeking feedback to learn and improve. that are consistent with agreed strategies, identifying priority activities, allocating appropriate Managerial Competencies time and resources, foreseeing risks, adjusting (a) Managing performance – delegating the appropriate plans as necessary and using time efficiently. responsibility, accountability and decision-making (d) Accountability – taking ownership of all authority, making sure that rules, regulations and responsibilities and honoring commitments, reporting lines are clear to each staff member, delivering output for which responsibility has been judging time and resources required to accomplish assigned, operating in compliance with tasks accurately, monitoring progress against organizational regulations and taking responsibility milestones and deadlines and appraising for delegated assignments and taking responsibility performance fairly. for personal shortcomings and those of work unit, (b) Vision – identifying strategic issues, opportunities where applicable. and risks, clearly communicating the links between (e) Client orientation – establishing and maintaining the organizations’ strategy and work unit’s goals, productive partnerships with clients by gaining their generating and communicating broad and trust and respect, identifying client needs and compelling organizational direction, inspiring others expectations, keeping clients informed of progress to pursue that same direction. and setbacks, meeting timelines and delivery of (c) Leadership – serving as role model that other products or services to client. people want to follow, empowering others to (f) Creativity – seeking actively to improve programs translate vision into goals, being proactive in and services, offering new and different options to developing strategies to accomplish objectives, solve problems and client needs, taking interest in establishing and maintaining relationship with broad new ideas and new ways of doing things. range of people to understand needs and gain support. (g) Technological awareness – keeping abreast of available technologies, understanding applicability (d) Empowering others – delegating responsibility, and limitations of the technologies relevant to job, encouraging others to set challenging goals, actively seeking knowledge to apply new holding others accountable for achieving results technology.

- 103 - - 104 - related to their area of responsibility and genuinely to prevent and detect corrupt practices. The following are valuing staff member’s input and expertise. of critical importance. (e) Building trust – providing an environment in which (a) Prevent conflict of interest - Avoiding and preventing others can talk and act without fear of repercussion, situations that could give rise to a conflict of interest is managing in a deliberate and predictable way, one of the primary means of maintaining public placing confidence in colleagues, staff members confidence over the impartiality and objectivity of the and clients, giving proper credit to others and bureaucracy. Bureaucrats are called upon to use their following through an agreed agenda. best judgment to avoid the situations of real or perceived conflict of interests. In doing so, they should (f) Judgment/Decision-making – identifying key issues keep in mind the full content of the Code of Conduct in complex situation, gathering relevant information prescribed to them. Preventing measures protect before making a decision, taking decision with an bureaucrats from allegations and to help them avoid eye to the impact on others and on the situations of risk. Conflict of interest does not relate organization, proposing a course of action or exclusively to matters concerning financial transactions making recommendation based on all available and the transfer of financial benefit although activity information and taking tough decisions when relating to finance is most important element in violating necessary.13 conflict of interest measures. It may be impossible to Skill and efficiency without respect for commitment are prescribe a remedy for every situation that could give worthless. There are situations where people have rise to a real, apparent or potential conflict. When in requisite skill to perform a task but lack commitment in doubt, bureaucrats should seek guidance from their delivering services and revealing sensitivities, empathy and manager, from the senior official designated by the tolerance to public they are supposed to serve. This Secretary, or from the Secretary. situation substantially erodes the credibility of bureaucracy. (b) Set clear guidelines on gifts, hospitality and other (5) Curb corruption – The most damaging factor to Nepali benefits – Bureaucrats should not accept or solicit any bureaucracy is the corruption at different levels. In a broad gifts, hospitality or other benefits that may have a real term corruption is the sale of authority entrusted by virtues or apparent influence on objectivity in carrying out their of an official position for personal gain at the expense of official duties or that may place them under obligation to society’s larger interests. It is the misuse of public office for the person/institution offering gift/hospitality. Increasing unofficial ends. It also includes fraud which is normally cases of corruption and allegation of amassing wealth perceived as an act of deceit and altering facts and figures disproportionate to personal income level is the for personal benefit. A number of measures are to be taken outcome of not paying sufficient attention towards complying with the bureaucratic norms and values.

13 Core Competencies (required to all level of employees) and Managerial Competencies (required to employees at managerial level) - 105 - - 106 - (6) Streamline organizations – Although this is a matter of people to achieve effectiveness. At present the state and political acumen, but substantially affect the efficiency and art of managing people does not sufficiently encourage effectiveness of bureaucracy. The achievement of national innovations and reasonable risk-taking. There is a need to objectives requires serious analysis of the role, pay particular attention towards identifying and filling responsibilities and institutional relationships of existing specific gaps as well as building the overall human organizations. We are overburdened with organizations resource capacity to meet new challenges and provide for that are set-up without specific role and responsibilities or a strong bureaucracy for the future. The workforce needs now become irrelevant. Such organizations affect to be made proactive in addressing issues of common efficiency and employee morale. It is also important to public interest, which can be made by encouraging their ensure the effective management of human resources. commitment and empowerment. People are the principal resource of the bureaucracy, and (9) Make the system of performance management and managing them well is the key to cope with new and evaluation relevant and effective – Bureaucrats are evolving demands. accountable to ministers who ultimately answer in the (7) Simplify the administrative procedures – It refers to the parliament for the discharge of their responsibilities, making of the rules and procedures simple to understand including authorities delegated. In this context, it is and follow. Respect to the concept of rule of law is one of essential to have an innovative approach in managing the critical elements of good governance. Therefore, performance that includes empowerment, harmonizing procedures should be made simple and understandable to accountability and authority rather than exercising strict promote compliance. Bureaucrats are required to observe control. Similarly, performance evaluation system should rules and procedures and in the meantime deliver services be relevant to reflect the actual performance standard of to people efficiently. A number of procedures established employees at various levels and diverse operational long before needs to be revised and their relevance responsibilities. It should be used as a means of reexamined to properly address concerns related to enhancing competencies and filling gaps in performance in promptness and transparency. It is relevant to mention the the changed context. five elements to be considered in developing regulations (10) Encourage a constructive dialogue on performance – The i.e., (a) transparency, (b) accountability, (c) proportionality, officials managing bureaucracy should focus on the (d) consistency, and (e) targeting.14 These elements are implementation service standards to ensure that principal equally relevant to us. services of government are delivered in a consistent and (8) Renewal and rejuvenation of the work force – It is well efficient manner. But most of them are falling short in recognized that any organization needs to focus on its service standards and to implementing and measuring the quality of services. This illustrates the potential dilemma 14 Principles of Good Regulation published by the UK Better Regulation for bureaucrats and the need of a more constructive Task Force - extracted from the Effective Policies for Small Business, dialogue on performance. The challenge facing the OECD 2004. bureaucracy is the way citizens and politicians deal with - 107 - - 108 - shortfalls in administrative performance. There are some management, and to the various training and development lessons to be drawn from our service standards that programs of the bureaucracy. suggest developing a consensus on realistic standards to be attained. It is reasonable to invite civil society, Role of stakeholders members of Parliament and recipients of services in Stakeholders of bureaucracy can make meaningful setting performance standard to bridging gap between contribution in making it responsive, accountable, efficient and expectation and the capacity and the resources to deliver. effective. Among various stakeholders, the role of Parliament, Clear definition of mutual accountability and standards of media, policy analyst and are critical. They should objectively performance between partners implementing public appraise the situation under which bureaucracy has to operate policies and programs are vital to ensure public and provide relevant suggestions. confidence. a. Parliament - It can play a decisive role in determining (11) Ensure reasonable compensation, reward and recognition rules and control frameworks if they are too rigid or out- system – We cannot expect reform in bureaucracy of-date. Parliament should also look objectively into the materialized without considering the basic elements that obstacles bureaucracy is facing in complying with its effect human resources at all levels. Definitely nation is in values and meeting performance expectation. In a very complicated situation from different perspectives. addition, Parliament can put pressure on government to Compensation, reward and recognition are complimentary address the issues affecting bureaucracy. and critical for motivation to do better. Several commissions constituted in the past have emphasized on b. Civil society – It contribute by objectively analyzing the the just compensation policy and approach to implement way bureaucracy is dealing with people it has to serve, the policy. At this stage, it may appear a bit theoretical to quality of service delivery and support (promptness, ask for substantial revision in compensation. However, clarity, fairness and equity) and objectively highlighting there is a need to reasonably compensate to encourage the role of community in supporting bureaucracy in bureaucrats for their dedication and loyalty to their meeting its obligations. profession and assigned tasks. c. Media – It has the critical role in impartially bringing the There are a number of areas in which bureaucrats can strengths and weaknesses of bureaucracy in light and make changes without having any formal changes in the cautioning for serious shortfalls in service quality. system. Shortcomings in service delivery elements such Criticisms alone do not encourage better performance as courtesy, empathy or understanding, and reliability do and risk-taking and also raises question on the not require more rules and controls, but require changes in credibility of media. Therefore, media should maintain attitude and approach. The knowledge and commitment of critical balance between what you criticize a particular its people are the bureaucracy's most important assets, case and how you want it to be resolved in an amicable which must be rebuilt and updated to keep pace with manner. changing conditions. This poses a challenge to - 109 - - 110 - d. Policy analysts – This group has the onus of objectively beleaguered and concerned about declining commitment, appraising the strengths and weaknesses and motivation and morale. New realities are challenging identifying ways of performing better and sharing the government and its institutions. Fiscal pressures, globalization, knowledge and experience of managing the new technology, complex and accelerating change are major bureaucracy in other countries. pressures for change. Current climate of political uncertainty had added burden in maintaining an efficient administrative In addition to the above mentioned stakeholders educational process. Senior managers are concerned about the eroding and training institutions and the Public Service Commission morale of employees mainly due to the feeling of under can make enduring effect in strengthening bureaucracy and valuation, the climate of uncertainty and pressure to meet high enhancing its value to the society. expectations with diminished resources, decreasing Public administration relies mostly on judgment. Many commitment and lack of recognition. It is worrisome on two government activities defy detailed description of all possible counts. First, the morale of bureaucrats suffer, so too their choices and results. There is usually not one single clear commitment. Second, the value of bureaucracy - which many option, and in many cases multiple options exist with a range bureaucrats associate, either rightly or wrongly, with the idea of of possible results. Separate constituencies may have a "professional" or “continuing bureaucracy” - are at risk. Many different, often conflicting expectations about what government of them feel that the government is not honoring the basic rules programs should achieve, and politics is about reaching governing the bureaucracy. At the same time, public consensus through creativity and compromise. confidence over the institutions of governance has been declining for a number of reasons. Public demand for a Assessment of existing situation competent and efficient bureaucracy that serves them well now Government had constituted Administrative Reform and in the future is increasing in recent years. Common people Commissions in the past to recommend measures that makes expect improved governance which encompasses bureaucracy cost-effective, responsive, efficient and capable to accountability for results, delivery of public services, increased meet changed expectations. One of the major reasons for slow consultation with stakeholders and better transparency in implementation of reform measures is frequent change of decisions. But the responses from political executives and champions of change. Consequently, the process of bureaucracy are not encouraging. understanding shortcomings and defining policy and direction Conclusion had to start again and again. The continuity of leadership and persistence are critical to implement needed changes. The significance and the role of bureaucracy in managing Directions for change have been mapped out over time but real public affairs and enhancing the level of public confidence over effect of improvement has not yet been felt. the institutions of governance have been well recognized. It The bureaucracy today is an institution under stress. has the critical responsibilities in developing public policies and Government is facing the challenge of enhancing and programs, implementing them and providing reliable, relevant sustaining its effectiveness. Senior bureaucrats are feeling and timely information on the results of the performance of

- 111 - - 112 - public sector. Bureaucracy has to meet public expectations by making best use of available resources and providing policy Administrative Challenges and advice keeping long term view of potential measures and their Public Service Commission effect. It represents large segment of intellectuals of the nation. Renewing and rejuvenating the bureaucracy, resolving human - Arjunmani A. Dikshit resources issues through a more constructive dialogue on Abstract performance, continuity of leadership and institutionalization of system and process, ensuring perseverance in direction and Time has come for organization like PSC to preserve what it has called coherence between words and deeds are essential to make superb success and impressive picture. The role of PSC has to be bureaucracy vibrant. Dealing fairly and effectively through analyzed and make it efficient in developing and monitoring on the basis of modern democratic norms and values in the civil service. In dynamic performance management and evaluation system is this article the author has beautifully stressed on diversified issues critical to secure public confidence over the establishment. which are useful to the general readers. Essentially , the author has dealt on conceptual meaning of administrative challenges, and Public References: Service Commission, importance of recruitment process , development of recruitment process, role of Public Service Commission in Nepalese A Strong Foundation, 2000: Report of the Task Force on context, new challenges of PSC, recruitment and selection under the Public Service Values and Ethics, Canadian Centre for Rana regime, constitutional development and role of PSC, PSC and bureaucracy and lastly concluding remarks. Management Development. Using PAS: A Guide for Staff and Supervisors 2003, p. 30– Introduction United Nations – Office of Human Resources Management, In public administration the principle of separation of power World Public Sector Report 2005, UN DESA, p. xi has stressed that the concentration of executive, legislative and judicial power at one point gives rise to tyrannical rule. The United Nations has published a booklet United Nations In order to avoid this situation a distinct type of functional Competencies for the Future in 2003. This booklet arrangements has been developed over the period with clear introduces the concept of Core Values and Managerial and cut division of functions between political and administrative General Competencies for its staff members. organizational units. In modern times under the multiparty Principles of Good Regulation published by the UK Better democratic system this division has been translated into (a) Regulation Task Force 2004- extracted from the Effective government, a body of elected people on one side and (b) Policies for Small Business, OECD. bureaucracy, selected from among the best qualified of the society on the other. Political leadership and bureaucratic

strength have also been termed as two wheels of one vehicle bearing the responsibility of running a sovereign state. In this process civil service has been regarded as the backbone of a government that provides an engine for both growth and development. Civil service has been made

- 113 - - 114 - essentially responsible for executing the decisions of necessary to explain that while running an organization, human political leadership and for maintaining the day to day resource component tops other resources that include money, regulatory service functions of the country. Once the political material, method etc. It is with this observation that "Man" has leaders of the country have decided upon the course of always been regarded as valuable resources in every economic and social development, it is the civil services that organization. It is undeniable fact that it is always a man that must help develop comprehensive and long term moves the system. No system, technology or machine can development plan, generate development projects, function beyond the capacity and the character of the people who coordinate those projects, supervise and monitor the operate them. In this regard the fundamental issue that needs to execution of those projects as well as operate and maintain be resolved is the availability of right man in every organization those projects once they have reached fruition. It also including civil service. The emergence of good governance also includes efficient and effective delivery of goods and has put the burden on professional rather than political masters in services provided for the common people. If civil service translating its elements into action plan in order to accelerate the goes slow in performing these functions the social and pace of development and to increase the effectiveness of goods economic development of the country is likely to be and service delivery to the people. stagnant. The term civil service is commonly used One of the major changes in recent years has been the interchangeably with other terms such as public increased responsibility afforded to human resources administration, government administration, public service, professionals working for the government which gives raise the bureaucracy etc. In some country the term civil service importance of recruiting best candidate for the civil service. encompasses personnel in the military services as well as When commonly used, the term recruitment and selection are officials of public enterprises. In some countries the civil service includes provincial state and local government taken as the same but in the parlance of public administration it services, while in others it refers only to the central has a different meaning. The former is the process of attracting government services. Thus civil service is not only individuals on timely basis, in sufficient numbers and with interpreted differently at different situations but is also appropriate qualification, and encouraging them to apply for interpreted differently from country to country. jobs within an organization which includes Job design, job analysis, job description, job specification, advertisement etc. Importance of Recruitment Process while the later denotes the process of choosing appropriate candidate from a group of applicants best suited for a particular In modern times the effectiveness of an organization is largely position which includes mainly developing of curriculum, determined by its marketing ability. As the success of a business testing techniques and selection methods. firm is evaluated with the quantity of the product it produces and sells, so an organization, in course of fulfillment of its objective is Development of Recruitment Process considered effective if it succeeds in satisfying its client and stakeholders. This illustration is also applied to state mechanism The first country to develop a scientific system of recruitment where the state marketability is tested by the degree of was China where recruitment through competitive system of satisfaction expressed by its client i.e. people in general. It is not examination was established in the second century B.C. But

- 115 - - 116 - this oriental achievement is being overshadowed by the Role of Public Service Commission multifaceted development of advanced countries belonging to the first world like UK, USA, France, Prussia (unifier of The enormity and complexity of present day personnel Germany) etc. The implementation of sound recruitment and problems faced by the public sector cannot be handled selection system in the civil service has always been a properly by operating agencies of the government alone. In a milestone in the history of these countries. The bidding system multiparty democracy an institution like Public Service of recruitment, which was prevalent in France, was later Commission (PSC) having constitutional status is regarded as replaced by a sound recruitment system. To day France has a a savior of bureaucratic norms and values. The party in distinct administrative model running successfully with its government do not and cannot act in a politically neutral academically trained bureaucrats. Once upon a time the manner no matter how much importance they attach in Patronage System of England was very notorious which was demonstrating impartiality and neutrality of government responsible for giving rise to an aristocratic type of functioning. The golden rule that no government should impose government. Northcote Trevelyn15 report was credited to its ideological or political influence in carrying out its day to day correct the mal practice through sound recruitment process business are not followed strictly even in the developed with competitive examination. To day British civil service, countries in a way it ought to be. Commitment made by the especially its core personnel system is being followed by more government in public is never realized in practice. It is with this and more countries not to talk about the commonwealth ones. real life situation that an agency like Public Service The British system itself is regarded as highly efficient. Spoil Commission, formed under constitutional status have always system which prevailed in North America is responsible for the been regarded as a custodian of meritocracy, bureaucratic murder of its President Garfield in 1881. An employed norms, behavior and values. American who happened to be a victim of spoil system fired at Nepalese Context the President in a theatre hall. It was only after the Pendleton 16 Act which was implemented in 1883 that guaranteed civil In Nepal, the history of recruitment and selection in the public service positions through competitive examination which sector is quite long. It was about eight decades ago that the eliminated spoil system to a large extent. From that time on provision of competitive examination was introduced for the both the system adopted by UK and USA have guaranteed entry into civil service. In this country the existence of Public meritocracy in the civil service. The personnel systems these Service Commission with constitutional status dates back to countries are being reformed in their own model in a continuing more than half a century. Till now the Commission has been basis. regarded as one of the most credible public institutions of Nepal. The Commission has been able to maintain its high 15 Staford Northcote and Charles Trevelyn both were members of House of level of performance with wide support from the public for its Lords. A committee was formed with their names to introduce impartial functioning. It has commanded a great sense of faith administrative reforms measures in 1846 from the government officials also. Most of the talented officials 16 Pendleton was the name of a person who took initiative to introduce feel that had there been no Public Service Commission, they reforms and drafted the Civil Service Reforms Act in 1883. - 117 - - 118 - would not have been in their present positions. The upholding term vision and perspective plan for the civil service, making a of the merit system in the civil service for the past so many shift from master oriented to service oriented behavior of the years is largely credited to the past officials who were civil officials and tuning of civil service norms, structure, considered persons with high sense of integrity, devotion, procedure and practice in consistent with the elements of good dedication and distinction. governance are some of the present day challenges.

