Monday 28 January 2019

The Pay Commission

Article 30, Section 01, of the Constitution states that, there shall be a Pay Commission, headed by a Chairperson, which shall be autonomous and shall be constituted, from time to time, on the recommendation of the Prime Minister.

Section 02 of the same article stipulates that the Pay Commission shall recommend to the government  revisions in the structure of the salary, allowances, benefits, and other emoluments of the Royal Civil Service, the Judiciary, the members of Parliament and Local Governments, the holders and the members of constitutional offices and all other public servants with due regard to the economy of the Kingdom and other provisions of the Constitution.

Section 03, states that the recommendations of the Commission shall be implemented only on the approval of the Lhengye Zhungtshog and subject to such conditions and modifications as may be made by Parliament.

Now, the total number of members  required, nature of the composition of the members and tenure of the pay commission itself  is not specified, it is deemed that the Prime Minister who could be assumed as government is authorized to exercise some choice in recommending the Commission  Members, also to direct the functioning of the Commission and more so with the tenure of the Commission. Therefore it is not hard to believe that the TOR for the Pay Commission could be almost dictated by the Government of the Day. 

Fortunately, the section 03 of the Article clearly mentions to give a due regard to economy of the nation and other provisions of the constitution, which spells that the business entities, NGOs, private firms and all other establishments which may affect the health of our economy must be taken on board and put into consideration. The same section includes to clarify that the Pay Commission must also incorporate all other public servants besides Civil Servants, Judiciary Staff, MPs &MoLGs and Constitutional Office Staff. Although the recommendation solely depends on Cabinet's Approval for coming into force, it is seen vital that the Pay Commission carry out exclusive survey to come up with the sound pay structure so that our economy is not shaken and taken for ride by some of the sections of the society and few privileged individuals.

Even more, the commission must place a due regard to the constitution article 7 section 11 & 14, which denotes that there must be an equal pay for work of equal value and existence of fair compensation respectively. 



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