In the meeting of the standing committee held on January 30, the AL lawmakers charged the present PSC chairman and the members for leaking question papers of BCS examinations to allow the candidates of the alliance government to pass the competitive examinations for government jobs. They also made allegation that Professor Mafuzur Rahman, a member of the PSC, had already declared in his constituency that he would contest the next parliamentary election.

I am not in favour of opposing the salary hike of the chairman and members of the PSC when the government recently raised the salaries of the President, Prime Minister, Speaker, Deputy Speaker, Ministers, State Ministers, Deputy Ministers, and Members of Parliament by almost 50 percent.

We all know about the politicisation of the administration during the last 14 plus years' rule of the BNP and the AL. Even the two constitutional bodies, namely the Election Commission (EC) and the PSC have not been spared from the curse of politicisation. In my article published in The Daily Star on January 21, I made an attempt to explain how, in the absence of an Act of Parliament to regulate the appointments of the Chief Election Commissioner (CEC) and the Election Commissioners (ECs), the succeeding governments appointed persons loyal to them as CEC and ECs. I also tried to explain how the recent appointment of two ECs on political consideration coupled with some other factors has made the political situation in the country highly volatile.

According to the Constitution of Bangladesh, the PSC is responsible: (a) for conducting tests and examinations to select suitable persons for appointment to the service of the republic; (b) for advising the President on any matter on which the commission is consulted or on any matter connected with its functions which is referred to the commission; and (c) such other functions as may be prescribed by law.

Democracy has not only not taken as yet a deep root in Bangladesh, but the confrontational politics of the two major political parties, the BNP and the AL that have been ruling the country in succession for the past 14 plus years, has put the nascent democracy at stake. Such an unhappy situation makes heavy demands on the civil servants for the execution of policies embodied in the existing legislation, formulation of new policy, formulation and execution of development programmes, fiscal management including collection of revenue, management of international relations, wide range of research on commercial and other economic policies etc. Recruitment of brilliant boys and girls in the service of the Republic can help build an efficient civil service to cater to the needs of the country. Here lies the importance for a non-partisan and effective PSC.

Unfortunately, appointment of ruling party sympathisers as chairmen and members of the PSC since the return of parliamentary system of government in the early nineties has influenced recruitment of activists and sympathisers of the ruling party/parties, depriving meritorious candidates. The situation is going from bad to worse. Recent recruitment of 150 or so activists of the Jatiyabadi Chhatra Dal (JCD), the student wing of the ruling BNP, as upazila election officers (UEO) is a case in point. Leaking of question papers of various examinations has become a regular phenomenon. Such mismanagement and partisan activities have led to the loss of public confidence in the neutrality and efficiency of the PSC.

The Constitution of Bangladesh says that provision shall be made by law for establishing one or more PSCs for Bangladesh, each of which shall consist of a chairman and such other members as shall be prescribed by law. The PSC Ordinance LVII of 1977 replaced the PSC Ordinance VIII of 1977 (providing for the establishment of two PSCs) and provided for establishing one PSC and fixing the number of the members of the PSC, including the chairman, between six and fifteen.

Neither the Constitution nor the Ordinance referred to above has prescribed detailed procedure and/or specific qualifications for selection of persons for appointment as chairman and members of the PSC except stating that the chairman and members shall be appointed by the President and not less than one-half of the members shall be persons who have held office for twenty years or more in the service of the government. In the absence of detailed procedure to regulate the appointments of the chairman and members of the PSC, their appointments are at the pleasure of the party in power. As a result, the succeeding governments appointed persons loyal to them as chairmen and members of the PSC.

Now the question is: How to depoliticise the appointments of the chairman and members of the PSC to make this constitutional body really neutral and effective?

In order to find an answer to this question, let me describe the legal provisions and procedures that exist in some countries for selection of persons for appointment as chairman and members of the PSC.

The Constitution of South Africa provides that the PSC shall consist of 14 commissioners appointed by the President. The approval of the President is preceded by the following procedure:

a. Five commissioners approved by the National Assembly on the recommendation of a committee composed of members of all parties represented in the Assembly; and

b. one commissioner from each province approved by the Provincial Legislature on the recommendation of a committee that is proportionally composed of all parties represented in the Legislature.

A commissioner is appointed for a term of five years, which is renewable for one additional term only, and must be a person who is: (a) a South African citizen; and (b) has the knowledge of, or experience in, administration, management or the provision of public services.

An Act of Parliament is to regulate the procedure for the appointment of commissioners.

The National Public Service Commission (NPSC) of Sri Lanka consists of not more than seven members appointed by the President on the recommendation of the Constitutional Council and the President appoints one of the members of the commission to be its chairperson.

A person shall not be appointed or continue as a member of the NPSC if the person is a member of Parliament or of a regional council.

Democracy in Nepal is at stake now. But the 1990 Constitution of Nepal is the product of people's struggle for democracy. The Constitution provides that: (1) There shall be a PSC consisting of a chairman and such number of other members as may be required. (2) His Majesty shall, on the recommendation of the Constitutional Council headed by the Prime Minister and consisting of the Chief Justice, the Speaker of the House of Representatives, the Chairman of the National Assembly, and the Leader of the Opposition in the House of Representatives as members, appoint the chairman and other members of the PSC. (3) At least fifty percent of the total number of the members of the PSC shall be appointed from persons who have worked for ten or more than ten years in any government office, and the rest of the members shall be appointed from persons, who have done research, investigation, teaching or any other significant work in such as like science, art, literature, law or any other sphere of national life and who hold a high reputation.

A person shall be eligible for appointment as the chairman or a member of the PSC if he: (a) holds a post graduate degree from a university recognised by His Majesty's Government;

(b) is not a member of any political party immediately before appointment; and

(c) has attained the age of forty five.

The above references have been made to emphasise the need for adopting legal measures for freeing the PSC of Bangladesh from the influence and interference of the party/parties in power, so that it can discharge its constitutional functions neutrally and effectively.

This may be done by enacting a law that will, inter alia, prescribe specific qualifications for the posts of chairman and members and provide detailed procedure for selection of persons to be appointed chairman and members of the PSC. Instance cited above may be examined by all concerned to see whether the persons approved by Parliament may be appointed chairman or members of the PSC by the President.

To conclude, the need for enacting a law to help appoint competent and non-partisan persons as chairman and members of the PSC for the selection of suitable persons for appointment to the service of the Republic can hardly be over-emphasised. The alliance government, the main opposition AL, and other political parties having representation in Parliament should seriously consider the issue in the greater national interest.

M. Abdul Latif Mondal is a former Secretary to the Government.