New Challenge Keeping in view of all these challenges along with recent findings and developments, the role of PSC has to be analyzed The content of the above paragraph now have become a and make it effective in developing and monitoring the history. Now the time has come for institution like PSC to implementation of modern democratic norms and values in the maintain what it has called glorious achievement and glittering civil service. Before discussing these issues it would be image. Now that we have democratic system in true sense, relevant to throw some light on the historical development of going hand in hand with the component of democracy is not PSC as an institution in Nepal. that easy. Meritocracy of yesteryears is now being termed as a tool for favoring only the members of higher echelons of the Recruitment and selection under the Rana regime society. To day democracy is meaningless unless it has Ranas ruled the country in an autocratic manner. Although inclusive character covering all spheres of state mechanism, there were rules but limited in paper only. The members of which obviously includes bureaucracy. This results a challenge Rana family occupied all the high offices. In the name of of balancing inclusiveness and merit civil service. Academician serving the government common people were made to serve and practitioners of public administration have started the interest of Rana family members. But so far as the advocating for the inclusion of the basic element of positive recruitment and selection procedure is concerned it has been recruitment in the selection process. Besides, some other considered as a positive step. challenges have emerged following democratization of civil service as mentioned below: During the regime of Prime Minister Chandra Sumsher the minimum qualification for entry into civil service was fixed for Defining the concept of political neutrality and professional the first time in the history of public administration in Nepal. commitment, highlighting the role and authority of The system of Char Pass was introduced as a basis for entry parliamentary committees relating to civil administration and level qualification. The idea behind the Char Pass was to bureaucracy, developing appropriate mechanism to ensure provide entry level clerical knowledge and to allow all the accountability and transparency in the civil service, incumbents develop the ability in adjusting to the established demarcation of Act and Regulations relating to personnel civil service procedure. In the curriculum there were four administration of civil employees, restraining political behavior, subjects (laws, financial record i.e. shresthaa, mathematics relating to the civil service functions, structural and functional and geography) and so it was called Char Pass. For position demarcation of local government bodies and central above Nausinda, a lower grade clerk Eleven Pass (a administrative units, maintaining balance between affirmative combination of 11 subjects) was which was later converted into action plan and merit based civil service, developing of long - 119 - - 120 - Madhyamik Parikshya (equivalent to class ten) in the hierarchy into the civil service. All the applications which were filled up by there were seventeen different level positions under Subba the candidates and found as per the prescribed rules were (equivalent to present day's section officer level position). forwarded to Muluki Adda. This Adda was made responsible Competitive examinations were held for positions below the for conducting examinations. For the purpose of conducting level of Subba. Looking at the long hierarchy of positions in examinations, Muluki Adda used to nominate a number of assistant level it can be said that the idea behind creating so members as needed to act as examination board. After the many layers and positions in lower levels was designed to examination taking process was over, the board was to furnish prevent common people reaching higher level positions. It was the details of successful and unsuccessful candidates to the only Ranas, Bhardaars and their dear and near ones who were level of Prime Minister. After all the formalities were completed favoured to get higher-level positions. Some candidates from the chief of Kitabkhana, who was known as Kitabi Subba used Bhardaar family or Chakariwaaz after passing Char Pass to take take the successful candidate to Chief Saheb (second examination used to get direct appointment to Kharidaar level in command to the Prime Minister) and to the Prime Minister positions whereas the successful candidates from among the for Darshan within the period of ten days after the result was common people were to get appointment in lower level published. It was a sort of interview in modern sense where the positions. In nutshell, the principle of higher the family status, candidates used to get confirmed for the service with the PM's higher the position level was followed. In technical positions nod. In the Rana durbar the successful candidates were the level and position name were limited in number. In these supposed to bow in front of Prime Minister and drop a one positions if Nepali degree holder were not available even rupee coin and again pick it up by the candidate him/herself Indian graduates were appointment with the approval of the (which was known as Daam Rakhne). With this the process of Prime Minister. confirmation of his/her entry into the government service was completed. The selection procedure also has its own history. Competitive examination for entry into the civil service used to be There was no system of pre and in-service training as such. conducted in the compound of Saraswati Sadan (opposite Tri But for the purpose of inducting new candidates into the job, Chandra College) and Lainchour of Kathmandu. Ink for the there existed a practice of attaching new recruits to working examination was supplied by the exam. taking agency whereas officials. In this regard if the candidate belonged to assistant pen was supposed to be brought in by the candidates level he would be attached with a clerk and if he happened to themselves. So far as the advertisement of vacancy was be a candidate for officer level the new recruit would be put to concerned, a brief procedure was mentioned in the Muluki apprenticeship by attaching him to an officer level employee. Sawaal under which advertisements for vacant positions were The notorious Pajani system 17was also prevalent in the Rana displayed in the form of notice in the specified notice board by period which meant everybody's tenure of service was limited command of the Prime Minister. to one year term The minimum age for entry into the civil service was fixed at 16 years however with the command of the Prime Minister the age 17 The practice of screening civil employees once a year in the presence of bar could be relaxed. There was no upper age limit to enter Prime Minister. - 121 - - 122 - Nepal Sarkaarko Baidhanik Kanoon • To advise the government on the principle to be followed in making appointment, transfer and promotion It had contained a provision of Darkhasta Parishad (Institution to civil service positions and on the suitability of the like Public Service Commission - PSC). Its function was to candidates for such appointment, transfer and assist in appointing competent candidate to all civil service promotion. positions across the country. In course of functioning the Parishad was to test the competency and suitability of the • To advise on all matters relating to the disciplinary candidates for the civil service and to recommend them to the action taken against all government employees. government for appointment. • To advise on any matters which the chief executive (the Parishad consisted of members nominated by the Prime then king) may refer to it. Minister and representatives of the concerned departments. On Ashad 1, 2008 the Public Service Commission was formally Provision of the constitutional acts was programmed to be established in the history of Nepal. implemented by the end of 2005. The PSC had one chairman, two members and one 18 But it was not implemented on stipulated time. The internal secretary. disturbances within the Rana family have been blamed for not The secretarial staffs were limited to minimum number. being carried out the Kanoon (Act) of 2004 into Originally it had 1 kharidaar, 3 mukhiyas, 4 bahidaars and 8 implementation. peons only. Interim Government of Nepal Act 2007 An ICS (Indian Civil Servant) was appointed as advisor to the 19 Interim Government of Nepal Act was promulgated in the commission. In order to activate the newly formed month of chaitra 2007. Part V of the act had made provision of commission the following acts were Public Service Commission.

The chairman and members of the commission were to be 18 . Sardaar Narendraman Singh, Mr. Kaiser Bahadur KC, Mr. Devnath appointed by the king in consultation with the cabinet. Prashad Burma and Mr. Khadgaman were the first chairman, members and secretary respectively. The commission was entrusted mainly with the following 19 He was also acting as principal secretary to the then . functions: (Gazette notification used to be printed and published in his name) designed, formulated and implemented. (These acts and regulations were • To conduct examination for appointment to all originally drafted in English language by the advisor of the commission government positions. who was also principal secretary to the king. The • To advise the government in all matters relating to the Nepalese version of these drafts were prepared by Mr. Kaiser Bahadur KC.) procedure of appointment. Acts: Nepal Public Service Commission Regulation, Act 2009 Nepal Public Service Commission Guidance (Nirdeshan) Act 2009 Nepal Public Service Commission Procedure Act, 2009 - 123 - - 124 - Introduction of Civil Service Act 2013 appointment, transfers and promotions to civil services or posts and on the suitability of After the introduction of civil service act and regulation in 2013 the candidates for such appointments, transfer and process of recruitment/ and promotion of the civil employees became promotions. more or less functional. Nevertheless the PSC used to recommend candidates in only for those positions as demanded by the • On all disciplinary matters affecting a civil government. In most of the positions the government used to recruit servant including memorials or petitions relating and make appointments. As the numbers of candidates were very to such matters small the practice of having written examination was not followed • On any claim by, or in respect of a civil servant strictly. or a person who has been a civil servant that Constitution of the Kingdom of Nepal 2015 any costs incurred by him in defending legal proceedings instituted against him in respect of Part seven of the constitution of the kingdom of Nepal, 2015 made acts done or purported to be done in the provision for a Lok Sewa Aayog (Public service commission). The execution of his duties should be paid out of the composition and functions of the commission were almost the same consolidation fund; as those of the previous one. After the Commission came into existence the previous members were removed form the office. The • On any claim for award of a pension or gratuity then Chairman of the commission was made chief justice of the in respect of injuries sustained by a civil servant Supreme Court, while the chief justice was made the Chairman of the in the performance if his duties and any commission. The Ministry of Home Affairs was made its liaison questions as to the amount of such awards; ministry. King used to grant audience to the chairman of the and commission in a monthly basis. In the beginning it was fixed at once • On any other matters which the king may refer a week. to them in connection with any service or post The commission was assigned with the duty of conduction under the Government. examinations for appointment of personnel to all services or Constitution of Nepal 2019 posts under the Government. After the introduction of the panchayat system, a new The commission was made to be consulted by the constitution, the Constitution of Nepal, 2019, was promulgated. government: Some changes in the functions of public service commission • On all matters relating to method of recruitment were introduced. The definition of the "civil service" was to civil services and for civil posts; elaborated to exclude police and military personnel from it. The main function of the public service commission was limited to • On the principle to be followed in making conducting examinations in the civil service positions, whereas in the past it was extended to all services and positions of the Nepal Public Service Commission, Procedure Control (Karyabidhi Bandez) Act 2009 government. The first amendment in the constitution helped - 125 - - 126 - the public service commission to extend its grip over the promoted to a post for which the consultation with the corporate agencies functioning under government public service commission is required. undertakings. For some time, even the members of the g) In making rules concerning the conditions of service of commission headed the recruitment committees of the the employee of the government owned or controlled corporate agencies. This made the commission members corporate bodies or of the organization owned or heavily engaged, most of their time were spent in corporation controlled by such corporate bodies and in the matter meetings. This practice was followed until 2032. In 2035, all of general principles to be applied in the appointment, the corporations were asked to follow the general principal promotion and departmental action within the service guidelines relating to recruitment and selection which were or posts of such corporation or organization, the prepared by the commission. Accordingly, the recruitment and commission shall exercise a supervisory control to selection committees were formed in all the government owned ensure that these rules and the general principles and in corporations where more that fifty percent share was have been complied with. owned by the government The chief of the institutions itself were made the chairman of the committees. In 2020, the first act in regulating the procedures of the public service commission (Lok Sewa Aayog Karyabidhi Ain) came The public service commission under the constitution of Nepal, into effect and regulations under it were formulated and put to 2019 was assigned with giving advice: implementation in 2027. a) On legal matters relating to condition of civil service. In 2030 B.S., an effort was made to strengthen the Public b) On the general principles to be followed in matters of Service commission in its functioning. "The Public Service appointment, promotions and departmental actions in Commission Strengthening Plan" was prepared which was the civil service or civil posts. approved by the cabinet in 2031 and put to implementation. Following this plan, regional offices of PSC were established. c) On suitability of the candidates in making appointment The plan had recommended to delegate the recruiting and in a civil post for a period exceeding six months; selecting functions to the executive agencies by limiting Public d) On suitability of candidates in making transfer or Service Commission's role in developing norms and standards promotion form one category of civil service to another and making effective inspection and supervision of the category or from any other government service to civil recruitment and selection functions of the government. The service; idea behind the recommendation was to strengthen and e) On matters relating to departmental punishments enable the Public Service Commission to formulate policy and proposed against any gazette civil servants; and pay due attention to matters relating to the guiding principles of the merit system and its application in the public personnel f) On matters relating to the transfer and promotion administration of Nepal. But this recommendation which aimed where an employee, holding a post, which does not for the future role of the commission was not accepted require consultation with the public service commission, is to be permanently transferred or With the reinstallation of democracy in Nepal in 2047, a new - 127 - - 128 - constitution was promulgated. Part 14 of the constitution conditions of service of the civil service. entrusted the Public Service commission with almost the same b) The general principles to be followed in the course functions as it had appeared under the previous constitution. of the appointment, promotion and departmental Notable differences in the constitution of 2047 were – action concerning the civil service or positions;

