KATHMANDU, Dec 4: The government has introduced significant changes to the draft of the Nepal Police and Armed Police Act, which has raised concerns about potential political interference. The draft, aimed at replacing the outdated 2012 BS Nepal Police Act and the 2058 BS Armed Police Act, includes controversial provisions for appointing the Inspector General of Police (IGP) that may allow political manipulation.
Under the new provision, when appointing the IGP, three candidates must be recommended for the Nepal Police, while two candidates must be recommended for the Armed Police. The draft also includes a provision for the committee responsible for selecting the IGP, which will be headed by the Home Secretary, with the Secretary of the Prime Minister's Office (PMO) and the IGP serving as members.
The Public Service Commission (PSC) and both police organizations have raised objections to these provisions, expressing concerns that they could pave the way for political influence in the selection process. The Commission has suggested revision of the draft, but it has already been sent to the Office of the Prime Minister and Council of Ministers (OPMCM) for further review.
Both police organizations had proposed that the chairman of the PSC, or a member designated by the chairman, should serve as the coordinator for the appointment of the IGP. However, the Ministry of Home Affairs (MoHA) disregarded this suggestion and sent the proposal with the secretary of the PMO as a member, under the coordination of the Home Secretary.
The draft bill to amend and unify the laws governing the Nepal Police and the Armed Police Force has now reached the PMO. Currently, both the Nepal Police and the Armed Police Force operate under the Acts established in 2012 and 2058 BS respectively. The government plans to amend both Acts to introduce provisions related to service and conditions.
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Security officials have expressed concern as the government prepares to pass the draft from the Council of Ministers and submit it as a bill in the upcoming federal parliament session.
“The draft includes a provision to establish a recommendation committee under the chairmanship of the Secretary of the MoHA for the appointment of both Inspectors General of Police (IGPs). Both the Public Service Commission and the Police Organization disagree with this,” said a senior official from the Ministry of Home Affairs.
Stakeholders have suggested that seniority should be given top priority for the appointment of the Inspector General. However, both police organizations have proposed that performance evaluation should take precedence instead. In both provisions, the MoHA has allowed political parties to influence security agencies through arbitrary decisions.
The committee, which includes the Home Secretary as chairman, the Secretary of the Prime Minister’s Office as a member, and the retiring Inspector General as member secretary, will recommend two possible names for the IGP of the Armed Police Force and three for the Nepal Police. These names will be submitted to the Council of Ministers, and among them, the person deemed "suitable" will be appointed as the Inspector General, according to security officials. They also noted that the Public Service Commission has raised concerns about the impartiality of a decision made by a committee headed by a home secretary for recommending the IGP.
Similarly, the ministry has completely manipulated another important provision, attempting to play a leadership role in the security organization. Former DIG of Nepal Police Hemanta Malla said that the ministry is trying to increase political influence over the Nepal Police and Armed Police Force by introducing provisions that are not seen in the security sector worldwide.
The Home Ministry has proposed that the tenure of the IGP and Additional Inspector General (AIG) will be the same, set at three years. However, the Public Service Commission and both police organizations have objected to this. They argued that it would be inappropriate to have the same tenure for both positions and suggested that the IGP should have a three-year term, while the AIG should serve a four-year term.
The PSC proposed that the tenure of the DIG should be five years, the SSP eight years, and the SP ten years but the Home Ministry is yet to agree to it. Police officers, however, objected to the Home Ministry’s provision, stating that it was neither appropriate nor legally sound from the perspectives of career development, leadership growth, and the selection process for immediate and long-term service. They argued that the terms of office for the IGP, AIG, and DIG should be three, four, and five years, respectively.
Security officials had also urged Home Minister Ramesh Lekhak to maintain the existing provisions, arguing that it was neither scientific nor legal to have the same tenure for lower and higher posts in the same category. However, Minister Lekhak rejected their proposal.
Both police organizations have strongly objected to the government's suggestion that the decision on the IG's appointment should be made before the incumbent retires. The officials fear that this could lead to manipulation, unhealthy competition, and a negative impact on the chain of command and the overall functioning of the organization.
A key suggestion from police officials is to form a three-member recommendation committee for the IGP appointment, comprising the Chairman of the Public Service Commission (PSC), the Home Secretary, and the incumbent IGP. This structure is seen as a way to preserve the integrity of the security organization, particularly given the IGP's special status as the head of the security forces.
Former DIG Hemanta Malla of Nepal Police has expressed concerns that the government's draft of the new law could lead to political manipulation, ultimately weakening the organization rather than strengthening it. He highlighted that provisions such as the appointment of the IGP and the three-year tenure for the AIG would make the security organization more vulnerable to political influence, shifting its focus towards leader-oriented management.
The draft also proposes revised retirement ages and service periods. Police constables and police head constables will retire after 16 years, assistant sub-inspectors after 18 years, and inspectors and those above inspectors will retire after 20 years. The age limit for the IGP will be set at 60 years, for AIG and DIG at 59 years, for SSP and SP at 58 years, and for DSP and Inspector at 57 years. Additionally, the minimum age for joining the Police Inspector position has been raised from 25 to 27 years.
