It is no news that the prime minister’s position is the most coveted political position in Nepal since the 1990s. This is true for any parliamentary democracy for that matter. Yet, ironically, the Prime Minister’s Office (PMO), the executive nerve center, has been the least desired posting for civil servants. Some former bureaucrats even describe it as a ‘dumping ground’ for the undesirables. “In our system of governance, the prime minister is the most powerful person, ultimately accountable for all the successes and failures of the government,” says Bhoj Raj Pokhrel, former Chief Election Commissioner who has also served in the capacity of Chief Secretary. “But since the 1990s, successive prime ministers have been unable to exercise their authority and were often held hostage by influential ministers.”
This seems to be changing with the cabinet’s endorsement of new Business Rules for the executive last month. Close on the heels of federal restructuring, the PMO is undergoing a major overhaul—the first of its kind in its modern history—giving it broad powers designed to place it at the center of a “command and control” structure. While the details of the restructuring are still patchy, a broad outline being discussed suggests an expansive list of authority vested in the PMO.
The key principles guiding these reforms revolve around the idea of giving the PMO the ability to monitor and supervise the governance processes, and to set up a system of rewards and punishments as and when necessary, says Bishnu Rimal, Prime Minister KP Sharma Oli’s Chief Political Adviser. “It is designed to make the PMO a center of excellence.”
These plans for reform didn’t come about overnight though. They had been discussed during Oli’s first stint as prime minister in 2015-16. “Back then time was so short that we weren’t able to work on it,” says Rimal. “But this time we had couple of months between the elections and the formation of the new government.”
Prime Minister Oli’s previous experience in government appears to have convinced him of the need to revamp the system to clear the many governance bottlenecks. “PM Oli and the left alliance ran on the platform of political stability, prosperity and good governance. Now that their agenda has been endorsed by the voters, they clearly understand that the road to prosperity passes through good governance,” says Pokhrel.
National security
There are several broad strands of reform under discussion. First among them is revamping the largely symbolic National Security Council (NSC) and empowering it as some other countries. The position of a National Security Adviser (NSA) is to be created—combining both security and foreign affairs roles, according to officials. To support the NSC and the NSA, the National Investigation Department (NID), which was under the Ministry of Home Affairs, has now been brought under the PMO to augment intelligence gathering on internal and external security threat, economic crimes and corruption under the federal structure. Similar reform had been recommended by a recent study of the Nepal Institute for Policy Studies, a think-tank.
“The NSC is necessary in a federal setup and should be headed by a competent authority,” says Geja Sharma Wagle, a security expert, who was involved in the study. “Under past governments, the NID had become a political recruitment center.”
Attempts to create a counter-intelligence unit under the PMO have been under discussion for several years but given the short stints of successive governments, there has been no tangible action until now.
Governance
The second aspect of the restructuring is motived by the desire to maintain strict vigilance over governance processes, including corruption and financial crime, while checking instances of constitutional bodies overstepping their mandates: Lok Man Singh Karki’s unruly tenure as the head of the CIAA, the constitutional anti-graft body, being the quintessential case in point, as UML leaders point out. The CIAA under Karki had become highly intrusive and had created a fear psychology among civil servants and politicians alike that in turn contributed to governance paralysis. This, UML leaders say, is the rationale for bringing the Department of Revenue Investigation (DRI), the Department of Money Laundering Investigation (DMLRI) and the Social Welfare Council within the PMO’s purview.
“Controlling corruption is not the CIAA’s job, it is rather the prime minister’s job,” tweets Rabindra Adhikari, CPN-UML lawmaker and former chair of the parliament’s Development Committee. “The CIAA steps in only when the PM is unable [to control corruption].” UML leaders argue that the prime minister has to have the right information to check corruption, which is what the remodeled PMO enables. Moreover, say UML leaders, these institutions will have a lot of autonomy and power under the PMO.
While bringing these bodies under the PMO is a good step, that alone is inadequate, says former administrator Pokhrel. “Effective and independent functioning of these institutions calls for an enabling environment and strong leadership.”
Federalism concerns
Some worry that a strong PMO may also go against the idea of federalism where power is shared and not concentrated. As Nepal is in its formative years of implementing a federal system, there are inherent risks of setting precedents where provinces do not assert their authority, partly because there is weak leadership in the provinces and a strong one at the center, and partly because six out of the seven provinces have government led by the ruling left alliance (all seven if Samajwadi Forum and RJPN join the government). In the case of the six chief ministers, they may be reluctant to challenge their own party’s prime minister if he seeks to weaken the provinces, the argument goes.
But others say that a strong prime minister is essential to honor the constitutional spirit of federalism. Given the clear devolution of power in the constitution where provincial and local governments are in charge of sub-national bodies, empowering provincial governments should be in line with the center’s agenda of shared prosperity, they argue.
“In principle, strengthening the PMO is a good thing. The only question is of intent,” says Wagle, the security expert. There are some who already question the government’s intent—pointing at the move to bring the Social Welfare Council under the PMO. They fear that the council could be used to deny donor funding to civil society groups that are critical of the government.
The prime minister’s top political adviser argues that the Oli government is doing what all other governments wanted to do but could not—and that there is no reason to fear a power grab. These reforms will be underpinned by recommendations of experts in the think-tank wing of the PMO, according to Rimal. “There will not only be party affiliated intellectuals, but also experts who offer critical viewpoints.”
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