• Provision of the general principles to be followed by c) Matters concerning the suitability of any candidate the government owned corporations were deleted. for appointments to civil service positions for a period of more than six months; • Provision of submitting "Paper on Understanding" (Gyapan Patra) by the government was deleted. d) Matter concerning the suitability of any candidate for transfer or promotion from one service to • All the non gazette employees were brought in another within the Civil service or from any other within the jurisdiction of PSC in matters relating to government service to the civil service. the execution of disciplinary action. e) Matters concerning the permanent transfer or The main functions as stated in the constitution were as promotion of any kind of employee, working in any follows: position of an organization which is not required to 1) It shall be the duty of the Public Service Commission to consult with public service commission on matters conduct examinations for the selection of suitable of appointment, to any position for which candidates to be appointed to civil service posts. consultation with the public service commission is Explanation: For the purpose of this article, all required; and services and positions in the government shall be f) Matters relating to departmental actions proposed deemed included within the Civil Service, except army against any civil servant. officers and soldiers, the service and positions of public Interim Constitution of Nepal 2063 personnel, and such other services and positions as are excluded from the civil service or positions by any Following the establishment of Loktantra in the country, a new law. constitution – Interim Constitution of Nepal has been promulgated. Under this constitution PSC has been entrusted 2) Permanent appointment to any positions in the civil with the following functions: service, which carries the benefit of person, shall not be made except in consultation with the Public Service (1) Permanent appointment to any position in the civil Commission. Service which carries the benefit of pension shall not be made except in Consultation with the Public Service 3) The Public service commission was made to be consulted Commission. on the following subjects: (2) The Public Service Commission shall be consulted on a) Matters concerning the law relating to the the following subjects: - 129 - - 130 - a) Matters concerning the law relating to the appointment to, promotion to, and departmental action conditions of service of the civil service, of such services. b) The general principles to be followed in the Explanation: For the purpose of this Article the word course of appointment to, promotion to, and “Public Enterprises” means any corporate body in departmental action of the Civil Service or which the Government of Nepal owns and controls positions, more than fifty percent of the shares or the assets. c) Matters concerning the suitability of any The constitution has made a few changes in the structure and candidate for appointment to a Civil Service functioning of PSC Notable changes are as follows: position for a period of more than six months, • At least fifty percent of the total number of members of d) Matters concerning the suitability of any the Commission would be appointed from persons who candidate for transfer or promotion from one have worked for twenty or more than twenty years in service to another within the Civil Service or any government service. Previously it was 10 years. from any other Government service to the Civil • Likewise, from now on the rest of the members shall Service, be appointed from persons, who have done research, e) Matters concerning the permanent transfer or investigation, teaching or any other significant work in promotion of any employee, working in any fields such as science, technology, art, literature, law, position of an organization which is not required public administration, sociology or any other sphere of to consult with the Public Service Commission national life and who hold a high reputation. In this on matters of appointment, to any position for provision the area of technology, public administration which consultation with the Public Service and sociology are newly added disciplines. Commission is required, and • From now on PSC shall be consulted for the general f) Matters relating to departmental actions principles to be followed in the course of appointment to proposed against any Civil servant. and promotion of the Military Service, Armed Police (3) The Public Service Commission shall be consulted for Service or Police Service. Previously Military service the general principles to be followed in the course of was completely separated from the PSC jurisdiction appointment to and promotion of the Military Service, whereas in the recruitment and selection process of Armed Police Service or Police Service. police service, separate provisions were followed as per the police regulations. (4) The Public Service Commission may provide an advice, if requested by any Public Enterprises, with regard to • Another feature that has been added in the constitution the prevailing regulations relating to the terms and was that the PSC may from now on provide an advice, conditions of service of their employee, and with regard if requested by any Public Enterprises (PEs), with to the general principles to be followed in the course of regard to the prevailing regulations relating to the terms - 131 - - 132 - and conditions of service of their employee, and with constitution. It was only in the constitution of Nepal 2019 that regard to the general principles to be followed in the the government owned and controlled corporate bodies were course of appointment to, promotion to, and made to follow the best practices of general principles of departmental action of such services. personnel system, which was approved by PSC. Also PSC was made to exercise supervisory control over them with a Assessment of constitutional provisions and present view to ensure effective functioning of personnel related situation activities. During this period the commission members In the constitution of the Kingdom of Nepal 2015, it was clearly themselves headed the recruitment and selection committees. mentioned that the duty of PSC was to conduct examinations for They were found very busy in the recruitment and selection appointment to all service or posts under the Government, process of corporate bodies. The constitution of the kingdom of whereas the constitution of Nepal 2019 merely stated a list of Nepal 2047 deleted this provision. From 2047 onwards, the matters to be consulted with PSC. The constitution of the corporate bodies have been given the freedom to frame kingdom of Nepal 2047 staged a revival of the function of PSC to personnel rules and regulations as suited to their specific conduct examinations for the selection of suitable candidate, but needs by themselves. But they have not been able to get any the limited its scope 'civil service' positions rather than benefit out of this liberty. The absence of supervisory control of 'Government' position as stated in the constitution of Nepal 2019. PSC over them acted counter to the forecasts. It has clearly Although 2047 purported to cover all services and positions of demonstrated that there is a need for regulating the Government except army officers, soldiers and positions specified recruitment and the selection process in an impartial, by law, there are so many positions left outside the jurisdiction of competitive and effective manner. In this context the Interim PSC (for example positions of different level teachers and constitution of Nepal has touched upon the PEs on its positions created by special Acts). regulation and general principles covering important functions. The option provided to the PEs appears to be a balanced The constitution of the kingdom of Nepal 2015 made a provision whereby the corporate agencies may ask for advice provision that PSC must be consulted on all disciplinary in personnel matters. Apparently it might seem that it has matters affecting civil servants. This provision was restricted by upheld the autonomy of corporate agencies and aimed at the constitution of Nepal 2019 to gazetted level civil positions efficiency should the agency wishes to do so. But so far as the only. It excluded about 90% of the civil personnel of non- recruitment and selection of PEs are concerned, the general gazetted category. But the constitution of the kingdom of Nepal feeling is that it has not been able to recruit best talent through 2047 has again staged a revival of the system consulting PSC its flexibility rather it has misused its authority by recruiting for each level of position holder if he/she is to be dealt with political stooges. It has been blamed for excessive nepotism under disciplinary laws. The Interim Constitution of 2063 has and favouritism. It is with this reason that a qualified person also retained this provision in as it is form. seeking job in a corporate agencies is desperately demanding When the constitution of the kingdom of Nepal 2015 was for setting up of a Corporation Service Commission, a promulgated there were a limited numbers of corporate bodies, prototype of Public Service Commission. so there was no mention about the public enterprises in the - 133 - - 134 - The constitution of the kingdom of Nepal, 2015 had the provision of be determined by an act. This provision should be considered payment of the costs incurred by a civil servant in defending legal as a milestone in the history of civil service in Nepal. This proceeding instituted against him in respect of execution of his/her provision should certainly prevent the government from making duties. This provision was later on shifted to the civil service act amendments in the civil service legislation in an arbitrary commenced in 2021. manner, as was done in the panchayat era (more than 28 amendments made in 28 years). As the Interim constitution In the constitution of the kingdom of Nepal, 2047 there are also kept this provision intact, it has been expected that from several matters to be consulted with PSC before adopting now on everybody concerned would act sincerely in consistent them as policies or acts or rules and regulation by HMG. It to the spirit of the constitution. Let us not forget that in the past shows that the status of PSC as a constitutional body is despite of having a new Civil Service Act which was introduced justified in defending the merit system in the civil service. In a in consistent with the constitutional provision, it was a complete multi party system, as the role of PSC in protecting the civil failure in producing positive result. service against partisan politics is very much needed. The oblivious reason is that the party in government is directly or After the installation of Loktantra in Nepal, the role, function indirectly influenced by the politics whereas its machinery i.e.; and status of PSC should be enhanced, effective and raised bureaucracy is supposed to run in a non-partisan manner. Now respectively. .Now that the present constitution has shifted the that the Interim Constitution has added some more functions to role of the chief executive of the country to the PM which PSC unlike in the past it is expected to be implemented means as a chief executive of prime ministerial system s/he is effectively. supposed to safeguard the interest of all the constitutional organs especially PSC. In the past whether this role was being If we make a comparison of PSC-related provision between the effectively exercised or not may form a separate chapter for previous constitutions and the present one, they do not seem discussion. to be very much different so far as its functions are concerned. The remarkable features in the Interim Constitution of following All the reports of constitutional organs do not carry equal general principles of recruitment and selection in regard to weight age and importance. To cite an example, the report of police and military personnel are a historical one. the Commission of Investigation of Abuse of Authority and Auditor General are very much in the limelight in various PSC Linked with Bureaucracy circles. It is not the case with the report submitted by PSC; the With the change of political system in Nepal, the role of content of its report has never become "news". These bureaucracy is needed to be reviewed. The constitution of the phenomenons suggest that in our context mainly financial kingdom of Nepal 2047 for the first time underlined the irregularities are given much more importance whereas importance of the role and position of civil service in the administrative irregularities are treated as taken for granted. constitutions. Article 124 empowered the Government to This sort of trend has given rise to unruliness and indiscipline constitute a number of services as may be required in order to in the administrative behavior to a great extent. run the administration of the country. The constitution also guaranteed that the operation and condition of service would - 135 - - 136 - In the panchayat period, civil service was not neutral in ƒ The work force engaged in the civil service should character. Now under the multi-party system, civil service has be used efficiently, effectively and economically. to be neutral. Any party can come to the government on a ƒ Retention should be based on performance, temporary basis. As long as, the party is at the helm, civil inadequate performance should be corrected and personnel have to follow the policy guidelines of the party in employees who cannot or will not improve their power. It is in this sense that the bureaucracy is said being performance by indulging him/herself in corrupt colorless in character, i.e. neutral. In the multi-party system, it behavior and practice should be immediately is quite natural and experience shows that political parties tend punished following due process. to use civil servants and their service to their benefit or to the benefit of their near and dear ones. In a situation like this, ƒ Employees should be provided with effective responsibility of protecting civil services form the arbitrary education and training in order to help them action of the parties in power and to safeguard the value of achieve better organizational and individual merit system should be shouldered by an independent agency performance. like the public service commission. ƒ Employees should be shielded against partisan The commission should be entrusted by the government in politics and must not be used for partisan political upholding merit system in the civil service by highlighting the purposes. following merit based elements: ƒ When employees disclose secret information ƒ Recruitment process should have a work force evidencing other wrong doing (whistle blowing), made up qualified people from the all segments they should be protected against reprisals. of the society, and the selection and promotion Looking at the above mentioned functions which should should be based solely on merit and fairness. be mainly performed by the PSC, one can easily make ƒ All employee and applicants should be treated guesswork and expect that most of the PSC's time should be fairly, without discrimination and the organization spent in functions relating to the upholding of merit system and mush have regard for their privacy and lesser time on conducting examination which have been constitutional rights regarded as a routine and regular job. But the contrary is true with the public service commission and it is a matter to be ƒ As far as possible, equal pay should be provided seriously taken up by the concerned authorities. for equal performance by different organizations. And appropriate incentives and recognition After the reinstallation of democracy various section of the should maintain high standards of integrity society are categorized on a different basis and are struggling conduct and concern for the public good and in various ways for having what they call their due share in the interest. overall national pie. This social pressure has caused the government to adopt inclusive policy even in the civil service. The pressure groups are also trying to link and justify their

- 137 - - 138 - demand on the ground of the constitutional provision on newspapers very frequently to this effect. With this a reservation as part of the natural process. . The provision sense of insecurity and uncertainty is being sensed clarifies that the state may make special provision by amongst civil servants.. Analysts opine that no previous legislation for the protection and advancement of the interest of government did bother to touch upon the administrative women, dalit, aadibasi, janajati, madhesi or farmer, labour, problem not to talk about going deep inside the problem of children, that aged or those who are physically or mentally civil service this tendency has resulted almost derailed incapacitated or those who belong to a class which is civil administration at present. economically, socially or educationally considered backward. The above paragraph suggests that the party in government Undoubtedly it becomes the duty and responsibility of the should not be trusted upon in enhancing the inherent values of government to draft legislation consistent with the the permanent government. It is always a constitutional body constitutional provision. But at the same time extra care should whose responsibility does not lie with the government but to be taken in designing strategy and for developing the legislature and so it can be fully trusted for impartiality and implementation mechanism along with back up arrangements. politically neutral behavior. It is with this principle that the The period beginning from the reinstatement of multiparty higher level bureaucrats, instead of acting like a sycophant and democracy in 2047 has appeared as a glaring example of being extra loyal should always feel PSC nearer to their politicization of bureaucracy in Nepal. Now in Loktantra political masters. At times PSC may prove a strong safeguard also it has remained the same. To cite an example, at mechanism in odd situation and in their difficult times. It might present while drafting the new amendment in civil service also share their burden of pressure and make them feel in a act the major political parties were not having consensus comfortable and convenient position. While confronting with on inhibiting the civil employees from taking the serious issues the top-level bureaucrats should find membership of political parties (as appeared in the themselves comfortable working with PSC in convincing their newspaper). The disguised sister organization of the political masters for the advancement of bureaucracy. political parties were regarded as the strength of political Because PSC, as a custodian of meritocracy is one and the parties. Change in the government, as in the past, has only watchdog agency on whether the government is being made everybody feel that spoil system still exist in run in a non partisan manner. Nepalese civil service. Hence as a part of central It is with this reason that the following tasks need to be personnel agency, Public Service Commission (PSC) prioritized in an urgent basis: should be brought forward to work in coordination with the government. The way things are happening in the country, • The concept of political neutrality and professional it looks like general administration of the country is commitment should be officially defined in a clear-cut regarded as least priority sector of the Government of manner and put to practice. Nepal. These days the two agencies i.e.; MOGA and PSC • The role and authority of Management by Explanation are blaming each other for not cooperating in their (through parliamentary committee) should be defined, respective business. Reports are being published in the extended and strengthened. - 139 - - 140 - • Developing appropriate mechanism to ensure • Tuning of civil service norms, structure, procedure and accountability and transparency in the civil service practice in consistent with the elements of good should be made. governance should start immediately and maintained its continuity. • Demarcation of Act and Regulations relating to personnel administration of civil employees should be In all the above challenges PSC has a major role to play. made clear. And at the same time Public Service Commission should be entrusted to come forward in rendering advice and • Ministerial code of conduct with Do/Don't Do's, relating recommending with appropriate norms and standard of civil to the civil service functions should be developed and service. More and more time of the PSC should be spent in put to practice effectively. study, survey, research and development on matters • Developing of effective mechanism for the relating to the strengthening of bureaucracy unlike implementation of reward and punish provisions should regulating the routine examination as present. Especially be made and put to practice in an impartial manner. PSC should in no circumstances allow the government to adopt and follow with ad hoc arrangements. This function • Developing of standard mechanism to make should be closely umpired by the parliamentary committee. performance management should be made and put to The more the coordination between PSC and the implementation. government is hampered and thereby conflict lasts long, it • Structural and functional demarcation of local is the permanent government that suffers heavily which government bodies and central administrative units might cause irreparable damage to the civil service in the should be made.(It is not necessary to mention here future. that administrative structures are made in consistent Besides, the following points are also suggested to be with federal or unitary set up whichever is adopted by seriously taken: the state) ƒ The number of candidates appearing in the PSC • Developing of mechanism to coordinate between examination is on a rise. This additional workload for career development of civil employees and structural the commission should be handled in an efficient adjustment should be made. manner otherwise the function of managing • Maintaining balance between reservation and merit examination would be very much complex. For this based civil service should be made in a judicious purpose comparative study of practices prevailed in the manner. public and private sector of different countries would help in designing cost/time and service effective exam- • Developing of long term vision and perspective plan for management system the civil service should be made. ƒ Government is fast moving towards specialization by creating groups and sub groups under different - 141 - - 142 - services. Because of the disproportionate positions personnel function be handled directly by the Prime created in the hierarchy of each group and sub group Minister. the career development of civil employees has been Lastly, image building is a very difficult task to achieve. It hampered in so many cases. This phenomenon has becomes more difficult if it has to be maintained especially in a given rise to a tendency of getting transfer form one completely changed circumstance. PSC now is facing the service or group to another service or group where same situation. At this juncture PSC's concern should be more promotion is easier to get. Inter transfer among the on its challenge oriented future plans that on enjoying the service; group and sub groups require an appropriate reminiscences if it's good old days. test to be taken by PSC, which again require specialized skill, specific curriculum and specific testing References technique to be adopted. 1. Bhuwan Man Singh Pradhan (2008)(Swarna Jayanti ƒ The function of exploring new areas under the Smarika) Panchayat Kaal ra Tysh Aaghiko Lok Sewa government system of the country, where PSC's Aayog – Lok Sewa Aayog. presence would be beneficial is a matter to be seriously 2. Lok Sewa Aayog, strengthening plan 2030, Janch Bujh considered. Kendra. ƒ PSC should always be very much conscious about its 3. PSC Procedural Act and Regulation. past image which could be tarnished slowly if it starts becoming merely a seal of the political party in power. 4. Civil Service Act and Regulation ƒ Civil employees, who by their inherent nature do not 5. Road Map (Governance Reform Programme 2061) want to be involved or associated themselves in any 6. Various Issues of Administration and Management sort of affiliation that is likely to give political color, have Review (NASC Journal) started feeling that they have become the real victims 7. Relevant portions relating to PSC from: of present day administration. At this situation PSC should provable in safeguarding the interest of the ƒ Baidhanik Kanoon 2004. employee by handling their grievances in an ƒ Interim Government of Nepal Act 2007. institutionalized manner. ƒ Constitution of the kingdom of Nepal 2015. ƒ Government should be able to give an impression that the authorities selected to work especially for PSC is ƒ Constitution of Nepal 2019. not composed on the basis of quotas of political parties. ƒ Constitution of the kingdom of Nepal 2047. ƒ Furthermore in order to streamline the civil service ƒ Interim Constitution of Nepal. 2063 administration and put it back in order it is urgently recommended that the portfolio of regulating public

- 143 - - 144 - achieve same seven kinds of freedom which are inseparable Role of Public Service Commission in Promotingand mutually reinforcing.20 In regards to achieving these seven freedoms – human rights emphasizes on having claims for Rights-Based Approach to Developmentachieving freedoms and (human) development works to enable people for progressive realization of those freedoms. - Dhruba Nepal♣ The state mechanism should be prepared to further that all Abstract development efforts are in line with human rights standards The test of capability and willingness is required to be included from and principles. The state mechanism is heavily dependent on the very beginning of selection procedure. Though, development the capability and willingness of government employees. The aspect of staffs cannot be undermined once they are at work. test of capability and willingness is required to be included from Therefore, the institutional orientation towards incorporating human rights perspective in staff selection and development is needed. the very beginning of selection procedure. However, Public Service Commission of Nepal is entrusted fully in selection development aspect of staffs cannot be undermined once they impartially. This article aims to provide the concept of rights-based are at work. So, the institutional orientation towards approach to development as well as it will discuss in short about the incorporating human rights perspective in staff selection and role of PSC in changing context. The author has emphasized that development is necessary. As Public Service Commission present examination techniques are criticized on account of not being able to test skill and attitude of the candidate. In this article (PSC) of Nepal is entrusted fully in selection and partially in the author has forwarded different issues pertaining to the role of staff development, its role could be of great significance. PSC in promoting right s-based approach to development. Taking into consideration the need of the time of combining

development efforts with human rights principles and for this 1. Introduction purpose the indispensable institution is PSC; this article aims It is commonly found in Nepal that development planners or to provide the concept of rights-based approach (RBA) to practitioners think that their task is not so closely related with development, then it will discuss in brief about the role PSC in human rights. Similarly, human rights thinkers and activists do furthering it. also think that development is another domain which keeps 2. Concept weak connotation to them. Both of them think - both human rights and development focuses on making better the human Seven freedoms that humankind is entitled to enjoy (as life but do not go hand in hand. But, it is not true everywhere. referred about it above): Many non-governmental organizations and UN organizations • freedom from discrimination – by gender, race, have already started that development efforts should follow ethnicity, national origin or religion; human rights standard and principles. In this decade, the philosophical turn has come into understanding that both (human development and human rights) must have aim to

20 Human Development Report 2000, page 1, 2 ♣ Director, National Human Rights Commission. - 145 - - 146 - • freedom from want – to enjoy a decent standard of and fulfill those rights of the people. People are not only claimant living; but also active participants in the realization of rights.

