Jurisdictions and Policy Provisions for Government Services in Nepal
Introduction
Government services in Nepal are organizational mechanisms formed by the state to manage governance, deliver public services, and drive development. These include civil services, military, police, teachers, and other public administration entities funded by the state and dedicated to serving the nation and its citizens. In Nepal’s federal structure, government services operate at federal, provincial, and local levels, guided by constitutional and legal frameworks to ensure efficiency, neutrality, and public welfare.
Example: In 2025, the federal government launched a digital service portal to streamline public access to services like passport issuance, coordinated across federal, provincial, and local levels.
Characteristics of Government Services
- Regularity: Operations, procedures, conditions, benefits, jurisdictions, responsibilities, and accountability are clearly defined by law.
- Political Neutrality: Services remain impartial, unaffiliated with political parties, and uninvolved in politics.
- Merit-Based System: Recruitment and career progression are based on merit.
- Commitment to Policy and Government: Dedicated to implementing government decisions and public policies.
- Impartiality and Equality: Treats employees and citizens equitably.
- Leadership in Service and Development: Drives public service delivery and development management.
- Public Interest and Dedication: Focused on citizen welfare.
- State-Funded: Operates using public resources.
- Job Security and Stability: Ensures stable employment for civil servants.
- Permanent Government Arm: Acts as the operational arm of the state.
- Structured per Governance Framework: Aligned with federal, provincial, and local structures.
- Specialization and Professionalism: Organized into specialized service groups.
Common Policy Provisions for Government Services Across All Levels
Constitutional Provisions
- Promote a clean, competent, impartial, transparent, corruption-free, accountable, and participatory public administration (Article 51).
- Foster cooperative and harmonious relations among federal units through administrative collaboration (Article 51).
- Establish government services as per legal provisions (Article 285).
Fifteenth Periodic Plan (2076–2081 BS)
- Strengthen public services for efficiency and transparency.
- Make public institutions transparent, accountable, ethical, and tech-friendly to enhance public trust.
- Develop a federalized, capable, citizen-oriented, and professional public administration.
- Ensure civil servants are result-oriented and accountable.
Other Provisions
- Fill positions through competitive exams based on open and inclusive principles.
- Classify services into groups and subgroups based on work nature for specialization.
- Reflect values like public interest, integrity, and citizen service in operations.
Federal Government Service Provisions
Constitutional Provisions
- The federal government may establish and operate federal civil services and other services as needed (Article 285).
- Appointments to federal services are based on open and inclusive competitive exams (Article 285).
- The Public Service Commission (PSC) conducts written exams for civil services, military, police, and other federal services (Article 243).
- PSC conducts exams for institutions with ≥50% government ownership (Article 243).
- PSC consultation is mandatory for promotions in military, police, and other federal services (Article 243).
- No permanent appointments to pensionable posts without PSC consultation (Article 243).
- PSC consultation is required for transfers or promotions across federal services or between federal and provincial services (Article 243).
- Military, police, armed police, and national investigation services operate under federal jurisdiction (Article 268).
Legal Provisions
- Strengthen civil, health, and parliamentary services to be competent, accountable, and service-oriented (Civil Service Act, 2049; Health Service Act, 2053; Federal Parliament Secretariat Act, 2064).
- Define service formation, operations, and conditions through law.
- Ensure people-centric, accountable, transparent, and inclusive administration (Good Governance Act, 2064).
- Develop administrative mechanisms as service providers and facilitators.
Example: In 2024, the PSC streamlined federal civil service recruitment, incorporating digital exams to enhance transparency and inclusivity.
Provincial Government Service Provisions
- Provincial Councils of Ministers may establish and operate services as per law (Article 285).
- Provincial Public Service Commissions (PPSC) are formed under provincial law, with federal Parliament setting standards (Article 244).
- Provincial police operations are regulated by federal law (Article 268).
- The federal government facilitates provincial service delivery through staff adjustments (Article 302).
- Local-level staff and office management are governed by provincial law.
- Provinces follow federal directives on national or inter-provincial matters.
- Provincial policies align with federal laws.
- Chief Secretaries and provincial secretaries are federal civil service posts, appointed by the federal government (Staff Adjustment Act, 2075).
Local Government Service Provisions
Constitutional Provisions
- Rural and municipal executives may establish and operate services as per law (Article 285(3)).
- Local services fall under Schedule 8 jurisdiction.
- Staff and office management are governed by provincial law (Article 227).
- The federal government ensures service delivery until local services are established (Article 302).
Local Government Operation Act, 2074
- Ensure participatory, accountable, and transparent service delivery (Preamble).
- Approve staff positions through assemblies (Section 83).
- Conduct organizational surveys for structure and staffing.
- Propose staffing based on financial analysis (Section 83).
- Hire support staff, drivers, and municipal police on contract basis (Section 83).
- Chief Administrative Officers are appointed per law or by federal government until local provisions exist (Section 84).
- Service formation and conditions follow federal and local laws (Section 86).
- Permanent positions are filled via PPSC recommendations.
