Move to destroy FPSC’s independence

ISLAMABAD: The government-opposition decision to appoint the reputed Justice (retd) Rana Bhagwandas as the Chief Election Commissioner (CEC) by amending the FPSC Ordinance 1977 may pave the way for his appointment but will destroy the independence of the Federal Public Service Commission, something which the respected judge had refused to accept in the PPP regime. Any person-specific amendment in the law to appoint Justice (retd) Rana Bhagwandas as the CEC at the cost of compromising the independence of the FPSC is also likely to be struck down by the Supreme Court of Pakistan. Last year, Prime Minister Nawaz Sharif and Opposition Leader Syed Khursheed Shah wanted to appoint Bhagwandas as the NAB chairman but then the retired judge had refused to accept the offer for the reason that he did not want the FPSC law to be amended to pave the way for his appointment. Like any other former member or chairman of the FPSC, Bhagwandas has been barred by the FPSC ordinance for life for any further employment in the government. The Section 5 of the FPSC Ordinance 1977 envisages that on ceasing to hold office, a member (including chairman) shall not be eligible for further employment in the service of Pakistan. The retired justice has already served as the FPSC chairman and completed his tenure a few years back. Senior official sources warn that the proposed amendment in the FPSC ordinance will totally compromise the institution of the FPSC, whose independence and fairness is vital to make key appointments in the government on merit and without any fear and favour. In order to ensure the independence of chairman and members of the FPSC for the purpose of making merit-based appointments, the FPSC Act bars these top bosses of the commission for life from getting any appointment in the service of Pakistan after their retirement from the FPSC. “The basic purpose of this specific provision of law is to save the chairman and members of the commission from being allured by the governments and politicians with offer of lucrative future appointments if they make appointments as per the choices of the rulers,” a source said. Retired secretary Tasneem Noorani when approached said that such a compromise of state institutions for short-term goals should be avoided. He said that a particular clause for barring the FPSC retired chairman and members was included in the law to pre-empt possible temptations. Noorani believed that the proposed amendment in the FPSC law would be like hitting the roots of the institution. “It’s not a good thing in the long run,” he added. Former secretary Establishment Javed Hasan Aly, when approached, said that if the government and the opposition cannot not find anyone else and Justice (retd) Bhagwandas is the only available choice for the office of the CEC, then they have the right to amend the law. Technically, there is nothing wrong in it. He, however, said that hypothetically speaking, it may affect the independence of the FPSC as the retiring chairman and members would seek constitutional positions from the government. The FPSC is the top state institution responsible for key appointments in government departments and agencies, including the civil services of Pakistan. The FPSC chairman is also the chairman of the promotion board that recommends senior level promotions in the civilian set-up. In case the door for future government jobs for former chairmen and members of the FPSC is opened, it would give the governments and rulers an opportunity to get their choice appointments by assuring the FPSC bosses future jobs.But how would Rana Bhagwandas himself explain accepting the job after amendments in the FPSC law now, when he refused to do so in the past, is yet to be seen.