The way the government has moved one bill and draft one after the other, it has to be said that it is going to destroy the established system rather than creating something new. The government has drafted a law that allows the officers of the National Investigation Department to listen to and record any person's calls, messages or any other conversation without a court order, and the government is trying to recruit employees of such agencies on the basis of merit.

The draft Bill on National Investigation Department (Intelligence) seeks to prohibit competition in state opportunities while curtailing citizens' right to privacy. If the law is made according to the draft prepared by the government, the rights of citizens to be selected through competition in government services will be narrowed. Likewise, the order of the Supreme Court and the spirit of the Constitution are also violated. Mainly the performance and credibility of the research department will be further damaged. 

Article 19 of the draft bill related to the National Research Department (Intelligence) states that 50 percent open competition and 50 percent cover (non-competitive) recruitment will be held for unranked staff and junior positions. Similarly, the government aims to recruit 20 percent of the Assistant Inspectors (ASI) on a permanent basis.

Until the promulgation of the constitution, 40 percent of the recruitment at the jawan, asai and inspector level was done through covert (secret/opaque) and 60 percent through open competition. Covert appointments were criticized for having the influence of those with access to power and financial manipulation. After the promulgation of the constitution, the recruitment of permanent employees in 'covert' was stopped. This made the appointment lawful. But now a draft law has been prepared to open the way for arbitrary appointments. 

Any citizen has the right to be selected for the appointment in the state agency after confirming his superiority through competition. The provisions of the constitution and the practice in recent years are also the same. It is a transparent exercise as the prescribed qualification and examination system for open competition is made public in advance. Good governance is an indispensable condition for a democratic and legal state. But the government is going to repeat the same old system of appointment in Tajbiji without taking into account even such a common belief. By looking at the past of the

department and the appointments being made in other institutions where political appointments can be made, it is easy to say what kind of people are appointed by the governing parties. The image of the institutions full of political appointees, the performance of those institutions and the level of trust among the common people has gone down more and more. As a result, those who disagree with the political system are gaining strength. In such a perspective, it would be relevant to make the appointment process more qualitative. The government has gone in the opposite direction.

Before deciding what the process of appointment will be, it is necessary to remember the path set by the order of the Supreme Court, the meaning of the constitution and the procedures of the public service. In a petition filed by Yagyamani Neupane of Taplejung against arbitrary recruitment in the department and the intention to hide information, the bench of then Chief Justice Kalyan Shrestha and Justice Vaidyanath Upadhyaya ordered the recruitment of employees only from the public service in Baisakh 2070.

Article 243 of the Constitution of Nepal, which was released two years later, covers the work, duties and powers of the Public Service Commission. In the said article, it is said that the permanent appointment in the government service will be done through public service examination. The commission has also been conducting examinations related to the appointment of civil, military, police, armed police force, investigation department and all employees who are permanently appointed by the government of Nepal.

After the provisions regarding the work, duties and rights of the public service were further explained in the constitution, the public service commission issued the procedure itself and stopped the random recruitment. The government has shown its intention to block this series of reforms.

Non-competitive appointment process is wrong from the point of view of constitution, good governance and equal distribution of opportunities. The appointment of a person attached to the investigating agency is not justified on weak moral ground. It should not be a situation where the state and the society cannot be sure that the qualification of the appointed person and the appointment process is correct. An appointed person can be devoted to the state with high morale when he is selected through competition based on his merits and abilities, he himself is devoted to the same when he is selected through the efforts or facilitation of a certain party or leader or a power center. He is prepared for his benefit.