NC pulls up political appointees
12 January, 2009 – The National Council resolved that the appointment of the four DPT party workers in the cabinet secretariat was unconstitutional and violated the civil service recruitment rules. Council members said that, although the number was seemingly insignificant, the appointees could set a trend that could politicise the bureaucracy and affect civil service morale in future.
An NC member said that, breaking RCSC recruitment rules, the contract appointments were done directly, without announcements of job vacancies, no competition and no selection procedure. “Appointments were made solely on political affiliation and not merit, which, if allowed, could allow for promotions and transfers to be based on “connections,” said a member.
The Council also argued that the civil service code for conduct and ethics was violated since contract employees had to be ‘apolitical, nonpartisan and not engage in proselytisation”. MPs were unanimous that, unless the four resigned from their party, their political affiliation alone makes them ineligible for recruitment into the civil service.
“The laws passed by parliament, including the Constitution and the civil service bill, advocate an apolitical civil service and so it’s illegal to appoint political party members into the bureaucracy,” said a MP.
MPs, using the example of the British civil service, said that such appointments could lead to an ‘erosion of the apolitical character of the civil service’. “This could happen here in Bhutan too.”
MPs, however, pointed out that bureaucrats should not become so independent of their political masters that it becomes difficult to control them in implementing policies of the government. “To ensure a balance, the prime minister was given substantial powers in the appointment of key positions like cabinet secretary, secretaries to the government and dzongdags among others.”
They said that the greatest challenge for a country moving towards democracy was development of an apolitical civil service, which was also needed as a defense against corruption.
The prime minister Lyonchhoen Jigme Y Thinley said that he respects the views of the NC, which is their right regardless of it being right or wrong.
However, constitutional experts disagree on some of the NC’s reasoning. “The appointment to the prime minister’s office was constitutional, since the ruling government had a prerogative to appoint an independent candidates from its own party as they represented the will of the people to rule them,” said an expert.
“If all the appointments rest with RCSC, then the bureaucrats can take over power, thereby weakening the government,” said the expert.
Another legal expert on the constitution saidNC members lack knowledge on their constitutional mandate. “Article 11 section 2 says that their function, besides legislative, is a house of review on matters affecting the security and sovereignty of the country … have the four appointees affected the security or was it against the interest of the people?” he asked.
But NC could argue that political appointment is a matter of concern in the interest of the people and the nation. The House voted to send the proposal to His Majesty the King for advice.
By Tenzing Lamsang (Kuenselonline)