- Adopt a tiered system for service management (Section 90).
Example: In 2025, a rural municipality in Karnali Province used a provincial law to establish a local health service, improving access to primary care.
Jurisdictions of Government Services
Federal Jurisdiction (Schedules 5, 7, 9)
- Federal civil, judicial, health, and parliamentary services.
- Military, police, armed police, and national investigation services.
- Supreme Court, high courts, district courts, and judicial systems.
- Services in institutions with ≥50% government ownership.
- Central universities, academies, and libraries.
- Formulate laws for inter-level coordination and service standards.
- Conduct final audits for all levels (Article 241).
- Regulate provincial judicial service commissions (Article 156).
- Set standards for PPSCs (Article 244).
Provincial Jurisdiction (Schedules 6, 7, 9)
- Provincial civil, health, and parliamentary services.
- Provincial police and investigation bureaus.
- PPSCs for recruitment.
- Legislate local service operations.
- Services for provincial powers under Schedule 6 and shared powers (Schedules 7, 9).
Local Jurisdiction (Local Government Operation Act, 2074, Section 11)
- Formulate policies, standards, and plans for local services.
- Manage adjusted staff and coordination (Article 302).
- Develop organizational structures and staffing plans.
- Promote ICT in service management.
- Support staff career development.
| Level | Key Services | Legal Framework |
|---|---|---|
| Federal | Civil, Military, Police, Health, Parliament | Constitution (Articles 243, 268, 285), Civil Service Act, Good Governance Act |
| Provincial | Civil, Police, Health, Parliament | Constitution (Articles 244, 268, 302), Provincial Laws |
| Local | Local Civil, Health, Municipal Police | Local Government Operation Act, 2074; Provincial Laws |
Challenges in Government Service Operations
- Delayed formulation of policies and laws for provincial and local services.
- Slow enactment of federal laws for inter-level coordination (Article 235).
- Uncertainty in managing shared powers due to delayed legislation.
- Absence of Federal Civil Service Act, hindering provincial and local law-making.
- Lack of sensitivity and urgency in adhering to constitutional and legal provisions.
- Inconsistent service operation frameworks across levels.
- Insufficient coordination and collaboration among federal, provincial, and local services.
- Delays in provincial laws for local service operations.
- Inability to integrate service policies for effective implementation.
- Lack of resources and capacity at local levels.
- Shortage of staff for local service delivery.
- Barriers to service specialization due to legal gaps.
Example: In 2023, delays in enacting the Federal Civil Service Act caused confusion in provincial staff adjustments, impacting service delivery in remote areas.
Recommendations for Improvement
Recommendations:
- Expedite policy and law formulation for provincial and local services.
- Enact coordination laws under Article 235 promptly.
- Legislate shared powers to clarify service operations.
- Pass the Federal Civil Service Act to enable provincial and local laws.
- Enhance adherence to constitutional and legal provisions.
- Standardize service operation frameworks across levels.
- Strengthen inter-level coordination through digital platforms.
- Accelerate provincial legislation for local services.
- Develop a unified policy document for service operations.
- Prioritize resource and capacity development for local levels.
- Address staff shortages through efficient recruitment and training.
- Leverage ICT for service specialization and efficiency.
Administrative Operation Principles (Good Governance Act, 2064)
- National and public interest.
- Equity and inclusivity.
- Rule of law.
- Human rights protection.
- Transparency, objectivity, accountability, and integrity.
- Economic discipline and corruption-free administration.
- Neutral and impartial mechanisms.
- Public access to administrative decisions.
- Decentralization and delegation.
- Public participation and optimal use of local resources.
Policy Priorities of the Federal Government (Good Governance Act, 2064)
- Economic liberalization.
- Poverty alleviation.
- Social justice.
- Sustainable resource management.
- Women’s empowerment and gender justice.
- Environmental protection.
- Upliftment of marginalized communities.
- Development of remote areas and balanced regional growth.
Note: Provincial and local governments align their policies with these federal priorities, implementing relevant programs and projects.
Comparative Insights
Nepal’s federal service framework is similar to India’s, where the Union Public Service Commission oversees federal recruitment, but Nepal’s decentralized PPSCs and local autonomy provide greater flexibility. Unlike Canada’s centralized service model, Nepal’s tiered system faces coordination challenges, necessitating stronger digital integration.
Conclusion
Nepal’s government services at federal, provincial, and local levels are critical for governance and public welfare, guided by constitutional and legal provisions. As of 2025, addressing delays in legislation, enhancing coordination, and leveraging digital tools will strengthen service delivery, ensuring a transparent, inclusive, and efficient administration.
References
- Constitution of Nepal, 2072 BS (2015)
- Civil Service Act, 2049 BS (1993)
- Health Service Act, 2053 BS (1997)
- Good Governance Act, 2064 BS (2008)
- Local Government Operation Act, 2074 BS (2017)
- Staff Adjustment Act, 2075 BS (2018)
- Fifteenth Periodic Plan (2076–2081 BS)