Auditor General and Public Service Commission: Appointment, Tenure, and Functions
Exam Snapshot
The Auditor General (Part 22) and the Public Service Commission (Part 23) are two primary constitutional pillars designed to maintain fiscal accountability and meritocracy in Nepal. Candidates must master their appointment procedures, qualifications, 6-year tenure limits, and distinct constitutional functions for the competitive exams.
Core Concept
- Appointment: The President appoints the Auditor General (AG) and the Chairperson and members of the Public Service Commission (PSC) on the recommendation of the Constitutional Council (Article 284).
- Tenure: Both offices carry a term of 6 years from the date of appointment.
- Age Limit: The office is vacated upon reaching the age of 65 years, resignation in writing to the President, death, or removal via impeachment.
- Re-appointment Restriction: The Auditor General and the Chairperson of the PSC are not eligible for re-appointment to any other government service, except to another constitutional position (subject to restrictions).
- Key Qualifications (Auditor General): Must hold a Bachelor's degree (though practically specialized) in commerce, accounts, or management with at least 15 years of experience, or have worked in the field of audit.
- Key Qualifications (PSC Members): Must hold a Master's degree. At least 50% of the members must have worked for 20 years or more in government service, and the remaining members must have experience in science, technology, art, or literature.
Nepal Law Anchors
- Article 240: Office and Appointment of the Auditor General
- Article 241: Functions, Duties, and Powers of the Auditor General
- Article 242: Constitution and Appointment of the Public Service Commission
- Article 243: Functions, Duties, and Powers of the Public Service Commission
- Article 244: Provisions relating to Provincial Public Service Commission (PPSC)
- Article 101: Impeachment (Grounds for removal of AG and PSC members)
Confusable Terms
| Feature | Auditor General (AG) | Public Service Commission (PSC) |
|---|---|---|
| Constitutional Location | Part 22 (Articles 240-241) | Part 23 (Articles 242-244) |
| Composition | Single-member authority (Only the AG) | Multi-member body (Chairperson + other members) |
| Primary Mandate | Financial auditing and fiscal discipline | Merit-based human resource recruitment for public services |
| Jurisdiction over Security Forces | Audits the accounts of Nepal Army/Police | Conducts written exams for recruitment in Army/Police |
MCQ Traps
- The "Government Share" Trap: The AG does not audit all corporate entities. The entity must be a corporate body in which the Government of Nepal holds more than 50% of the shares or assets.
- The PSC Consultation Trap: Public bodies (like corporate entities, universities, and security forces) must consult the PSC on general principles of recruitment and promotion. While the PSC conducts the actual examinations, the administrative control remains with the respective entity.
- The Age Trap: Do not confuse the 6-year tenure with the 65-year age limit. If an individual is appointed at age 61, they must retire at age 65 (serving only 4 years), not completing the full 6-year term.
Example
If the federal government intends to amend the rules governing the pension or transfer policy of the civil service, it cannot bypass the PSC. Under Article 243(3), the government must consult the PSC. If the government implements such policies without consulting the Commission, the decision can be challenged in court as a procedural violation of the Constitution.
Memory Hook
Rule of 6: Both AG and PSC share the "Double 6" formula: 6-year tenure and 65-year age limit for retirement.
Quick Revision
- Who recommends? Constitutional Council.
- Who appoints? President.
- What is the term? 6 years (or retirement at 65).
- How are they removed? Impeachment under Article 101.
- AG Audits: Accounts of Federal, Provincial, and Local levels, plus bodies with >50% government ownership.
- PSC Mandate: Conducts exams for civil service and security forces; must be consulted on service conditions and disciplinary actions.