Introduction Formation

Introduction

With the establishment of democracy in the country in 2007 BS, the Public Service Commission was established on 1 Asar 2008 BS (correspondingly 15 June 1951 AD) with the aim of appointing civil servants from a separate and independent body. Since its establishment, this commission has been working to select suitable candidates for civil service posts. The Constitution of Nepal has provided that the Public Service Commission shall conduct the written examination for filling up the posts in the Civil Service, Nepal Army, Nepal Police, Armed Police Force, Nepal and other federal government services. Part 23 of the Constitution of Nepal has made provisions regarding the Public Service Commission.

Formation

According to the provision regarding the formation of the Public Service Commission in Clause (1) of Article 242 of Part 23 of the Constitution of Nepal, there is a provision that the Commission shall have a Chairperson and four other members. The President shall appoint the Chairperson and members of the Public Service Commission on the recommendation of the Constitutional Council, and while making such appointments, at least fifty percent of the members of the Commission shall be appointed from among those who have been in any government service for a period of twenty years or more, and the remaining members shall be appointed from among those who have achieved fame through research, investigation, teaching or any other important work in science, technology, art, literature, law, public administration, sociology or other fields of national life. Before such appointments are made, there shall be a parliamentary hearing through a fifteen-member joint committee consisting of members of both houses of the Federal Parliament as per the federal law.

While there is a provision in the constitution to have only five office bearers including the Chairperson, since there were more office bearers working in the Commission before the enactment of this constitution, provision has been made under Article 301 (3) of the Constitution of Nepal to continue the appointment of the existing seven office bearers.

Introduction

With the establishment of democracy in the country in 2007 BS, with the objective of appointing civil servants from a separate and independent body, the Civil Service Commission was established in 2007 BS. The Public Service Commission was established on 1 Asar 2008 (corresponding to 15 June 1951 AD). Since its establishment, this commission has been working to select suitable candidates for civil service posts. The Constitution of Nepal has provided that the Public Service Commission shall conduct the written examination for filling up the posts in the Civil Service, Nepal Army, Nepal Police, Armed Police Force, Nepal and other federal government services. Part 23 of the Constitution of Nepal has made provisions regarding the Public Service Commission.

Formation

According to the provision regarding the formation of the Public Service Commission in clause (1) of Article 242 of Part 23 of the Constitution of Nepal, there is a provision that the Commission shall consist of a Chairperson and four other members. The President shall appoint the Chairperson and members of the Public Service Commission on the recommendation of the Constitutional Council, and in making such appointments, at least fifty percent of the members of the Commission shall be appointed from among those who have been in government service for twenty years or more, and the remaining members shall be appointed from among those who have achieved fame through research, investigation, teaching or any other important work in science, technology, art, literature, law, public administration, sociology or other fields of national life. Before such appointments are made, a parliamentary hearing shall be held through a fifteen-member joint committee consisting of members of both houses of the Federal Parliament in accordance with federal law.

While the provisions of the Constitution provide for only five office bearers, including the Chairperson, as per the provisions of the Constitution, since a greater number of office bearers were working in the Commission before the commencement of this Constitution, provision has been made for the continuation of the appointment of the seven existing office bearers under Article 301 (3) of the Constitution of Nepal.

Functions, Duties and Powers

Article 243 of the Constitution of Nepal provides that it shall be the duty of the Public Service Commission to conduct examinations to select suitable candidates for appointment to civil service posts. The same article clarifies that “civil service post” means a post of an employee of the Army, Nepal Police, Armed Police Force, Nepal, and all other services of the Government of Nepal, except for the posts of other services specified in the Act as not being civil service posts.

Similarly, there is a provision that the Public Service Commission shall be responsible for conducting written examinations for filling posts in the Nepal Army, Nepal Police, Armed Police Force, Nepal, other federal government services and organized organizations, except for civil service posts.

In addition to the aforementioned duties and responsibilities, there is a provision to consult the Public Service Commission on the following matters:

On the general principles to be adopted while promoting to posts in the Nepal Army, Nepal Police, Armed Police Force, Nepal and other federal government services;

On the law relating to the conditions of service of employees of any organized organization and the general principles to be adopted while promoting to such service posts and taking departmental action;

On the law relating to the conditions of federal civil service;

On the principles to be followed in making appointments, promotions and departmental action in the Federal Civil Service or in positions;

On the suitability of candidates for appointments to positions in the Federal Civil Service for a period exceeding six months;

On transfer or promotion from one type of Federal Civil Service position to another type of Federal Civil Service position or from other government services to the Federal Civil Service or from a provincial civil service position to a federal civil service position or from a federal civil service position to a provincial civil service position