• freedom to develop and realize one’s human potential; Here are statements about the rights-based approach to development. • freedom from fear – of threats to personal security, from torture, arbitrary arrest and other violent acts; A rights-based approach to development is a conceptual framework for the process of human development that is • freedom from injustice and violations of rule of law; normatively based on international human rights standards and • freedom of thought and speech and to participate in operationally directed to promoting and protecting human decision making and from association; rights. Essentially, a rights-based approach integrates the norms, standards, and principles of the international human • freedom from decent work – without exploitation. rights system into plans, policies and processes of Human rights and human development (when we say development. The norms and standards are contained in the development that means human development in this article) are wealth of international treaties and declarations.21 both for securing basic freedoms. Human rights express the both A rights-based approach to development describes situations idea that all people have claims to social arrangements that protect not simply in terms of human needs, or of development them from the worst abuses and deprivations – and that secure the requirements, but in terms of society’s obligations to respond freedom for a life of dignity. to the inalienable rights of individuals, empowers people to Human development, in turn, is a process of enhancing human demand justice as a right, not a charity, and gives communities capabilities – to expand choices and opportunities, so that a moral basis from which to claim international assistance each person can lead a life of respect and value. When human when needed. –UN Secretary General Kofi Annan, 1998 development and human rights advance together, they A rights-based approach means having courage to build local, reinforce one another – expanding people’s capabilities and national and global movements that argue for specific duties to protecting their rights and fundamental freedoms. be met by governments, corporations, and individuals that will Previous approaches to development were supply-driven in nature enable all people to enjoy their rights. Above all, it involves in the beginning and then based on needs. The first one faced abolishing the development enterprise as a neo-colonial failure because recipients of dividend of development were ignored programme of correction administered from rich to poor and in identifying own need and participate in development endevour. replacing it with a common political project that recognizes The second approach offered recipients in identifying own needs everyone’s equal rights and judges the behaviour of all on the but the needs fulfillment still remained as blessing of the State or basis of how they realize or violate these rights. – Hugo Slim, provider. It failed to establish people claimant of development and 2002 also means of realization of those needs. At the latest, the rights- based approach emerged. It focuses - people are entitled for different rights, and the State has obligations to respect, protect 21 www.ohchr.org - 147 - - 148 - In the last decade, human rights-based approaches have Development planners adopting a rights-based approach to gained more attention in the development discourse. Although development need a deeper understanding of each of these a consensus on the basic constituent elements of this principles (definitions, scope, etc) in order to ensure that these approach appears to be slowly emerging, there is no single, principles: universally agreed rights-based approach. Above three ¾ actually guide the objectives of development; definitions emphasize on different aspects, like the first one focuses on human rights norms and standards, the second one ¾ actually form the basis of any development plan, tells about the primacy of society’s obligations and strategy or activity; empowerment of people and the third one puts thrust on ¾ actually direct the establishment of benchmarks everyone’s equal rights. and indicators; and 3. Principles underlying Rights-based Approach ¾ are incorporated in every stage in the The rights-based approach to development is guided by four development process. fundamental principles. Principle three: Development should respect the normative Principle one: The human person is the central subject of content of human rights. development. Development planner adopting a rights-based approach to The human person is the central subject, active participant, development must have a profound, well-grounded, clear and owner, director and beneficiary of development. Development sharp understanding of normative content of all human rights, planner adopting a rights-based approach to development in order to ensure: should identify beneficiaries as claim holders, especially the ¾ that all development plans, strategies or activities most vulnerable and marginalized, and to assess their actually respect the normative content of capacities, their rights and entitlements in pursuing their fundamental human rights; claims. The identification of beneficiaries as claim holders for ¾ that every stage in the development process is whom impact is to be ultimately achieved is critical for the inextricably linked to the normative content of all design of results-oriented, targeted strategies. human rights. Principle two: Development should be based on human rights. Principle four: Development should be coherent with the level Development – and all stages in the development process – and nature of a state’s human rights obligations. should be based on human rights principles – which include State obligations are of varying levels and natures. Generally accountability, transparency, people’s participation, legislative speaking, state obligations include the obligation to take steps capacity, independence of the judiciary, good governance, to the maximum of its available resources towards achieving non-discrimination, attention to vulnerable groups, progressively the full realization of human rights by all empowerment, universality, interdependence, inter-relatedness appropriate means; and the obligation to respect, protect and and indivisibility.

- 149 - - 150 - fulfill. The levels and nature of state obligations may also vary against the soul of this approach as mentioned above in depending upon the normative content and entitlement rights. principle one.

Development planners adopting a rights-based approach to Guidelines Programming implication development should possess in-depth knowledge and Participation • Create channel of participation for poor understanding of state-obligations, in order to ensure that: and disadvantaged. ¾ all development plans, strategies or activities are • Active, free and meaningful-time, actually coherent with state obligations; and resources to develop capacities needed. ¾ State obligations are highlighted in every stage in the • Adequate capacities are development development process. results in selfit empowerment. Accountability In sum, development planners adopting a rights-based approach • Objective guidanceo t set responsibilities. to development need to develop their capacities in two aspects: in • Capacity development: build on existing terms of knowledge and understanding of the: strength and solutions to respond to target weaknesses and vulnerabilities. a) human rights principles that guide development and • Include civil society: oversight elements. all stages in the development process; Non-discrimination, • Identify most vulnerable groups and b) normative and practical content of all human rights, equality and target themex plicitly. including the right to development and right of attention to • Develop data disaggregation. reparation; and vulnerable groups. 22 c) nature and state obligations. Empowerment • Target necessary capacities to claim and 4. Guidelines for rights-based development exercise rights – build on existing programming strengths and solutions, target weaknesses and vulnerabilities. In course of planning, programming and implementation of • Linked to active, free and meaningful rights-based approach to development, some guidelines are participation. imperative to be adhered23. In their absence, high-handedness Linkage to human • Standards are roadmap to the scope of of service provider or development worker emerges which is rights standard the problem and desired results – they also prevent capture of decisions and set 22 This principles section of this article draws from the “Workshop on the minimum guarantees for poor and Implementation of a Rights-Based Approach to Development”, Training disadvantaged groups. Manual, 2002, which is available online. 23 Nepali, Purna Bahadur: Right-based Approach to Development: The Current Need in The Organization, vol 9, issue 2, ODC Inc, Kathmandu, p.20

- 151 - - 152 - 5. What difference does Rights-based Approach • Mobilization of people to demand changes in make? policies and resource allocations; Other approaches like needs-based and charity-based • Using mass media to raise awareness and to report developments have different perspectives from rights-based abuses of power and rights violations; approach. • Establishing and monitoring standards, rules, and Needs-based approach puts needs of people at the centre. procedures; The development practitioners and planners focus on needs of • Auditing the quality of government services; the people and still it is supply-driven. The supplier holds high- handedness in fulfilling needs. The charity-based approach is • Monitoring the reporting human rights violations; inclined to providing service and development hardware as per • Establishing and supporting human rights watchdog the will of provider in the form of charity. The real beneficiary organizations and functions; does not have strong say in what they need. Their stand is quite similar of alms receiver/beggar; means they have to • Education of both the public and decision-makers satisfy with what they receive. about human rights; and On the contrary, the rights-based approach puts people at the • Using courts to claim entitlements and to achieve 24 centre. The supplier or service-providers are considered duty- justice and equality. bearers, who have to play role in realizing the rights of claim- 7. Role of Public Service Commission holders. This approach empowers people to make claims and the capacity of duty-bearers is developed. While plan, Above discussion invokes the State’s initiative in introducing programme and projects are developed and and in inculcating rights-based approach in its development monitoring/evaluation tools are designed, the principles and endevour. Such an initiative should begin from making civil standards of human rights are taken into consideration. Thus, servants aware and skillful in rights-based approach. To go in development programme which promotes discrimination, line with this very basic requirement, the Public Service causes disadvantage to many people cannot be launched. Commission (PSC) can play very significant role in promoting rights-based approach in development. Let’s first look into the 6. Methods used in Rights-based Approach constitutional provisions. Which method is likely to prove most effective varies according As per the provisions, PSC carries following selected to the particular circumstances. A variety of factors will have an responsibilities: impact such as the issue being addressed, the social and i) To conduct examinations to recommend the best political context, and the different actors seeking to employ candidates for appointment in civil service positions; rights-based approach. j) To provide suggestion on some of the issues like: • Pressuring decision-makers to change policies,

laws, programmes and budget allocations; 24 www.amnesty.org - 153 - - 154 - • About service conditions related civil service; i. It has been in realization these days that the State exists to ensure the rights of its citizens and • About the principles related with appointment, sometime of each individual irrespective to promotion and punishment (job-related); citizenry. In such a situation, the employees of state • About the suitability of the candidates if organs should be more aware, skillful and with the transferring from one kind of civil service to attitude of fulfilling the state obligations towards another one and similarly from non-civil service human rights. People always blame the services position to civil service one; state institutions provide are of poor quality and of not respecting clients as their masters. Such • About general principles related with orientation can be changed by making mandatory to appointment and promotion within the service of know and to realize own responsibility as the duty- military, armed police, civil police and other bearer to ensure the rights of people. So, the government service; curricula still needs revision for inclusion of more contents related with human rights. • About general principles related with service of public enterprises. This kind of suggestion PSC ii. Change in curricula is the starting point, so it should provides only if it is requested to do so. be supplemented by change in examination techniques. The examination should be able to test With the purpose to carry out above responsibilities, the PSC not only the knowledge but also skill and attitude has developed curricula for different level. On examining the towards human rights. curricula, the principles of good governance and human rights are included. The principles of good governance are iii. By including more contents on human rights in prerequisites of rights-based approach, which has already relation with development in PSC publications could been discussed under point 4. Moreover, while PSC furnish be another possible area. suggestion to government and other stakeholders as per its iv. Present examination techniques are criticized on mandate, it also takes into consideration the basic principles of account of not being able to test skill and attitude of good governance and human rights. For example, it cannot the candidate. So, it is necessary to change support discriminatory practices. techniques, so client-responsive candidates get chance to enter into service. As rights-based approach to development needs to be promoted further in the days to come, an important institution v. The present appraisal system applicable to civil to ensure merit, objectivity and impartiality in the management service has not been proved effective as per of civil service along with others like military, police and armed expectation. As PSC offers recommendation to the police, there is still a big room vacant for PSC’s involvement. government on conditions related with civil service, Let’s jot down few points for discussion. it should conduct research to identify better methods of appraisal and provide it to the government.

- 155 - - 156 - Equal Opportunity: Another important principle of recruitment Redefining the Role of Public Service Commissionis making sure of participation of all deserving person who wish to participate in the selection process. It is done by providing in the Change Context in Nepal equal opportunity to all who wish to participate and who have 25 Lakshman Kumar Pokhrel quality. Abstract Method of Selection Nepal has adopted the concept of the public service commission since Selection of the person in the organization can be made using 1947. Though at initial stage it was not so effective and efficient but after different methods. Widely used methods are as follows: 60 years, at present, it is mature and also functioning through regional and zonal offices. So as a matter of continuity Interim Constitution of the Nepal 2006 has made provision of Public Service Commission to select Patronage System: This system gives priority to appoint the people for the civil service and advise government about the relative, if available. If own relatives are not available employer conditions of service of the employees. Commission plays vital role both to the government as well as to the society by making social, skilled and also gives preference to select people of own caste. It also judicial base broaden in administration, maintain neutrality in selection gives priority to appoint close relatives of own employee and develop security and justice feeling in the civil servant. It can also because the employer knows family back ground of employee, play role of the protector of the merit system and also could be a strong so that he can completely rely upon him. This method of and effective guardian of the civil service selection is widely used in private organization. Introduction Spoil System: This type of system is commonly used to Recruitment is said to be a process of finding right people in appoint political supporter in the executive position in the right position. Edwin B Fillipo says “recruitment is the government. United States of America is the pioneer to use process of searching for prospective employee and stimulating this system. In this system selection is made on the basis of them to apply for job in the organization. political ideology and it takes place as the head of government change after the election. Principles of Recruitment Merit System: This is also one of the broadly used selection The selection of the right people in the right job is very difficult method in the public service. This process of selection is based task to perform. Therefore different principles of recruitment on skill, personality, leadership quality and morality of have been propounded to select suitable person in the candidate. organization. These principles are as follows: People in the organization are selected on the basis of Competence: This emphasis on the appointment of competent patronage system, spoil system and merit system. Among and intelligent people in the organization. them patronage system is followed in private organization, spoil system is commonly used in presidential system of governance and merit system is widely used in developing 25 Mr. Pokharel is currently associated with Department of Revenue countries that are adopting parliamentary form of government Investigation, Harihar Bhavan, Kathmandu Nepal. - 157 - - 158 - like Nepal. But to appoint chief executive of the corporation or employees. When disparity is checked and equal opportunity is the development committees spoil system is also frequently guaranteed employees naturally work impartially and the used in the parliamentary system too. results of all these are that people get equal service in time and in low cost too. This will also result timely completion of Need of Separate Institution for Selection the development project stopping cost overrun and efficient Democracy in the developing countries needs more efforts, implementation of plan and program. more passion and more honesty to make it grow and to mature Public Service Commission in Nepal it. We hear quite a lot problems encountered even in the countries like United States of America, United Kingdom, Keeping all these in the mind Nepal has adopted the concept of France, Germany who have long history of democracy. the public service commission since 1947. Though at initial Therefore there are numerous challenges to develop and stage it was not so effective and efficient but after 60 years at stabilize the infant democracy. One of the negative aspects of present it has been matured and also functioning through developing country is common use of nepotism and favoritism regional and zonal offices. As a matter of the continuity Interim while offering opportunity to the employee working in the civil Constitution 2007 has also made provision of Public Service service. Therefore, there is a need of separate organizational Commission and it has shouldered following responsibility. arrangements to protect civil service from nepotism and - To conduct examination to select appropriate candidate favoritism. Similarly, some politicians especially in the for the civil service. developing countries to get and to be in power use all tools and techniques and also often use civil service to fulfill their - No person will be appointed for the government job that ambitions. Therefore need had been felt to keep civil service get pension without advice of the commission. neutral and impartial, so that people of the country get fair and - Concern authority need to take commission advice on equal treatment and service from the state. In a democratic set following matter : up some politicians to fulfill their undue political ambitions may - Matters concerning the law relating to the conditions of want to use civil service. But employee may be reluctant to service of the civil service. obey improper order of the politicians. In that case such employee may face stern departmental action. So there should - The general principle to be followed in the course of be an agency in the civil service set up which may protect appointment, promotion and departmental action in the employees from arbitrary punishment, undue pressure and civil service. unjust action of the higher authorities. It is the employees that - About the suitability of any candidate to be appointed implement the policy, plan and program of the government. for more than 6 months in civil service. Therefore they are important tool for the organization. To work efficiently and honestly they must not suffer from disparity, - About the suitability of candidate for transfer or unwanted pressure as well as factionalism in the organization. promotion from one service to another within civil These can be checked by giving equal opportunity in service. promotion, training and providing other facilities to the - 159 - - 160 - - About the permanent transfer or promotion of any in civil service and get recommendation about to employee, working in any position of an organization maintain standard of training. which is not required to consult with the Public Service 6. Public service commission should give responsibility to Commission on matters of appointment , to any position keep personnel record of the civil service with a view to for which consultation with the Public Service increase effectiveness in the civil service. Commission is required. 7. Job security of the non gazette staff. - About the departmental actions proposed against any Civil Servant. 8. Commission should also assign responsibility of advising government owned corporation about principle - Public Service Commission will submit yearly report to of promotion, recruitment and providing facilities to the on the works it has performed. employees. Prime Minster will lay such report before the Legislature Parliament. Administration Reform Commission 1975 Efforts to Reform Public Service Commission This commission was constituted under the chairmanship of then General Administration and Finance Minster Bhekh Administration Reform Commission 1968 Bahadur Thapa. It has recommended following to the Administration Reform Commission 1968 was government: constituted under the chairmanship of Vedanand Jha. It has • Lessen time of recruitment by completing the whole submitted following recommendation to the government to procedure within four months. reform Public Service Commission: • Commission should delegate the recruitment power to 1. Make mandatory to take advice of the commission in the ministry and district offices. matter related to civil service. • Recommendation of inspection report submitted by the 2. Taking advice of commission about enacting new act or Public Service Commission about the exercise of civil amending the act related to the civil service. service act should be implemented. 3. Seek commission recommendation for transfer of civil Administration Reform Commission 1991 service personnel. This commission has been constituted under the chairmanship 4. Delegate power to the commission to inspect of Prime Minister . Among many it has government offices about the implementation of the following recommendation about the Public Service provision of civil service act. Commission: 5. Seek advice of commission on research in the field of increasing efficiency, facilities, effectiveness and ethics • Constitute a selection or promotion committee under the chairmanship of chairman of Public Service Commission which should recommend high level - 161 - - 162 - managers on the basis of management experience, • It can also play interactive role. It can initiate a new evaluation of efficiency, performance, skill and strategy for the betterment of the civil service and interview. implement it.

• Commission should play the role of promotion • It can also play proactive role by providing necessary secretariat. suggestions to the government. Review of the Efforts to Strengthen Public Service Commission Role of Public Service Commission Nepal has already experienced four constitutions and each There are some internal as well as external challenges constitution has made provision of the commission with the commission has faced and is facing. Therefore government objectives of making it efficient, effective, strong and well reviewed the actual requirement of the commission and tried reputed organization. It is the integral part of the democratic its best to facilitate it by means of enacting various laws, empowering commission amending constitution and providing custom to maintain neutrality and honesty about recruitment, resources to strengthen it. The reason of strengthening promotion and facilities in government services. This will give commission is simply because commission helped government equal opportunity and equal treatment to all the people of the and contributed some thing to the society as well. The role country which is basic of democracy. Every step taken to Public Service Commission played so far is as follows: strengthen commission should be guided to bring coordination between democratic theory of social justice and equality, equity • To make social, skilled and judicial base broaden in and expectation of development administration. It means administration to maintain neutrality in selection; commission constitutes basic of democratic principle and develop security and justice feeling in the civil servant. executive is responsible for the out come of betterment of So that hey can able to maintain law and order and common people should have supplementary not competitive perform efficiently and effectively. relationship. • Protector of the merit system. Public Service Commission in Changed Context • Guardian of the civil service. The second people movement of 2006 has to some extent • Advise government about different aspects of the civil changed the governance structure of the country. The service. election of constitution assembly is going to be held in • Audit the activities of the government about near future. And after the election Nepal can not look back recruitment, promotion and departmental action in civil and definitely go ahead to adopt federal structure of service. government that suits the geo–physical conditions of the country. But the challenges of the commission do not end • Inform government about their administrative here rather starts after that. Before analyzing the situation performance for the particular period during discussion and suggesting for future course of action, it is useful to in the parliamentary committee in its yearly report. - 163 - - 164 - know about the meaning of the federal system, its and small number of population. This system has following challenges and public service commission in different negative aspects: country for comparative study. - It is expensive system. Federal Structure of Government - It increases regional inequality. The word ‘Federal ‘is borrowed from the Latin word ‘Foedus - It can disintegrate the country. ‘which means agreement or faith. This word has been used in - This system creates conflict. Conflict may be political context after 17 and 18 century. Therefore federal the between two states or between centre and state. word means covenant and it means agreement between one individual or group with another individual or group. In political - It takes long time to decide any matter. context federal governance system means such system where - It helps to establish feudalistic society. two governments rule the country. Illustrated Oxford - Even federalism can not give opportunity to all cast dictionary defines the word 'federal' as a system of and religion. government in which several states form a unity but remain independent in internal affairs. Normally in federal structure Comparative Study of Some Countries there are two governments, one in central level and other in The methods adopted to recruit civil service in different state level. Central government is responsible for foreign countries are as follows: affairs, currency issue, maintenance of law and order and state has responsibility of maintaining local law and order situation, Britain construction of infrastructures and handling issue related to In Britain the selection process is currently performed by civil local level. service department, earlier this was performed by civil service commission. William Riker: Federalism is a political organization in which the activities of government are divided between regional United States of America government and central government in such a way that each Pendleton Act 1883 has provision of establishment of civil kind of government has some activities on which it makes final service commission. According to the act, President of USA decision. appoints three commissioners in the commission. But in 1979 Challenges of Federal Structure of Government civil service commission has been dissolved and selection function has been assigned to personnel management For multiethnic and multilingual countries with big area, federal department. system of governance may be to some extent useful. For this purpose the country should be large in area and population France should be large in number. But this system is inappropriate for There is no board or commission in France. There is National country like Nepal because of its geo political, lingual, caste School of Administration which conducts selection of the civil service personnel.

