Article 242: Public Service Commission

1) There shall be a Public Service Commission of Nepal, consisting of the Chairperson and four other Members.

2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and Members.

3) At least fifty per cent of the total number of Members of the Public Service Commission shall be appointed from amongst the persons who have worked for twenty or more years in any government service. The rest of the Members shall be appointed from amongst the persons who hold a reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or any other sphere of national life.

4) The term of office of the Chairperson and Members of the Public Service Commission shall be six years from the date of appointment.

5) The Chairperson and Members appointed under clause (2) shall not be eligible for reappointment.

Provided that a Member may be appointed to the office of Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.

6) Notwithstanding anything contained in clause (4), the office of the Chairperson or a Member of the Public Service Commission shall be vacant in any of the following circumstances:

(a) If he or she tenders resignation in writing to the President,

(b) If he or she attains the age of sixty-five years,

(c) If a motion of impeachment is passed against him or her under Article 101,

(d) If he or she is removed from office by the President on the recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness,

(e) If he or she dies.

7) A person shall be eligible to be appointed as the Chairperson or a member of the Public Service Commission if he or she possesses the following qualifications:

(a) Holding a master’s degree from a recognised university,

(b) Not being a member of any political party at the time of appointment,

(c) Having attained the age of forty-five years, and

(d) Being of high moral character.

8) The remuneration and other conditions of service of the Chairperson and the members of the Public Service Commission shall be as provided for in the Federal law. The remuneration and conditions of service of the Chairperson and the Members of the Public Service Commission shall not, so long as they hold office, be altered to their disadvantage.

Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarray.

9) A person once appointed as the Chairperson and the members of the Public Service Commission shall not be eligible for appointment in any other government service.

Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.