Reservation Quotas in Nepal’s Public Service Commission

Nepal’s Constitution and laws mandate an inclusive representation of historically marginalized groups in public service. The Constitution’s Preamble commits to an “egalitarian society founded on proportional inclusive and participatory principles”. It explicitly prohibits discrimination , yet equally authorizes “special provisions by law” for groups facing historical disadvantage: socially backward women, Dalits, indigenous nationalities (Adivasi Janajatis), Madhesis, Tharus, Muslims, persons with disabilities, and other marginalized communities. Article 42 guarantees these groups the right to participate in state bodies on an inclusive principle. Article 47 then directed the government to enact laws implementing these rights within three years of the 2015 Constitution. Crucially, Article 285(2) specifies that federal civil service positions must be filled through competitive exams on an “open and proportional inclusive principle”. In practice, this has meant reserving a fixed share of PSC (Lok Sewa Aayog) jobs for target groups.

Under the Civil Service Act (1993, amended 2007), Nepal instituted a reservation (quota) system covering 45% of federal civil service vacancies, with the remaining 55% filled through open competition. Section 7(11) of that Act explicitly requires the quotas to be reviewed every 10 years, although in practice this review was delayed. According to the Public Service Commission, the 45% reserved seats are subdivided as follows:

Category	Reserved Share of Total Posts
Women	33%
Indigenous nationalities (Janajati)	27%
Madhesi (including Tharu communities)	22%
Dalits	9%
Persons with Disabilities	5%
Backward (remote/rural) regions	4%

These figures mean that, of every 100 PSC appointments, 45 are filled by candidates from these groups according to separate exams or criteria. For example, in 2023/24 the PSC reported recommending 1,066 candidates under reservation: 341 women, 282 indigenous people, 248 Madhesi, 104 Dalit, 49 PWD, and 42 from backward areas. Note that Tharu and Muslims have no separate quota under the old law – Tharu applicants are counted under the Madhesi or Janajati categories – even though the Constitution recognizes Tharus and Muslims among the disadvantaged. (A 2024 bill proposes separate quotas of 4% for Tharus and 3% for Muslims.)

Constitutional provisions and laws. The constitutional and legal basis for quotas begins with Nepal’s 2015 Constitution. Its Preamble and fundamental rights clauses stress eliminating caste-, gender- and regional discrimination. Article 42(1) lists the target groups entitled to inclusive representation: “socially backward women, Dalit, indigenous people (Janajati), Madhesi, Tharu, minorities, persons with disabilities, marginalized communities, Muslims, backward classes…” all have the right to participate in state bodies on an inclusive basis. Article 18 guarantees equality but explicitly permits “special provisions by law” for these very groups. Article 285(2) then mandates that federal civil service appointments follow an “open and proportional inclusive principle”. In line with Article 47, the government amended the Civil Service Act (1993) in 2007 to introduce concrete quotas. The amended Act (and PSC regulations) codified the 45% reserved share and set the category breakdown above. (The PSC Annual Report also notes that a total of ~25,000 people have entered the civil service via reservation since 2007.)

Rationale and goals. The quota policy is designed to redress historical exclusion and make the bureaucracy more representative. Nepal’s political movements and the 2015 Constitution emphasize social justice and proportional inclusion: historically dominant groups (primarily high-caste hill elites) have long controlled government posts, while women, Dalits, many ethnic groups (Janajatis), Madhesis (plains peoples), Tharus (indigenous plains community), Muslims and others were under‑represented. The quotas aim to ensure these communities have equal opportunity to serve in government. For example, 33% of reserved seats go to women – reflecting both a constitutional commitment to gender equality and a response to the fact that women made up only ~8% of civil servants in 2003 (rising to ~23% by 2018 under the quota regime). Similarly, 27% of reserved seats go to Janajatis (ethnic nationalities) and 22% to Madhesis, reflecting their share of the population and past marginalization. The Constitutional commitment is not merely symbolic: Article 18(3) explicitly “provides for special provisions by law” to empower backward and oppressed groups. In short, the quota system is intended as an affirmative-action mechanism to build an egalitarian state and to include communities long left out of governance.

Recent developments and debates. In practice the quota policy has generated debate. Critics say the system has been misused and is overdue for revision. The National Inclusion Commission’s 2022 report notes that many reserved posts have been “hijacked by the creamy layer” of each group, undermining true representation. The PSC itself complains it has been 17 years since the quota law was set and no review has occurred, so some reserved slots now go unfilled due to candidate shortages. Two Supreme Court rulings (December 2020 and January 2023) ordered the government to implement reservation for newly recognized groups (including Tharu, Muslims, and “indigent” Khas Arya) in line with the 2015 Constitution. In February 2023 the Court specifically ordered retroactive reservation (with “compensation”) for Tharu candidates, since prior exams had omitted them.

Meanwhile, the government has drafted a new Federal Civil Service Bill (registered in Parliament Feb 2024 and passed by the House in June 2025) to overhaul these provisions. The Bill keeps the 45% total reservation but would reallocate it among more categories. It proposes the following of the 45% reserved seats: 33% women, 24% indigenous nationalities, 20% Madhesi, 9% Dalit, 4% Tharu, 3% Muslim, 3% persons with disabilities, and 4% backward regions. (This adds separate Tharu and Muslim quotas, reducing Janajati from 27%→24% and PWD from 5%→3%.) The Bill also introduces technical changes (e.g. limiting one-time use of reservation, filling unfilled seats from underrepresented groups).

On the political front, some lawmakers argue quotas should be tied to population size (e.g. increasing Dalit share) or even expanded beyond 45%, while others caution against permanent affirmative action. Constitutional bodies have called for stricter eligibility (e.g. income or education criteria) to target the poorest within each group. In public debate, some have urged eventually phasing out quotas once disparity narrows, whereas others emphasize they remain vital for true inclusion. In summary, Nepal’s PSC reservation system – constitutionally mandated and enshrined in law – currently reserves 45% of posts for women, Dalits, Janajatis, Madhesis, persons with disabilities and people from backward regions. These quotas are rooted in the 2015 Constitution’s commitment to proportional inclusion. The policy’s goal is to ensure all communities can participate equally in the civil service. Recent years have seen calls to reform and update the system (through court orders and new legislation) to better align the quotas with current demographics and constitutional spirit