- 165 - - 166 - India program may help to loose trust of people toward government. Commission should also concentrate it self to select people of back There is federal public service commission to select the ward class as well as different lingual back ground in the civil employees for the central service and a state public service service. It should devise the curriculum based on these facts. In the commission to fulfill the post belonging to the state government changed context commission has to face challenge to perform its service. work satisfying different interest group in society. Challenges of Public Service Commission Some Tips to Strengthen the Commission Among different elements of management man is very difficult Federal structure of government is not the end of all the problems component to manage and there are numerous theory rather it will begin challenges both to the country as well as to the propounded by different theorist about the efficient commission. There are some suggestions which could to some management of employees. In public sector, especially in the extent help to face the challenges. These steps are as follows: government service, human beings are very difficult to manage because of job security of the employees by the act. There is • There should be legal provision to compulsory no doubt that civil service need efficient and honest employee implementation of the advice or recommendation of to implement plan, program and policy. But it is equally difficult commission in connection to matter related to civil to attract qualified people in the civil service due to low pay and service. This also applies to the implementation of other facilities compared to the private sector. Therefore, recommendation cited in yearly report submitted by the commission should keep into consideration these facts while commission. If necessary act or constitution should be advising government in civil service policy. amended. Nepal governance system will definitely change into federal • Lessen the time of recruitment and normally it should structure. But study of the recruitment practices in the civil service not be more than four months. in different countries reveals that there is separate institution to • Reorganize commission to face the challenges in perform this task. Therefore it is necessary to continue the Public change context. Instead of zonal or regional structure Service Commission in the federal structures of government in commission should go to the federal structure and there Nepal. Commission should know that federal structure of must be two commissions, one state level and other government brings a lot of challenges to the commission. Due to central level. Central level commission should delegate conflict of interest among the government officials in the state and full authority to the state level public service central level and due to some procedural requirement there is commission to fulfill the post of the state service. always delay in taking decision in the federal structure. So policy, Central level public service commission should plan and program of the commission should be work out keeping concentrate it self to fulfill central level vacant post and this factor in the mind. Next, commission should always cautious to give due attention in monitoring, research and conduct select people in short time span. Other wise due to shortages of training to employees of both central and state level manpower, plans and program of central and state government could not implement on time. Non implementation of the plan and - 167 - - 168 - public service commission and other employees of the will come more in coming days. So, commission should central and government service . carefully draw line between job security and good performance. • Employee working in the commission should be efficient and must possess high ethical value. • Federal governance system demands more Therefore, employee working in the commission must appointment of political executive in civil service. In be trained in regular time interval and they must coming days "A government of Stranger" will dominate adequately compensate. the civil service therefore commission should modify its curriculum to suit these changes. • To maintain impartiality and equal treatment in transfer, placement, training and promotion to the employee and Reference these opportunities should be arranged on the • Reports of Administration Reform Commission of recommendation or approval of commission. 1968,1975, 1991. • Commission should concentrate its efforts for equal • Tenth Five Year plan 2002-2007. Published by National treatment to people who speaks other languages apart Planning Commission. from Nepali. If necessary commission should take examination in other mother tongue too. • Interim Constitution of Nepal 2007. Published by Law Book Management Committee. • Commission should adopt merit system in the appointment in both state and central services. • Public Administration and Public Affairs by Nocholas Henry. Eighth edition 2004, Printice Hall of India Ltd • Think to adopt classification system for different kinds New Delhi. of employees such as clerks, trades people, professionals, and executives and commission should devise curriculum according to these classification so that qualified people can be selected in these fields.

• The new public management emphasize on contract agreement for performance. Therefore pay and bonus is directly related with performance. Commission should conduct extensive research to develop performance indicators as well as effective mechanism to monitor it.

• It is good to pay more for good performer but at the same time it is bad to pay for bad performer too. Therefore poor performer or non performer's problems

- 169 - - 170 - the nation as a community enhances social order and Governance Bureaucracy and Public Service:reinforces the notion of citizenship. Conventions and Alternatives Neither the laissez fair nor the 'social welfare state' has independently succeeded to serve the very intention of Chiranjivi Khanal♣ Governance i. e. Good Governance. And then gradually the Abstract governance trend has accepted the mixed economy, liberalism, privatization, and globalization. Hence, the role of The discourse on Governance has transformed the theme as good governance which holds the basic characteristics of transparency, public administration is significantly increasing to make accountability and rule of law. It also provides the room to search balance between public and private interest. alternatives of Conventional bureaucracy and public services. Some emerging models of governance are significantly considered in modern According to the World Bank, governance is the "Exercise of political science, i.e. Market, Participatory, Flexible and Deregulated authority, control, management, power of Government"-with a model of governance. All these models are competitive to legitimize special emphasis on accountability, the legal framework for public policies. development, information and transparency. The UNDP Introduction document asserts that "Governance or public sector management embodies direct and indirect management by the The dominant political theme of the nineteenth century was state of public sector affairs and regulating private activities laissez fair which advocates the theories of individualism, that impinge on human affairs". The term "governance" has individual enterprises and self-help. This philosophy envisaged large number of meanings and it can refer to a new process of minimum government control, maximum free enterprises and governing; or a changed condition of ordered rule; or the new contractual freedom. The management of social and economic methods by which society is governed. In short, three basic life was not regarded as government's responsibility. But the concepts appear central to the notion of governance; i.e. laissez fair doctrine resulted in human misery. accountability, legitimacy and transparency. It came to be recognized that the state should take active Governance as it is one of the most obvious businesses of interest in the ameliorating the conditions of the poor. This bureaucracy, and bureaucracy is the engine that converts the approach gave raise to the political dogma of "collectivism" political software into governance making and implementing which favored state intervention in, and social control and policies and day to day decisions. The author Madhu Raman regulation of, individual enterprises. The state started to act in Acharya giving an account of governance in the modern term the interest of social justice; it assumed a "positive" role. In says that there is so much focus on "good governance" that a course of time, out of the dogma of collectivism emerged the discussion on the business of bureaucracy becomes obsolete concept of the "social welfare state" which lays emphasis on without it. Governance as 'Good Governance', the political use the role of the state as a vehicle of socio-economic of governance refers to state enjoying both legitimacy and regeneration and welfare of the people. The Welfare emphasis authority, derived from democratic mandate and the

♣ Under Secretary, Public Service Commission - 171 - - 172 - administrative use refers to an efficient, open, accountable and comprehensive legal support to civil services was given by the audited public service. enactment of the Civil Service Act and Civil Service Regulations in 1956 following the path of fundamental Alternative Models of Governance assumptions of the German sociologist Max Weber's Different alternative models are emerging for the future bureaucratic norms. But the conventional government by its governance, i. e. Market, and Participatory, Flexible and very nature has developed a certain kind of organicity so that it Deregulated models. If it is to be provided a single alternative to has a life of its own, is self perpetuating, with its internal the traditional model of public administration favored by dynamism largely insensitive to its external environment and contemporary politicians, academics and probably the public, the functions that it should be fulfilling for the society at large. obviously it is market model. The advocates of market model say Most things get done by default or by process where strategic that the closer that instrument of public intervention came to the planning and coordinated action play little part. market, the better the collective outcomes will be. The followers of Governance always has been a central element of a participatory model of governance vouch to active public democratic polity. Reform in governance, bureaucracy and involvement arguing that no single actor, public or private has all public services is a continuous process and it has taken the knowledge and information required to solve complex, dynamic way of development discourse. It is a more affected apparatus and diversified problem of the 'center-less societies' in the of nation state by the globalization trends. Change in the public modern era of globalization. The flexible government, in particular sector is now becomes rule rather than the exception. Nepal is regarded as capable of responding effectively to new challenges also witnessed the several reform committees during the last of serving in the face of change. Since, the permanent civil 50 years at the moment of time, space and context for the servants are no longer be the backbone of government; as a shift improvement of governance and bureaucracy. Government of from the tradition of government employment, now developing countries like Nepal appears even more affected by internationalization of economies pressuring to decrease in full the permanence of public organizations and employment. In time and permanent employment and increasing level of part-time these countries still Government is a major employer, and temporary employment in contract basis. However, the especially for the relatively small professional and educated deregulated form of government is not concerned with economic segments of the society. policy but with the internal management of the government itself. The basic assumption of deregulation is that if some constraints In Nepal also the traditional rule-driven bureaucracy has been on action are eliminated, government could perform its function unable to produce desire results. Administratively, the scope of more effectively. government is also being reshaped. There have been serious attempts for "down-sizing" the public bureaucracy. There is a Bureaucracy in Nepal shift towards less control and less governance. Governments The modern bureaucratization process in Nepal had been are under intense pressure to solve the contemporary started from restoration of democracy in 1951. An Interim problems for the distribution of commodities and services. But Constitution was promulgated in 1951. The first Public Service the services can be turn over or contracted out to the private Commission was constituted in 15th of June, 1951. The sector, but governance can not. Discrete functions can be - 173 - - 174 - privatized but the overall process of governance cannot be all social system has to have some mechanism that gives them transferred to private sector. This is the main problematic legitimacy; if the present political process and operations are theme of governance and civil services in the present days. extended beyond the scope of public consent, the legitimacy crisis of governance could be reemerged. The Interim Constitution of Nepal, 2007 which is promulgated by the fresh mandate of the people's movement, the Article References 153 of the constitution has established such importance of Abercrombie et al. (2000). The Penguin Dictionary of governance and bureaucracy determining the provisions for Sociology. London; Penguin Books the 'Constitution of the Government Services' to run the public administration of the country. Moreover, the Article 35 of the Acharya, M. R. (2002). Business of Bureaucracy. Kathmandu, constitution further provides the guidelines to the state that it Phulchoki Entreprises shall pursue a policy for economic development through the Barret, M. (1991). The Politics of Truth: From Marx to Foucault. Government, Cooperatives and Private sectors. The state shall UK; Polity Press pursue a policy to provide positive discrimination for women, aboriginals, minority groups, disables, economically and Bista, D. B. (1991). Fatalism and Development: Nepal's socially disadvantaged group and community and the victims Struggle for Modernization. Orient Longman; Patna of the conflict. The state shall also pursue a policy to regulate Finer, S. E. (1970). Comparative Government. London; The for the operation and management of public as well as non- Penguin Press governmental organizations. Since the conventional Foucault, M. (1969). The Archeology of Knowledge. London; governance of the public sector has lost the confidence of the Tavistock citizens, such new instruments have been identified to be followed by the state. To some extent, the search for Held, D. (1991). 'Democracy, the Nation State and the Global alternatives is still continuing. System' in Economy and Society Conclusion Horner, C. (1994). 'Deregulating the Federal Service: Is the Time Right?' in Deregulating the public service, (ed.) by J.J. From the discourse and view of the French philosopher Michel DiIulio. Washington DC: Brookings Institution Foucault as he said that knowledge linked to power not only assumes the authority of 'the truth' but has the power to make Jain, M. P. and Jain S. N (1986). Principles of Administrative itself true. The very basis of Max Weber's bureaucracy; 'legal Law. Wadhwa and Company, Nagpur rational authority' is still holding the characteristic form of Luhmann, N. (1982).The Differentiation of Society. Columbia authority in modern societies. The Legitimacy of governance University Press; New York as it concerns with the right of the state to exercise power over Maskey, B.K. (2000). Development Governance. Kathmandu; its citizens; the flexible mode of governance will be more Center for Development and Governance legitimate. At the present context, policy formulation with such flexibility in governance is in the progress in our country. Since,

- 175 - - 176 - Osborne, D. and Gaebler, T. (1992). Reinventing Government. Reading Mass Addision; Wesley The Role of The Public Service Commission Peters, B. guy (1996). The Future of Governing: Four in the esentPr Nepalese Scenario Emerging Models. University Press of Kansan, USA Dr. Shambhu P. Khanal♣ Peters, B. Guy & Pierre, J. (1998). 'Governance without Abstract Government? Rethinking Public Administration' in Journal of Public Administration Research and Theory, Vol. 8, No. 2, pp. The author, in this article has attempted to trace the emergence and 223-243 institutional development of the Civil or Public Service Commission in different countries of the world as well as to evaluate and analyses Popper, K. (1963). 'On the Source of Knowledge and of the role of the Nepalese Public Service Commission which has been Ignorance' in Conjectures and Refutations. London; Routledge playing a pivotal role since the very long period in context of strengthening the public bureaucracy as per the needs of the time. and Kegan Paul Howsoever, in this context, the main objective of this article has been Rhodes, R. A. W. (2000). 'Governance and Public considered for over viewing the Commission's composition, power and Administration' in Pierre, J. (ed.) Debating Governance. New functions: recruitment, transfer, promotion and departmental actions along with the advisory functions as well. Therefore, the main objective York; Oxford University Press of this study is to review and analyses the functions of the Commission Smart, H. (1991). Criticism and Public Rationality: Professional on the basis of the available documents and sources and also to find out the shortcomings and problems of the Commission as far as Rigidity and Search for Caring Government. Routledge, possible. Besides that, the remaining objective of this article is to London examine the image of the Commission and also to present a sound solution to the Commission's problems such as- legal, economic, The World Bank, (1992). Governance and Development. social, political, etc. which have been specially appeared from time to Washington D.C; The World Bank time in course of the official business of the Commission. Weber, M. (1922). Economy and Society: An Outline of Introduction Interpretive Sociology. Bedminster Press; New York In Nepal, before 1948 the concept of this type of Commission had not been accepted by the Rana Rulers. Only at the end of their rule ( in 1948) the second last Rana Prime Minister Padma Samsher had felt its need when the people wanted to overthrow them. Therefore Padma Shamsher declared himself with the words "I am a Servant of Nation." At the same time, he framed a draft Constitution which was popularly known as "Nepal Sarkar Baidhanik Kanoon, 2004.(The Government of Nepal Act, 1948)".

