Balendra Shah: Why Do Nepal’s Prime Ministers Want Intelligence Agencies Under Their Direct Control?
Image source, Nepal Photo Library
The government’s move to amend laws to bring the National Investigation Department under the Prime Minister’s Office has sparked mixed responses regarding its purpose and intent.
Previously, the government led by then Prime Minister KP Sharma Oli faced criticism for centralizing power by placing bodies like the Revenue Investigation Department, Asset Laundering Department, and the National Investigation Department under the Prime Minister’s Office.
After the Gen Z protests in the previous Bhadra (August-September), the government formed under Prime Minister Sushila Karki placed the intelligence agency within the Ministry of Home Affairs and other related bodies under their respective ministries.
However, after the general elections held in February, the Rastriya Swatantra Party government, supported by nearly a two-thirds majority, has initiated the legislative process to place the intelligence agency under the Prime Minister’s Office.
Law Minister Sobita Gautam presented this proposal during the parliamentary session on Tuesday to send it to the relevant House committee for further discussion.
Arguments Presented by a Former Intelligence Chief
It has been criticized that the National Investigation Department, which was under the Prime Minister’s Office at the time, failed to play an effective role during the Gen Z protests on Bhadra 23 and 24.
A fact-finding commission had indicated that the intelligence agency was neglected with every government change and thus required reforms.
However, the subsequent government led by Prime Minister Sushila Karki reversed the previous decision of the Oli administration and moved the National Investigation Department under the Ministry of Home Affairs.
Former head of the National Investigation Department, Deviram Sharma Karki, argues that placing the agency under the Ministry of Home Affairs was a mistake and that the intelligence agency should be under the Prime Minister’s control.
He said, “The primary consumer of the information provided by the intelligence agency is the head of government. That leader must be fully responsible for governance. If something misleading occurs, the government and prime minister must be held accountable. This arrangement is currently appropriate.”
Karki further mentioned that then Prime Minister Oli faced criticism because he brought the intelligence agency and other financial institutions under his direct office. He contended that if the intelligence agency is placed under other ministries, the prime minister might view it as a power weakening move.
Image source, Reuters
Sharma noted, “Currently, Nepal has growing interest from powerful nations, so subtle monitoring of their plans and actions is necessary. Investment in this sector should not be stingy. An intelligence agency should be established under the Prime Minister’s Office, while an institution for internal affairs should remain under the Home Ministry. At present, there is only one agency, so coordinating it under the Prime Minister is appropriate.”
Flaws Highlighted by Former Home Secretary
Former Home Secretary Umesh Mainali described the removal of the National Investigation Department from the Home Ministry as a serious error.
He said, “The Home Minister is accountable for peace and order, but when the intelligence agency is under the Prime Minister’s Office, the information received is often ‘second-hand,’ resulting in inefficiencies. The agency responsible for internal security must stay within the Home Ministry.”
He also emphasized that prime ministers should play a coordinating role rather than centralizing and becoming an operator by bringing these institutions under direct control.
The previous government had publicly released a draft law allowing Nepal’s intelligence agency to conduct counterintelligence operations both domestically and abroad.
Mainali pointed out the ongoing shuttle practice of transferring the National Investigation Department between the Prime Minister’s Office and the Ministry of Home Affairs and suggested dividing the agency into two units.
“The agency could be split into two units: one focused on counterintelligence mechanisms and the other on internal security within the Home Ministry,” he explained.
He also acknowledged that although this reveals political contradictions, it is a matter that must be recognized.
He added, “When KP Oli instituted this change, the opposition opposed it, but now they have come to accept it. Everyone strives for power. The prime minister’s main role should be policy formulation, coordination, and oversight.”
Former National Investigation Department head Sharma says proposals to place the intelligence agency under the Prime Minister and Council of Ministers’ Office have long existed but progress has been limited.
He stated, “At that time, both the prime minister and home minister needed direct information. Prime ministers wanted to keep it under their office, but home ministers did not want to relinquish control.”
Sharma explained that to resolve this, senior coordinating officials were placed within the Prime Minister’s Office.
Government’s Response
When registering the bill to amend the Nepal Special Service Act 2042, the government stated that as per the Cabinet decision on Ashoj 9, 2082 BS, the National Investigation Department would remain under the Ministry of Home Affairs.
However, the new government issued a ministerial division rule at the end of Baishakh, which stipulated that the intelligence agency would be placed under the Office of the Prime Minister and Council of Ministers.
The government also claimed that this legislative change replaces the previous amendment made through an ordinance and would enhance the operational effectiveness of the National Investigation Department.
Political parties remain divided on this matter.
Image source, Sobita Gautam/FB
Law, Justice and Parliamentary Affairs Minister Sobita Gautam spoke in parliament this week, stating that as prime minister she holds a unique concept of peace and security and that all intelligence information must reach the prime minister, which is why the agency has been positioned under the Prime Minister’s Office.
She said, “Regardless of convenience or discomfort, all intelligence information reaches the prime minister, who is then in a position to protect the country and citizens. That is why this agency is under the Prime Minister’s Office.”
She also highlighted that because intelligence information is extremely sensitive, the Ministry of Home Affairs, which is responsible for internal security, already has a significant workload.
“The Chief District Officer (CDO) is also under the Home Ministry, so are disaster management and many security agencies. But when intelligence information reaches the prime minister, the focus then is on what steps to take and how to ensure security, which is the prime minister’s main goal.”
The commission investigating the incidents on Bhadra 23 and 24 reported that the National Investigation Department, staffing nearly 2,000 people, needs to be a resourceful and well-equipped agency.
The report emphasized the necessity of coordination among internal security agencies and the indispensable role of the National Investigation Department, equipped with modern technology.
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