♣ M.A., L.L.M. Ph.D., Assistant Professor of Nepal Law Campus. Faculty of Law, T.U. & Advocate, - 177 - - 178 - In Nepal, for the first time a provision for the establishment of a Why Public Service Commission? Darkhasta Parishad (like the Public Service Commission) was In this modern world no state would be developed without a enacted by the 1948 Constitution.26 Article 65 of that constitution well managed and effective administration. Therefore, it can be laid down the provision of the Commission but this Constitution said that the development of a nation always depends upon could not be implemented in practice due to its refusal by the the administrative efficiency of the government. The people. However, it occupies a great significance of the development of a society has now come to depend more and Commission as a constitutional landmark in the Nepalese history. more on organisational and administrative efficiency of the Therefore, it can be regarded as the first step towards the government. Therefore, an efficient personnel needs to be establishment of the PSC in Nepal. selected in the organization of the modern states to conduct In 1951 the second constitution known as "Nepal Government the government business effectively and efficiently. According Interim Act 1951" was drafted during the reign of Shree 5 to Willoughby, problems of personnel in public administration Tribhuvan. This Constitution too laid down a provision for a among the five problems as grouped by him for instance are: Public Service Commission in Nepal.27 According to that 1) problem of recruitment 2) problem of training 3) relationship provision, in Nepal, for the first time, a Public Service between the ministers and civil servants 4) conditions of Commission was constituted as an independent constitutional service 5) discipline of the personnel etc. seem as the body to streamline and strengthen the bureaucracy of the time. problems of public administration.29 Though this is merely a The first Commission was instituted with 3 members including platitude, it needs to be emphasized that the pivotal role of Chairman. The first Chairman was Sardar Nagendra Man public administration as an instrument of social and economic Singh.28 progress. Particularly in developing countries, the various Since then, till now, The Commission has been continuously development plans in social and economic fields would have discharging its duties according to its jurisdiction and supplying significance only in terms of what the state achieves the efficient personnel in accordance with the demands of the concretely. This is mainly a function of public administration. executive for that purpose. In order to select the suitable For this purpose, most of the states of the world, have candidates the Commission conducts written examinations established an independent regulatory body like the Civil or (preliminary and main examinations.) and interviews including, Public Service Commission to strengthen the bureaucracy as group discussion, psychological and other tests and also well. As The United Nations Committee on Public provides valuable advices to the executive government and Administration points out, "Improvement in the public other statutory institutions of Nepal. administration seems to be one of the primary means through which the adverse conditions of the under developed countries 30 might be overcome" 26 The name of this Constitution (in Nepali) was "Nepal Sarkar Baidhanik Kanun 2004 B.S." 27 See, Art 64 of The Nepal Interim Government Act, 1951. 29 Parmatma Saran, Theory and Practice of Public Administration, 3rd ed., 28 See the First Annual Report of the Commission for the year 2016-17. (New Delhi: Meenakshi Prakshan, 1980), p. 13. pp.1-2. 30 Bhalerao, op.cit., Introduction xxi. - 179 - - 180 - The changing role of the present-day State signified by the arise as who conducts the effective bureaucracy? And through term "Administrative State", from governance to the which method? Really, the answer may be: the civil servants or administration of public welfare, can be adequately performed bureaucrats of a country selected by an independent by it only if it has sound administrative organisation, laws, Commission like the Civil or Public Service Commission of a methods, procedures and competent public servants devoted state and they conduct their official business under the civil to public interest. "The utility of public administration depends service laws enacted by the Parliament. It is also generally as much on the administrative machinery and methods as on said that a state can not be developed until and unless the the personnel who provide the motivating force to that bureaucracy is changed and strengthened as per the needs of machinery, on its formal, organisational and procedural the time. aspects as well as on its dynamic, functional and personnel To solve the above mentioned problems, an independent aspects".31 constitutional regulatory body like the Civil or Public Service If we turn the pages of early history of civil service reforms in Commission had emerged and spread out in almost all the the world, one can clearly know that a sound personnel democratic countries of the world. This type of commissions administration has a determining influence on administrative were instituted especially with the purpose of strengthening the operations and that the Government has the primary bureaucracy of the states by providing necessary advisory responsibility for maintaining efficient personnel administration. services and by recommending of the suitable candidates after For this purpose views are expressed that the Public Service the completion of necessary examination.(written examination, Commission should be independent, impartial and never interview with psychological and other tests, resolution of the should it be influenced by the Government and the leaders of problem given etc.). the political parties in order to make the bureaucracy more Institutional Development of CSC or PSC in Various effective and efficient. Democratic States of the World An effective and sound administrative system has been While turning the pages of the administrative history of the regarded as an important factor inter-alia for the development world, one can easily find that the patronage recruitment and of a country in a democratic way. For this purpose, the selection activities as vested to the early governments administrative machinery of a country needs to be effective, gradually began to transfer into independent bodies like the creative, dynamic and streamlined in accordance with the time Civil or Public Service Commission. In this context, such and situation of the day. But, at present, it seems as the Commissions were considered necessary for providing a check problem as how it can be achieved as thought. Here may arise on patronage and political interference in the civil or public a question like how the administrative machinery can be services which were all pervasive in the early period of the operated in a democratic manner. The short answer to this development of modern civil service. In fact, the credit of question will be: that should be operated by means of an evolving the concept and establishment of Civil Service efficient bureaucracy. Similarly, next question also may be Commission goes to Britain where a Civil Service Commission was established in 1855. This was established following the 31 Ibid., - 181 - - 182 - Northcote- Trevelyan Report of 1853. The report had Commissioner since 1902), Northern Ireland in 1923, India in recommended accepting the appointments of the personnel 1926, Ceylon in 1931 and New Zealand in 1946 (there was a only on the basis of merit system. Canada set up a Civil Public Service Commissioner since 1912). Similarly, there are Service Board in 1868 under the Act of that year. Civil Service Commissions in Israel, Egypt, Iraq, Iran, Burma, Philippines and Thailand France does not have a Civil Service The United States of America has a long history of the Commission, but recruitment to higher public services in spoils system. Till the period of 1883 the system was France is made by the 'Ecole National d' Administration which remaining as it was. But in 1883 she established a Civil was established in 1945. Service Commission under the Pendleton Act of 1883 following the assassination of President Garfield by a As mentioned above, these various types of Commissions disappointed job seeker in 1881. Later, it was transferred differ from one another with respect to their functions and on Office of the Personnel Management (OPM) since 1st powers. There were the Civil Service Commissions in Jan. 1979 and many of the functions were also transferred Britain and Northern Ireland which have only the function of on it. In the British Dominions similar Commissions were making selection for public services. Beyond this, the established under the impetus of civil service reform British Civil Service Commission would conduct limited movement provided by Britain32. Until 1968, the Civil competitive examinations for promotion also. Civil Service Service was managed by the treasury and recruitment was Commissions of Australia, Canada, Egypt, Israel, Ceylon, in the hands of the Civil Service Commissioners. In the Thiland and Philippine, in addition to making recruitment, same year, these functions were transferred to a new Civil have controlling functions in regard to promotion, Service department, and as recommended by the Fulton discipline, pay and other conditions of service, Committee, the department was later abolished by Mrs. classification, organisation and methods along with the Thatcher in 1981 and its tasks given to a smaller training. Similarly, the United States Civil Service Management and Personnel Office (MPO). After the Commission, before the Second World War, also used to general election of 1987, the MPO was dismembered and perform these functions. But, at present, it makes responsibility for manpower, pay, and recruitment was recruitment to the Federal Civil Service and provides transferred to the Treasury. In 1992 the MPO was leadership in personnel administration. renamed as the Office of the Minister for the Civil Then there are the Public Service Commissions in India, Service (OMCS) and was given the responsibility of Pakistan, Bangladesh etc. which make recruitment to the training, equal opportunities, and top-grade recruitment.33 higher public services and render advice to their executive South Africa established her Public Service Commission in governments on matters concerning the law relating to the 1912, Australia in 1923, (there was a Public Service conditions of the civil or public service and principles of selection, transfer, promotion and the suitability of candidates 32 C.N Bhalerao, Public Service Commissions of India, A Study, New thereof and on conformation, disciplinary cases, appeals, Delhi: Starling Publishers,1968. p. Introduction XXI. memorials, re-employment of retired government servants and 33 Dennis Kavanagh, British Politics: Continuity and Change. 3rd ed., London: Oxford University Press, (1996), p. 312. other service matters. - 183 - - 184 - The Theoretical Purpose of the Commission Administrative Staff College, Purbanchal University Service Commission, Pokhara University Service Commission and so The theoretical purpose of the Civil or Public Commission is to like formally and as well as Police and Military services non- establish an efficient and contented public service and protect formally.37 But the urge of the executive government for it from political and personal influences. the extent to which this patronage suppressed by the constitutional requirement to purpose is, however, realised varies from country to country consult the Commission finds expression in the adoption of and is contingent upon socio-cultural, political and economic certain techniques to bypass the Commission or to reduce its conditions. For instance, Sharp, in his paper on "Bureaucracy usefulness. and Politics⎯ Egyptian Model"34 and Shor in his paper on "The Thai Bureaucracy"35 have shown that the Civil Service With the growth of the population and increasing number of the Commissions of these countries do not play an effective role in educated persons, the workload of the Commission also has personnel matters although their civil service laws assign such tremendously increasing day by day. The number of a role to them. They relate this to the prevailing social, candidates appearing in the competitive examinations has economic and political conditions in these countries. progressively increased. There has been, therefore, some increase in its personnel. The Commission had only two Major Problems members including the Chairman in 1958. At present, the The Public Service Commission in Nepal, as pointed out number of appointing members is six including the Chairman. above, recommends for recruitment to the higher or lower civil Therefore, the number of members and staff has been services36 and renders advice to the executive Government on expanded according to the workload of the Commission. the issues like recruitment, transfer, disciplinary actions That the function of the Nepalese Public Service Commission including other service matters. The advice given by the is important does not need to be emphasized. As the Commission, with some exceptions, can be seen to be Commission has to carry out these functions effectively, it is accepted by the government. Besides the civil services, the necessary that the members of the Commission should be Commission also is providing its services on these matters to appointed on the grounds of merit and ability and should be the non governmental organisations too. For instance they are: free from any kind of bias and political influences. The present Tribhuvan University, Royal of Science and method of the appointment of the Commission's members Technology, Judicial Service Commission, Nepal seems more democratic than the previous. It requires examination because the utility of the Commission lies in its 34 W.J. Siffin, (ed.), In Toward the Comparative Study of Public independence. The composition of the Commission should Administration, Bloomington: Indiana University Press, ( 1959), Also also be such that while giving due weightage to the see Bhalerao, op.cit., p. introduction xxii. 35 C.N. Bhalerao, Public Service Commissions of India, A Study, (New representation of service element, other important elements, Delhi: Sterling Publishers, 1968), p. introduction xxi. such as the academic, scientific or technical, judicial or legal 36 The Government owned enterprises also were included within the etc., should also be represented. purview of PSC under the Constitution of 1962 which continued till 1989. But at present, the existing Constitution does not mention them under the Commission's purview. 37 See. 47th Annual Report of PSC.for the year 2062-63. - 185 - - 186 - The main function of Public Service Commission (which is So we can easily say that at that time the Commission was not significant from the point of view of development) is to act as fully independent as it is at present. The ministries and dynamic centres within the governmental matrix for promoting departments, for instance, may suppress serious disciplinary and strengthening professional ethics and standards of cases which cannot be noticed by the Commission. The competence of the administration. Though the improvement in functions and powers of the Nepalese Commission, therefore, administration is dependent upon socio-cultural, political and call for an examination in the appropriate context. economic development, the independent constitutional body After the successful popular movement of 1990, the existing like the PSC and the administration both play their role in such democratic Constitution came into existence in Nepal. The development. This would require the re-construction of a new activities for democratisation towards the bureaucracy too have image of the Commission with respect to its role in national been started and have continued till now. But no remarkable development, more exertions and adoption of more imaginative changes have been occurred in this field. Indeed, to some and scientific practices by the Commission and co-operation by extent, the PSC also is responsible for it, but we do not know the political and executive leadership. whether the Commission is performing its duties effectively or The functions of the Civil Service Commissions of the U.S., not. Therefore, first of all, we have to study and find out those Canada, Australia and New Zealand are more comprehensive facts about the Commission within the periphery of the than that of the Nepalese Commission. The purpose behind Nepalese administrative system. giving more comprehensive functions to the Commissions of Theoretically, the Public Service Commission has been these countries was to create a check on the patronage of the endowed with a lot of constitutional powers but it seems very political executive and help in establishing and implementing weak in applying them in practice. After the study of the proper personnel standards and practices. In Nepal, before the Commission, the author has find out the problems of the re-establishment of modern multiparty democracy or before the Commission for failing to strengthen the bureaucracy. In this period of 1990, when the Panchayat system was acted up, the context, Nepal has amended and changed her constitution provision of the police report about the character of such a several times39 and several modifications and changes have candidate was being very dangerous for those who were been introduced in the organisational structure and powers of basically against the Panchayat system. Such these persons the Commission. Therefore, this has been the main problem of never would have been provided any chances for getting the Nepalese administrative system that we have a Public Service government job even he or she might have done well in the Commission in Nepal which is responsible for the selection of Commission's examination. But always they would have failed the qualified personnel according to the needs of the on the ground of police report during the Panchayat rule.38 But at present this type of problem has been removed after the 39 adaptation of democracy in 1990. (i) The Government of Nepal Act, 1948 (2004 B.S.). (ii) The Interim Government of Nepal Act, 1951 (2007 B.S.). (iii) The Constitution of the Kingdom of Nepal, 1959 (2015 B.S.) (iv) The Constitution of Nepal 1962 (2019 B.S.), (Panchayat 38 Based on interview with Bhuban Man Singh Pradhan, Former Constitution, which was amended by three times). Secretary, PSC, Nepal. (v) The Constitution of the Kingdom of Nepal 1990 (2047 B.S.). - 187 - - 188 - Government. But at present, the bureaucracy has become But the political system then prevalent wanted to limit the role useless, unproductive, corrupted and also of low quality. of the Public Service Commission (evident by several instance of suspension of the Public Service Commission for The need for an independent Public Service Commission in appointment and promotion of civil servants on the basis of Nepal was realised only after the democratic changes in the loyalty to the Panchayat system). country. In accordance with the Interim Government Act of Nepal, 1951 (Interim Constitution, 2007 BS. Part 5, Article 37), The Public Service Commission (Procedural) Act was the Public Service Commission was established for the first introduced for the first time in 2020 BS and later this was time in June 1951 (2008 B.S.) as an independent constitutional changed in 2027 BS. body. This was limited to the constitutional provision until 2013 The first amendment of the 1962 constitution (2023 B.S.) BS, when the Civil Service Act was enacted for the first time. introduced a provision of delegation of PSC authority to any The Act provided for mandatory requirement of consultation of officials of HMG and the expanded role of the PSC to the the Public Service Commission for the recruitment of recruitment of employees in public enterprises. Accordingly employees getting more than RS. 4000 annual salary and position fulfilment committees (Padpurti Samiti) were formed in constitution of a Promotion Committee under the chairmanship each enterprise in the chairmanship of a member of the PSC. of the member of chairperson of the PSC for the promotion of The second amendment (2032 BS) expanded the role of PSC employees. But these provisions were not implemented to the general principles of personnel administration (terms of effectively and government continued to make decisions service, recruitment, promotions, punishment) of public without consulting the PSC. enterprises. After 1959, the Public Service Commission was adopted as a The Public Service Commission Reforms Plan (2030 BS) was fundamental feature of the Constitution of the Kingdom of introduced in order to cary out institutional efficiency and Nepal, 1959 (2015 B.S.).This started a genuine start in the role effectiveness of the PSC. This envisaged the concept of of the Public Service Commission in Nepal. But several delegation of PSC authority to the then HMG offices with certain provisions could not be properly implemented because of the guidelines, reforming the organization and procedures, constitution was short-lived. modernising the curriculum and examination system etc. The Constitution of Nepal, 1962 (2019 B.S.) provided for The Administrative Reforms Commissions identified the compulsory advice of the Public Service Commission on all important role of the Commission and recommended several recruitment of civil service positions. The Constitution provided measures for reforms and institutional development. The the role of the Public Service Commission for recommending in Public Service Commission has thereafter become very much the areas of promotion of civil servants, punishment of institutionalised in terms of conducting examination and its gazetted civil servants and for the terms and conditions of the credibility as an impartial recruiter has been established. civil service. Accordingly, the Public Service Commission However, the role of the PSC in formulating the principles of played an increasingly noticeable role in personnel terms and conditions of service, and punishment etc. has been administration. Public service examinations became regular.

- 189 - - 190 - very limited due to non-compliance by the government to adopt recruitment, promotions, and punishment guidelines, the recommendations of the PSC. transferring employees from one service to another and changing non-civil service employees to civil service, After the re-establishment of the multi-party democracy, the recruitment of temporary employees for not more than six Constitution of the Kingdom of Nepal, 1990 (2047 BS) has months, recommending on punishment of civil servants, provisioned for the PSC mandatory recommendations for delegation of authority (to regional and zonal offices for non- employment in all pension-holding positions of civil service, gazetted administrative posts and to the concerned ministries formulating the general principles of the civil service terms and and departments for technical non-gazetted posts). conditions, recruitment, promotions and punishment guidelines, changing one service to another and changing non-civil service The Public Service Commission in Nepal is plagued with several problems. It is an advisory body regarding civil service employees to civil service. This also extends to employments of principles. Several of its recommendations regarding the temporary employees for more than six months, recruitment and principles of civil service are regularly thwarted or rejected by promotions in all civil service positions and departmental actions the government. This evidenced in PSC Annual Reports. of civil servants. The Procedural Act of the PSC was redrafted in 2047 BS by amending the original PSC Procedural Act of 2027 The recommendations and advice of the Commission have BS. been mostly based on the will of the government, evident due to very limited cases of PSC difference of opinion in cases In 2063 BS. The Interim Constitution of Nepal 2063 has forwarded by HMG regarding official punishment etc. It is only brought several changes regarding this Commission. .Among doing a formal role (example, change in the service and groups them, in Art.126.The word –“Armed Police” also has been of civil servants in the past) again on the basis of the will of the mentioned and excluded from the definition of civil service to it. government. And similarly, in Art. 127, Annual report of the Commission to The Nepalese Public Service Commission has been a very be submitted before the Prime minister instead of the poor guarantor or protector of the civil service, evident by the king.Details of the civil service reforms for the future to be absence of job security among the civil servants. included in the Annual report.40 Public service examinations lack a test of validity and reliability The Public Service Commission has been entrusted with despite a high integrity on impartiality. The examination system maintaining equal opportunity of employment in public service is criticized as being the subjective. Written examinations are without any discrimination on the basis of ethnicity, race, often criticized as being academic rather than professional. colour, sex etc., conducting examinations for tests of fitness Examinations are usually conducted in a traditional manner and recommending for recruitment in all civil services and without due consideration to modernization. There is some promotions, and establishing merit and neutrality in the civil doubt regarding the examinations conducted by regional and service. It is responsible for employment in all pension-holding zonal offices in terms of the integrity and impartiality, as is positions of civil service. And also is responsible in formulating shown by newspaper reports of malpractice. the general principles of civil service terms and conditions, There is an evident lack of adequate supervision and proper

40 See. Art. 127 of The Interim Constitution of Nepal 2063. compliance of PSC guidelines on delegated authority regarding - 191 - - 192 - recruitment and promotions. This has been squarely shown in the existing constitutional and statutory framework. Its each annual report of the Commission. scope of functions should include within the purview of The PSC is dwarfed by the lack of adequate research and whole public sectors. studies regarding the effectiveness of the principles of civil (2) The curriculum designing process should be improved service in the light of ever expanding volume of knowledge and by strengthening the curriculum unit and making principles in the field of personnel administration. The only curriculum design need-based. It should take into PSC publication viz. Civil Service Journal has become very account the requirements of the job in terms of ineffective in containing standard research output (the cognitive, affective and skill areas. Continuous publication of that journal had also been stopped for some interaction with the Ministry of General Administration years) Curriculum development, which is an important function concerned Ministries or Departments, Curriculum of the Commission, is done as a ritual exercise. Before some Development Centre of Government and Tribhuvan years ago, the commission had changed its curricula to make University, Nepal Administrative Staff College. them more qualitative as per the need of the day but they Furthermore, concerning law teachers of TU. and other seem unable to reflect the actual need of the civil service subject matter specialists is called for. positions. (3) The curriculum prescribed by PSC for all levels of There is a marked imbalance between the workload and capability of the PSC in the wake of rising number of civil Competition should be changed and made at least as servants and the extended coverage. per the SAARC standard i.e. India, Pakistan, Bangladesh and others. The present examination Lack of proper human resource development strategy in the system should be improved by focusing on such PSC, low morale and motivation of the PSC employee, aspects as relevancy, reliability and speed equally willingness of the PSC employees to get transferred away as besides fairness and secrecy. soon as possible, lack of career development within PSC, government intervention in the scope and jurisdiction of PSC are jeopardizing the continuity and institutional development of (4) If the executive government has done anything about the commission. recruitment, and transfer without consulting the PSC in Despite raising of the problems annually, the maladies such a condition, it writes for information but the continue to repeat and recur due to a cohesive strategy for concerned office does not response in detail. The reforms. Commission can do nothing more than reporting it to the parliament. Therefore, if the PSC writes demanding Major Recommendations: any thing the concerned officer must send the Some of the major suggestions are summarised here under information within seven days. If the officer does not do the following points:- so within the prescribed period he or she should be punished by the Commission. This type of legal (1) The role and functions of the PSC should be expanded as well as consolidated through necessary changes in - 193 - - 194 - provision should be incorporated in the PSC Work (10) The PSC should run a series of interview technique Procedure Act immediately. courses for its members, staff, as well as potential subject matter specialists and experts. It could also run (5) The training programmes should be integrated into the orientation courses on personnel rules and regulations, selection process. For technical jobs, essential practical guidelines prepared by the PSC for the client tests are to be stressed as far as possible. organizations. (6) The government should immediately start a (11) It is observed that the percentage of successful women strengthening plan for the PSC in order to develop it as candidates is waning in the examinations of the PSC. In a more independent and powerful constitutional organ the university system, the percentage of successful of the country. women is almost the same as the percentage of (7) The Nepalese Police Service also should immediately be successful men. In fact, in many subject areas, women included within the frame of constitutional definition of candidates have come at the top in the merit list. But in Nepal Civil Service and controlled by the PSC the examinations for the Nepal Civil Service, this is not (8) The style of preparing the Annual Reports of the seen to be happening. Therefore, the author felt that Commission should be changed (from traditional to not enough number of women is attracted to the Civil modern techniques). Because the Commission is Service because of the social and family obligations preparing it in the same way even today, which are very women have to bear once they are married and also traditional? Therefore, the annual reports of the due to the low success rate of women candidates in the Commission should be prepared by following the past. reports of UPSC or any State Commission of the (12) The PSC should try to influence the line ministries countries like India, Pakistan, Bangladesh and so on. through new ideas and creativities so that its advisory Similarly, annual report of the Commission should be services are valued and sought after. Well-defined translated into English. policies, criteria and directives are, therefore, called for. (9) So far as the Annual report is concerned, it seems that Again, the PSC should take care that its advises are the words- "with memorandum" inserted in Article 102 consistent with the advices it offered earlier in similar (7) of the 1962 constitution, which were prevailing in cases. The advisory services should not be taken as a the 1962 Constitution has been deleted in the existing mere formality and it should not be procedure oriented Constitution. It means now the government agencies only. The PSC should look into the merit of the case are not liable to submit a memorandum together with also. If competent manpower is lacking it should build the non-compliance cases. Therefore, the words-"with this. It is also advisable to publicize its inspection a memorandum" is needed to be re-mentioned as in reports and advisory services through the national the 1962 constitution by inserting them while making a newspapers and other media. new constitution for the country.

- 195 - - 196 - (13) The present image of being an impartial organisation examination. In terms of its quality of both examination should be well-maintained by making its advisory and advisory services, it was generally agreed that services consistent and investigation oriented. The PSC there is a scope for improvements. It is being felt that also should try to improve the present level of the process of examination should start right from the organizational efficiency and effectiveness through job itself and the design of curriculum should be need improvement in speed, reliability and relevancy aspects based and should help identify the appropriate of the curriculum design and the examination system as candidates. The present system seems utterly lacking suggested earlier. in this. This has been particularly due to the lack of adequate and competent manpower in this area. Within (14) The regional as well as the zonal offices of the the available resources it has done well, but for the Commission should be streamlined on the basis of their PSC to perform its roles and functions more effectively, volume of work and the services provided to the people. its curriculum design unit needs to be strengthened as These offices need to be strengthened by providing per the needs of the 21st century public bureaucracy. adequate resources both human and physical. (18) The existing physical facilities at the PSC are extremely (15) Modernization of office procedures by installing modern poor and despite the efforts of the staff at the PSC it equipments (e.g. photo-copiers, fax machines, printing simply cannot ensure efficiency in conducting its activities. press, computers, etc.) in central, regional and zonal level offices is to be carried out. (19) Conducting examinations on time also has become a headache to the PSC because of lack of adequate (16) There is a need to increase attractions for the PSC staff space for it within the PSC. These all point to the fact through increased opportunities for education and that even with highly qualified staff, the efficiency and training and financial incentive packages. To have a effectiveness in the PSC's functioning would not be specialized cadre of personnel specializing in brought about beyond a certain point unless inadequate recruitment and other personnel related matters, it is budget is to be provided by the government in advisable to create a new public service group. This developing physical facilities for the PSC. Therefore, will, on the one hand, create highly specialized and physical facilities should be provided by the government dedicated staff and on the other hand, will take care of for the improvement of the commission's business the problem of dual loyalty of the staff at present. Since effectively. the staff at present is all under the General Administration group, they have dual loyalty towards (20) The PSC has a research and publication unit. The unit HMG as well as the PSC. In case of a conflict between needs to be strengthened considerably if the PSC is to the PSC and Nepal government NG they would play a pivotal role in personnel management in the Civil definitely prefer to side with NG. Service. The PSC should conduct a series of research on a continuous basis for the purpose of improving its (17) As is clear from the discussion, the PSC has fairly done functioning. It should be aware of the latest well on fairness and secrecy aspects of the

- 197 - - 198 - developments in the field of recruitment as well as the bypassing the Commission. This has been seen as one policies adopted by developed and developing of the major serious problems. For this, necessary countries in the field of personnel management. The punishment provision should be managed in the need is to become protective and creative. If its constitution itself. recommendations are based on research findings then (23) Now a days voices of inclusive democracy have been it will be easy to pursued Nepal government (NG) to loud. Voices for the reservation to women, different accept them also. casts and tribes may overcome. But at any cost, that (21) The improvement in the staff of the PSC is obviously should not be taken into consideration. That may be not possible without upgrading the level of competency more harmful and can be against the merit system of its staff. Many recommendations put forward above (24) At least, a SAARC forum of PSC members should be cannot be implemented without having staff who are established in order to exchange of ideas about the well educated and trained to do so. Thus the staff Commission and develop the Commission with a view development plan for the PSC should be as follows: of making qualitative up to the SAARC standard. (i) Improving relevant skills and competencies on Conclusion: the part of concerned PSC staff for the curriculum design through a series of In Nepal, no Public Service Commission had been instituted educational up gradation, training, and before 1951.The Commission was instituted only in Ashad 1, observation visit programmes. 2008 BS. Recently, it has crossed about 55 years. It has crossed many ups and down in its development to maintain an (ii) Improving competencies of the PSC staff in independent and impartial status. With the overall study of the developing various testing tools through a series political and administrative institutions of Nepal, it is necessary to of training and education programmes. study them in the context of Nepalese society which is (iii) Upgrading the competencies of the PSC staff in characterised by poverty, illiteracy and economic inequality. The research methodology, publication techniques political leadership which emerges out of the inter-play of these and so on. forces, with a very few exceptions, is not dynamic enough to (22) Recently, there is a serious problem of transfer of the execute the tasks of institution building necessary for the civil servants. The government writes seeking advice modernisation of the country. These features of Nepalese society, with the Commission, it provides advice to the economics and politics provide the substantive context which can government agencies but the government does not enable us to understand realistically the working of governmental obey the Commission. The same has been pointed out and administrative institutions in Nepal. several times by the Commission in its regular To sum up, the Public Service Commission is a constitutional inspection visit report; they are pointed out in annual organ of Nepal which is related to the public bureaucracy. It reports also. But no actions can be taken against can select the candidates on meritorious basis and

- 199 - - 200 - recommend to the government agencies to recruit them and Kavanagh, Dennis, 1996, British Polities: Continuities and also render advice to the government on civil service matters. Change ( 3rd ed) London: Oxford, University press Indeed, the PSC merely can not control the bureaucracy directly because it has no further jurisdiction to control the Khanal, Shambhu p., 2005, The Public Service Commission, bureaucracy. That's why, the rest jurisdiction for controlling the “Public Service Commission in Nepal and its Role in bureaucracy is vested to the executive government. For Strengthening the Bureaucracy”, Civil service Journal, Vol. 26, instance, if a bureaucrat goes against the bureaucratic ethic or No.182 discipline, at the same time, the PSC can do nothing until the Khanal, Yadhu 1966, Nepal After Democratic Restoration. government notices to the Commission to sought advise to Kathmandu: Ratna Pustak Bhandar take departmental action. Poudel, Niranjan Bhakta, 1980, The History of Constitutional Institutional capability of the Commission should be strengthened, including the research for its development. More Development of Nepal, Subash Printing Press, Lalitpur. resources should be committed to reform the commission. Public Service Commission, 2017, (First annual report), Nepal, Human Resource Development in PSC should be given Lok Sewa Ayog ko Pahilo Barshik Report, 2017, Kathmandu. importance with special emphasis to career development. Public Service Commission should be given some corrective, Nepal Lok Sewa Ayogko Satchalizsaun Barshik Report, 2063. reformative and punitive power in addition to its advisory role. Saron, Paramatma, 1980, Theory and Practice of Public References Administration, Manakoshi Prakashan, New Dellhi. Acharya, Madhuraman, 1994, Business of Bureocracy, Ist.ed, Whit, L.D. 1955, An Introduction to the Study of Public th Kathmandu: Nepal Encyclopedia Foundation. Administration. 4 Ed, Eurasia Publishing House Pvt. Ltd. New Delhi. Bajracharya, manik hal, (n.d) Constitutional Development in Nepal, Kathmandu, Chandra Prashad and Brothers. Public Service Commission, Kathmandu, Civil Service Journal, Dec. 2003, va 26 No 1 & 2 Kathmandu Basu, D.D. 1956, Commentary on Constitution of India, Bhalerao, C.N. 1968, Public Service Commission of India, A study. Donovan, J.J. (edt),1968, Recruitment and Selection in the Public Service, Chicago: Public Personnel Association, 1963 Government of Nepal, Ministry of Law and Justice 1990, The Constitutional the Kingdom of Nepal, 1990, Kathmandu. The Constitution of Nepal, 1962,

- 201 - - 202 - while the responsibility of implementing remains on Ministry of Public servicemmission- co Challenges General Administration. The nature, role and functions of the PSC, and Opportunities as a constitutional guardian of Civil Service, have always been a challenging issue for conducting the bureaucracy. - Narayan Prasad Kaphle♣ PSC consists of a chairman and such number of other Abstract members as may be required. Prime Minister, on the

recommendation of the Constitutional Council appoints the The role of Public Service Commission (PSC) is vital in Personnel Chairman and other members of the PSC. At least fifty percent Administration. The nature, role and functions of the PSC, as a of the total numbers of the members of the PSC should be constitutional guardian of the Civil Service, have always been a major appointed from persons, who have done research, and challenging issue. The main responsibility of the Commission is to investigation, teaching or any other significant work in fields conduct examinations for the selection of suitable candidates to be appointed to Civil Service posts. PSC is suffering from various such as science, art, literature, law or any other sphere of constraints/problems like: lack of physical requirements, lack of national life and who hold a high reputation. The terms of office adequate and efficient manpower, lack of adequate study and research of the Chairman and the members of the PSC is six years from works, lack of effective role on departmental action, problems the date of appointment and are eligible for reappointment. A regarding curriculum, lack of coordination between the PSC and Government Offices, lack of adequate supervision, lack of budget etc. person once appointed to the office of the chairman of a Different suggestions are recommended to solve the member of the PSC shall not be eligible for appointment in problems/challenges. However, PSC should perform the role of a other Government Service. protector and guardian of the Civil Service. The recommendations given by the Commission should be made mandatory rather than 2. Historical Background optional for government implementation. The Commission would be While studying the history of Nepal, we find that it was not able to play much more effective and dynamic role only in the condition where the Secretariat work is diligent, dedicated, competent and realizing the need of an impartial constitutional body like PSC skillful. for the selection of the employees. The transfer and promotion system which was conducted on the ruling time of Late King 1. Introduction Prithivi Narayan Shaha was popularized more on the ruling The Public Service Commission is directly related with civil or time of Rana Period. Before the end of Rana regime PSC was government service. Therefore, the relation of Public Service not established. Only after the political change and beginning Commission is connected with the public. In the Interim of democracy in 2000 B.S., the need of an independent PSC Constitution of Nepal, 2063, it is recognized as a consulting body of was realized. A Public Service Commission was established Nepal Government. In the area of Personnel Administration, Nepal for the first time in 2008 B.S as an independent constitutional has especially two important central bodies. One of them is body. This was provisioned in part 5, Article 37 and was limited Ministry of General Administration and the next is Public Service to the constitutional provision until 2013 B.S., when Civil Commission. The PSC provides consultation and recommendation Service Act was implemented for the first time. The mandatory requirement of consultation of the PSC for the recruitment of ♣ Under Secretary ,MOECS - 203 - - 204 - employees getting more than Rs. 4000 was provisioned in the formulating the general principles of Civil Service terms and act. Similarly, for the promotion of employees there was the conditions, recruitment, promotion and punishment guidelines, provision of constituting the Promotion Committee under the changing non Civil Service employees to Civil Service chairmanship of the member of chairperson of the PSC. But changing one service to another. By amending the original these provisions were not implemented effectively. Later on, PSC Procedure Act of 2027 B.S., the Procedural Act of the the government began to make decisions with the advice of the Public Service Commission was redrafted in 2042 B.S. PSC. Likewise, there is provision of the PSC on Article 13 Clause N. 125, 126 and 127. in Nepal's Interim Constitution, 2064. In the Constitution of Kingdom of Nepal, 2015 in Part, Article 37, there was the provision of PSC. In fact that was a remarkable start in 3. Functions, Duties and Powers of Public Service terms of personnel administration in Nepal. But due to the short Commission living of the constitution, several provisions did not come in practice. Law has clarified the functions, duties and rights of the PSC. Similarly, in the Constitution of Nepal, 2019 on Part13, Article 77, The Interim constitution of Nepal, 2063, Public Service there was the provision of the PSC in all the recruitment of Civil Commission (work procedure) Act, 2048, PSC (Work Service positions. The constitution provisioned role of the PSC in all Procedure) Regulation, 2058 have pointed out the functions, recruitments of Civil Service positions. In 2020 B.S., Public Service duties and rights of PSC as mentioned below. Commission (Procedure) Act was introduced on the first time which was changed in 2027 B.S. The second amendment which was done a. Conduct the examination in 2032 B.S. expanded the role of the PSC to the general principles In Article number 126 of the Interim constitution of Nepal, 2064 of personnel administration regarding the subjects like: terms of it is elaborated that the duty of the PSC is to conduct service, recruitment, promotions and punishment of public examination for the selection of suitable candidates to be enterprises. In order to bring institutional efficiency and effectiveness appointed to Civil Service posts. For the purpose of this Article, of the Commission, Public Service Commission Reforms Plan (2030 all services and positions in Nepal government shall be B. S.) was introduced. This envisaged the concept of delegation of deemed included within the Civil Service, except Army officers PSC authority to HMG offices with modernizing the curriculum and and Soldiers, the service and positions of Police Personnel and examination system, reforming the organization and procedures etc. such other services and positions as are excluded from the Administrative Reforms recommended several measures for Civil Service or positions by any law. reforms and institutional development identifying the important role of the Commission. Thereafter, PSC has been very much b. Provide consultation for permanent appointment institutionalized in terms of conducting examinations. Similarly, it Another important function of the commission is to provide established a good credibility as an impartial recruiter. consultation to the government. It is clarified by the constitution about that permanent appointment to any position in the Civil In the Constitution of Kingdom of Nepal, 2047 on Part 13, Service which carries the benefit of pension shall not be made Article 77, there was the provision of the PSC. This had except in consultation with the PSC. provisioned for the PSC mandatory recommendations for employment in all pension holding positions of Civil Service, - 205 - - 206 - c. Provide consultation to the government on the the employees of public enterprise, the PSC can provide different subjects like: consultation to the enterprise. 1. Matters concerning the law relating to the d. Submit the annual report to the Prime Minister conditions of service of the Civil Service; According to the Article N 127 of constitution of Nepal, the PSC 2. The general principles to be followed in the has to submit the annual report on the works it has performed. course of appointment, promotion, and The Prime Minister shall cause such report to be laid before departmental action concerning the Civil Service parliament. Including others, the annual report should cover or positions; the descriptions about the examination conducted for the suitable candidates to be appointed to Civil Service posts, 3. Matters concerning the suitability of any description about the consultation provided to different candidate for appointment to a Civil Service authorities, description about departmental action and position for a period of more than six months; punishment concerning the civil Service positions, description if 4. Matters concerning the suitability of any the consultation is provided regarding the general principles to candidate for transfer or promotion for one be followed in the course of appointment, promotion and service to another within the Civil Service or departmental action concerning the Civil Service positions etc. from any other Government Service to the Civil Similarly, the report should include the description concerning Service; the suggestions for the reforms of Civil Service in future. 5. Matters concerning the permanent transfer or e. Delegate the authority promotion of any employee, working in any According to the provision in constitution, the PCS may position which is not required to consult with the delegate any of its functions, duties and powers to any of its Public Service Commission on matters of members, a committee of such members or any employee of appointment, to any position for which Nepal Government, to be exercised and complied with subject consultation with the PSC is required; and to the specified conditions. 6. Matters relating to departmental action f. Work regarding the supervision proposed against any civil servant. According to the act, the Commission has right to supervise The consultation of the PSC is also needed to the matters of the ministry, secretariat, departments, offices and constitutional general principles to follow in the course of appointment and bodies about whether the procedures regarding the promotion concerning the military service, armed police recruitment, promotion and departmental action are according service, police service and other government service. Likewise, to the law, regulation and directive or not. if any public enterpriser desires to take consultation about the matters concerning the law relating to the conditions of the g. Determine the educational qualification and service, the general principles to be followed in the course of curriculum for examination appointment, promotion and departmental action concerning Article N. 8 of the Act has provided authority to Commission to determine the educational qualification and curriculum for - 207 - - 208 - examinations. But before determining that, the Commission appointed to Civil Service posts is of great importance. By has to make consultation with the concerned ministry and realizing this reality the provision of a powerful and secretariat which conducts the service, group and sub-group of autonomous body is established in constitution. Due to only the the post. The right of deciding about the equivalence of the massive and effective activities of the PSC, the government certificate of educational qualification to the qualification can manage active, efficient and impartial administrative predetermined by Commission remains on the Commission. mechanism. If the responsibility of selecting the suitable candidate to be appointed to Civil Service posts is given to the h. Decide about the irregularity of the appointment government, there may arise the question of impartiality and The right of decision about the irregularity of the appointment is fairness. That is why the PSC is being provisioned on the mentioned on the Article N.13 of the Act. constitution so as to make the selection process apart from the i. Cancel the advertisement of the examination executive. If there is occurred any irregularity, obstacle, disturbance on The PSC has been entrusted with maintaining employment in the examination centre partially or fully while conducting the public service without any discrimination on the basis of examination and the Commission realizes that, the ethnicity, sex, color, race etc conducting examinations for tests examination can not be further continued. Then the of fitness and recommending in all Civil Service recruitment Commission cancels the examination and publishes next and promotions. All of the works of Commission are based on notice. the principle of merit and neutrality. Ii is obvious that the development of the country can not be accelerated unless the j. Conduct the primary examination bureaucracy, who has the responsibility of conducting the Before to advertise for conducting any examination by open whole administrative mechanism, is efficient, honest, capable, competition, the Commission has right to conduct the primary people-oriented and result-oriented. Therefore, it can be examination of any post of any service, group or sub-group. naturally identified that the role of the PSC which has authority of conducting examinations for the selection of suitable Apart from the above, the other functions of the commission candidates to be appointed to Civil Service is indispensable on are to issue directive, provide information, to recommend the country's personnel and public administration. The role of government regarding the appropriateness about the changes the Commission is tremendous to make the personnel on service, group, sub-groups, to study, research and administration strong and efficient by selecting the right person investigate on different subjects concerning Civil Service etc. on right place. The Commission is responsible for employment 4. Role of Public Service Commission on in all pension- holding positions of civil society. Similarly, the Personnel Administration commission has the responsibility of providing consultation to Public administration is considered as an important tool and the government regarding the subjects of formulating the mechanism in any democratic country for the implementation general principle of Civil Service terms and conditions, of law and policies formulated by the leaders of the people. recruitment promotions and punishment guidelines, transfer, The subject of selecting the suitable candidates to be employees from one service to another. The Commission has - 209 - - 210 - also the responsibility on changing non-Civil Service transferred there from other offices. Similarly, the employees to Civil Service, recruitment of temporary employees working on the PSC desire to be transferred employees for more than six months, recommending on to other offices. There is, indeed, a remarkable punishment of civil servants, delegation of authority to regional imbalance between the workload and capability of the and zonal offices for non-gazetted administrative posts and the Commission in the wake of rising number of civil concerned ministries and departments for technical non- servants and the extended coverage. Different factors gazetted posts. are jeopardizing the continuity and institutional development of the Commission as: lack of adequate 5. Problems/Challenges quality staff, low morale and motivation of the PSC Major Challenges/Problems of the Commission are elaborated employees, willingness of the PSC employees to be as follows. transferred as soon as possible, inability to attract the 1. Lack of physical requirements talented staff to join it, lack of proper human resource development within the PSC, lack of career The central office of Public Service Commission, development within the PSC, government intervention located at Kamalpokhari is very old and decayed. in the scope and jurisdiction of the PSC ( promotions of Regional and Zonal Offices of the PSC have not their special class secretaries ). own buildings and are forced to live in rent. Due to the lack of building, the examinations which should be 3. Lack of adequate study and research works conducted at Dhahran and Dipayal are being A lack of research wing in the Secretariat seemed to conducted at and Dhangadi respectively. have handicapped in effort institutionally to address the newer and emerging issues. The PSC, which has greater responsibility and liability towards the 2. Lack of adequate and efficient manpower employees, should give top priority for study and The major responsibility of the Public Service research works. But on the basis of experience and Commission is to select and recommend the evaluation, the Commission has had not improved on employees for the recruitment in different offices and its works and activities as much as needed. It is authorities of Government of Nepal. But the PSC, which obvious that the work of study and research activities recommends the others, is itself suffering from the lack should be done continuously in order to make the work of adequate and efficient manpower. As a result of efficient and dynamic. Since the work of the PSC is which there becomes delay in the regular work of concerned with Civil Service it needs more study and Commission. Although, the PSC is a constitutional research activities. The PSC has not given emphasis body yet all the employees working there belong to Civil and concern regarding the method and effectiveness of Service. There is no provision of additional incentives advertisement of examination. Likewise, it lacks of for the employees of the PSC. They are not interested emphasis and concern about how the curricula could and eager to work there. Employees do not like to be be made contemporary and scientific, how the - 211 - - 212 - examination could be made contemporary, practicable files send by the government offices, PSC make the and scientific. The commission lacks of sufficient same consultation as send by the government. research and studies regarding the effectiveness of the 6. Lack of implementation of suggestions suggested principles in the field of personnel administration. The by the PSC PSC publishes the Civil Service Journal. It was discontinued within several years. But the journal is Each year, PSC has to submit its annual reports of very ineffective in containing standard research output. work done to the Prime Minister. The government sends the report to the parliament for discussion. But 4 Lack of effectiveness on the implementation of the answers concerning about the problems and the laws and regulations matters of the PSC are given by the Minister of General The Public Service Commission is an advisory body administration instead of the PSC. The members of regarding Civil Service principles. In practice, several of parliament can not know about the real information its recommendations concerning the principles of Civil through the Minister because identification and analysis Service are rejected by the government. The annual of problems are known to the members of the PSC. But report of the Commission shows this fact. PSC has the authority of answering the questions of the been a poor guarantor or protector of the Civil Service, members of parliament goes to the Ministry of General evident by the absence of job security among the civil Administration. It is. Of course, not relevant. servants. Obviously, the recommendations and advice 7. Confusion in determining qualification of the Commission have been mostly based on the desire of the government. Very limited cases of the PSC is suffering obstacles to conduct its regular work in Commission's differences of opinion in cases forwarded time due to the confusion raised in determining the by the Government of Nepal are observed in practice. qualification. It is facing additional problems due to the The PSC is doing only formal role on the basis of will of cause of duplicate certificate. There is not similarity in the government. determining qualification. Sometimes this responsibility is given to the ministry, sometimes given to educational 5. Lack of effective role of the PSC on departmental institutions while sometime this is done by the joint action venture of ministry, educational institutions and the In the constitution of Nepal, it is clearly mentioned that PSC. While advertising the post, sometimes it is before to make departmental action to any employee, mentioned as "indicated qualification" or "equal to this". the government should take consultation of the PSC. But the words "equal to this" invite more contradiction. But in practice, we have experienced that the decisions 8. Problems regarding curriculum made by the PSC in this regard are not being implemented effectively. Sometimes complains are The major duty and responsibility of the PSC is to heard about that instead of deep study and research of conduct examination for the selection of suitable candidates to be appointed to Civil Service posts.

- 213 - - 214 - There is necessity of appropriate curriculum according and groups can be promoted within few years. Some to the post to select right man in right place. But there are promoted quickly by changing the service and arise different problems with regard to this as: lack of group. But it is the matter of sorrow to say that some change and reforms in prevailing curriculum according employees are forced to work in the same post until 25, to needs and time, lack of timely preparation of 30 years due to not getting promotion. Similarly, there curriculum of different posts and groups. Some is vast difference or dissimilarity of promotion within curricula are not appropriate and impracticable. The various services, groups and subgroups. Because of curricula are unable to reflect the actual need of the this, there occurs dissimilarity in competition. Due to Civil Service positions. this, employees get frustration and are not motivated towards their job. 9. Lack of coordination between the PSC and Government offices /authorities 11. Examinations lack test of validity and reliability The PSC has its regular program to advertise and Despite of high integrity and impartiality, PSC conduct the examination of any post once in a year. examinations lack test of validity and reliability. The Commission publishes the annual calendar of Examination system is criticized as subjective. Usually, examination mentioning the level, post and month. The written examination is criticized as academic rather responsibility of collecting the vacant posts according to than professional. Without due consideration on the operation of calendar lies on the commission. But it modernization, examinations are usually conducted on is the matter of sorrow to express that sometimes the the traditional manner. Regarding the examination demand of the vacant posts is achieved only after the conducted by regional and zonal offices, there is some expiry of the date of advertisement. This is, of course, doubt in terms of the integrity of impartiality and due to the lack of coordination between the fairness. Sometimes we hear this by reading Commission and Government Offices. As a result of newspapers, reports etc. which the advertisement of that post can not be done 12. Lack of adequate supervision within that year. Due to this reason, about two years are required to fulfill the vacant post from the date of The PSC delegates authority regarding recruitment and advertisement. Thus there occur problems in the promotion. But this has been squarely shown in each regular work of Government Offices. annual report of the commission about that there is an evident lack of adequate supervision and proper 10. Dissimilarity in competition compliance of the PSC guidelines on delegated Government of Nepal has constituted different services, authority regarding recruitment and promotion. ranks, groups, subgroups for the smooth functioning of 13. Problems regarding the inadequacy of budget Civil Service. But there has not been prepared and implemented specific and common policy with regard to Another important issue of the Commission is lack of this. As a result of which employees of some services adequate budget. The Secretariat of the Commission is

- 215 - - 216 - constantly facing this problem. The annual allocation of and capable is PSC, the more positive indication would be the Secretariat has largely been found inadequate to found in personnel and public administration. We have enhance the efficiency. The demand of services from elaborated about challenges/problems of the PSC regarding the clients towards the Commission is increasing. But different subjects and issues. The Commission alone can not the PSC is caught between the resources which are solve all these problems. Especially Nepal government should largely inadequate to maintain even the present level of be fully serious, active and dedicated to solve the problems/ efficiency. challenges. Following suggestions are recommended to solve the problems and make the functions and activities of the 14. Miscellaneous Commission more effective and result- oriented. If the Apart from above, PSC has the following prevailing problems are solved, then the opportunities would challenges/problems come automatically. a. The result of written examination is not published 1. The examinations conducted by the Commission according to the merit list. should be contemporary, practicable and manageable. b. The final result (written+ interview) is not published with Due attention should be paid to make the curriculum score. more practicable, useful, relevant and fruitful at the time of formulation. Similarly the existing curriculum should c. The decisions of Commission regarding the promotion also be made contemporary, relevant and result- of the employees are rejected several times from the oriented by making reforms as needed. Sometimes the court. examination is withheld due the cause of not being d. Matters which should be included in laws and prepared the curricula in time. The Commission should regulations are included in directory. Due to this, such be serious towards this. decisions are rejected by the court. 2. The Commission lacks of physical facilities. The e. The training conducted by the PSC is often ritualistic government should be serious and pay due attention and ineffective in terms of coverage and quality. towards this. The building of zonal and regional offices of the Commission should be constructed f. According to the constitution and law, Government of simultaneously. The Government of Nepal should Nepal has to take the consultation of the PSC on allocate the budget annually for this. The Commission different subjects about Civil Service. But there is should have the proper facilities of computer with nowhere description about the implementation of the software and hardware, printing machines, photocopier, consultation. fax machine, furniture, networking and maintenance, 6. Opportunities/ Suggestions not only at the centre but also for its regional and zonal The role of the Public Service Commission in personnel offices, depending upon their needs. administration is already mentioned. The more strong, efficient

- 217 - - 218 - 3 The PSC should provide consultation to Nepal suggestions achieved from supervision and monitoring Government about the matter relating to departmental should be implemented in practice. action proposed against any civil servant. This is 6. In order to retain neutrality, a stronger role of the Public mentioned in constitution. The subject of consultation Service Commission is desirable in the wake of is, of course, the matter of seriousness. The politicizing of bureaucracy. However, the PSC should Commission should, therefore, be serious while perform the role of a protector and guardian of the Civil providing consultation for departmental action. It should Service. The recommendations given by the treat the same behavior for all the employees in this Commission should be made mandatory rather than regard. The commission should draw attention towards optional for government implementation. that there should not be equal punishment to different errors, more punishment to little error, and little 7. The PSC is not only a constitutional body of conducting punishment to more error. It should not be the rubber the examination but also it has the responsibility of stamp of the government. According to the experience, doing study and research activities regarding Civil the recommendation and advice of the commission are Service. The commission, therefore, has to continue mostly based on the will of the government. There are and strengthen its activities about study and research in very limited cases of the Commission's difference of order to make its responsibility more effective and opinion in cases forwarded by Nepal Government result-oriented. The findings and conclusions made by regarding official punishment etc. Therefore, the the study and research should be implemented in Commission should be committed to decide by its own practice. The government should fully support this. view, theme and reality. More resources should be provided to reform the Commission. Human Resource Development in the 4. The employees do not desire to work in the Commission should be given importance with special Commission which has the overall responsibility of emphasis to career development. In addition to its selecting all the civil employees. The tendency is that advisory role, the Commission should be given some only those employees who can not go outside are corrective, reformative and punitive power. forced to work in the commission. The government should be serious to this issue and should pay due 8. The advertisement of the examination should be made attention to make the high morale of the employees more effective. The publicity of the examination should working in Commission. Additional facilities, foreign and be expanded. Now days, the advertisement of internal trainings, study seminar should be provided to examination is limited to Bulletin and Gorkhapatra. But them so that they might retain there. this should be extended to campus, university and those offices which are basically concerned with public 5. The supervisory and monitoring activities which are relation. Important notices, decisions and statistics being done from the Commission in time to time should should be kept in wave site. be made effective rather than formal. The findings and

- 219 - - 220 - 9. The Commission should be expanded to increase the should be developed including the creation of question coverage in the light of proliferation of bureaucracy. It is bank in the Secretariat. The Secretariat has to improve its essential to expand the size of the PSC in proportion of statistical base, and upgrade its capacity to collect and the size of Civil Service and the number of applicants undertake analytical activities based on the information for jobs. The Commission should be clear and draw its 13. The another important area where some support is attention towards that the role of it is the handling of desirable for the PSC and its Secretariat is grievances and issuing guidelines rather than itself improvement in testing techniques. The PSC is handling examinations for non-gazetted posts, which required to identify the most appropriate testing have been well beyond the capacity of the PSC to techniques, to develop the test for examining the handle on its own. general knowledge and abilities, attitudes towards 10. The constitution of Nepal has clarified the subjects to reform, test of validation and etc. be consulted with the PSC by the government. But the 14. Curriculum development is regarded as one of the consultation is optional rather than compulsion. The critical and vital elements of the PSC functions. The constitution has not defined about whether the prevailing curricula should be reformed according to decisions made without consultation of Commission are needs and time. The curricula should be timely legal or not. Due to this weak part of the constitution, prepared and able to reflect the actual needs of Civil the government has changed the service and group of Service positions. The PSC has been acquiring outside civil employees without consultation of the Commission. experts services to undertake the job of curriculum. But Such confusions and weak parts of the constitution and it is deemed desirable to have in-house familiar with law should be reformed. The consultation of the techniques available and their use. The effects of new Commission to the government should be compulsory curricula should be monitored and evaluated as part of rather than optional. the regular process. 11. The single effort of the PSC to increase its 15. Miscellaneous effectiveness and efficiency is not sufficient. The full attention of the government should be drawn towards Besides mentioned above other suggestions for reforms are this. The consultation of the Commission should be pointed below. followed in practice. On the basis of past experience, a. The selection of chairman and members of the we can say that the government itself has rejected the commission should be based on ability, efficiency and laws and regulations. The government should be qualification. Political factors should not intervene on committed and enthusiast towards the implementation this. of annual report and decisions of the Commission. b. The final result of the examination (interview and 12. The policy-making capacity of the Commission and the written) should be published with score so that the Secretariat should, however, be strengthened. This has to examinee can improve in the future. be accompanied by the capacity of collecting, analyzing, processing and disseminating data. After that, a data bank - 221 - - 222 - c. The employees working in Commission should not be public administration. The government should formulate transferred frequently. and implement the appropriate and effective policies and programs with regard to the development, expansion and d. The institutional capability of the Commission should be utilization of human resources. The working capability of strong. the Commission should be made more strengthening. 7. Conclusion The consultation provided by the Commission should be It is justified clearly from the various reasons about that the made compulsory rather than optional. role of the PSC for conducting the personnel administration is The Commission would be able to play much more effective vital and indispensable. Due to the lack of industrialization and and dynamic role only in the condition where the Secretariat commerce, the country is not able to offer sufficient work is diligent, dedicated, competent and skillful. The opportunities of employment. Most of the educated young suggestions mentioned above can not be undertaken by the people are forced to appear in the examination conducted by single effort of Nepal Government. External support from donor the PSC for joining the Civil Service. That is also the reason of agencies is needed for it. the increasing importance of the PSC. References The PSC is recognized as the centre and belief of 1 Kaphle Narayan Prasad----Various Aspects of Public Nepal's public administration. It is a high level Administration (2062, Marg} constitutional body. The selection criteria of the chairman and members of the Commission should be based on 2. Public Service Commission---Annual Reports of ability, qualification and efficiency of the person. There Different Years (in Nepali) should not be political interference on the appointment. 3. Ministry of Law and Justice---Different Constitutions of Likewise, the attractive provision should be made to the Nepal, Law book Management Committee, Kathmandu employees of the Commission so that they might not be interested to be transferred. Provision of additional 4 Ministry of Law and Justice----Public Service financial and physical arrangements and training for the Commission (Work Procedure) Act and Regulation, employees should be made to make the Commission Law Book Management Committee, Kathmandu more functioning and creative. The role of the PSC 5. Public Service Commission ---Civil Service Journal, vol. should be visualized not in a narrow but in the boarder 25, July 2004 and comprehensive sense. The responsibility and liability of implementing the policy and programs decided by 6. Acharya Madhuraman-----Business of Bureaucracy, politicians and ministers go to the Civil Service which is Second Edition, 2002 also known as " permanent government" But until and 7. Asian Development Bank----Institutional Support for unless the PSC, which has the responsibility of selecting Governance Reform, Nov. 2002 ADBTA N. 3622-NEP Civil Service employees is not efficient, capable and 8. Hulme, Prof. D. and Mr. W. Mc Court-Report on the contemporary, no efficiency, effectiveness and dynamism Identification and Design of A to Support, the Public can be achieved on the country's whole personnel and Service Commission of Nepal - 223 - - 224 -