Constitution of Bhutan
Encyclopedia
The Constitution of Bhutan (Dzongkha: འབྲུག་གི་རྩ་ཁྲིམས་ཆེན་མོ་; Wylie
: 'Brug-gi Rtsa-khrims-chen-mo) was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic
reforms in Bhutan
. The current Constitution is based on Buddhist philosophy
, international Conventions on Human Rights
, comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck
, the constitutional committee was particularly influenced by the Constitution of South Africa
because of its strong protection of human rights
.
briefed the Lhengye Zhungtshog
(Council of Ministers, or Cabinet), the Chief Justice, and the Chairman of the Royal Advisory Council on the need to draft a formal Constitution for the Kingdom of Bhutan. The King expressed his desire that the Lhengye Zhungtshog and the Chief Justice should hold discussions on formulating the Draft Constitution. While Bhutan did not have a formal Constitution, the King believed all the principles and provisions of a Constitution were covered under the various written laws and legislation which guided the actions of the King and the functioning of the Royal Government, the judiciary and the National Assembly of Bhutan. Nevertheless, with the country and the people having successfully achieved a high level of development and political maturity, the time had come for a formal Constitution for the Kingdom of Bhutan.
The King emphasized that the Constitution must promote and protect the present as well as the future well-being of the people and the country. He stated the Constitution must ensure that Bhutan had a political system that would provide peace and stability, and also strengthen and safeguard Bhutan's security and sovereignty. The King decided the Lhengye Zhungtshog should, therefore, establish a committee to draft the Constitution for the Kingdom of Bhutan. The King said that the Drafting Committee should comprise government officials, National Assembly members, and eminent citizens who were well qualified, had a good understanding of the laws of Bhutan, and who would be able to contribute towards drafting the Constitution.
On November 30, 2001, the King inaugurated the outset of its drafting with a ceremony. By 2005, the Royal Government had circulated copies of the draft among the civil service and local governments in order to receive locals' feedback.
as a democratic
constitutional monarchy
belonging to the people of the Kingdom. The territory of Bhutan is divided into 20 Dzongkhags
(Districts) with each consisting of Gewogs (Counties) and Thromde
s (Municipalities). Dzongkha is the national language
of Bhutan, and the National Day
of Bhutan is December 17.
The Constitution is the supreme law of the State and affirms the authority of legal precedent
:
The Supreme Court of Bhutan is the guardian of the Constitution and the final authority on its interpretation.
Rights over natural resources vest in the State and are thus properties of the State and regulated by law.
Throughout the Constitution, retirement is mandated for most civil servants upon reaching age 65. Notably, this includes the reigning King whenever possible.
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The Constitution confirms the institution of monarchy
. The Druk Gyalpo (King of Bhutan) is the Head of State
and the symbol of unity of the Kingdom and of the people of Bhutan. The Constitution establishes the "Chhoe-sid-nyi
" (dual system of religion and politics) of Bhutan as unified in the person of the King who, as a Buddhist, is the upholder of the Chhoe-sid (religion and politics; temporal and secular). In addition, the King is the protector of all religions in Bhutan
. The King is also the Supreme Commander in Chief
of the Armed Forces and the Militia of Bhutan
. The King is not answerable in a court of law
for his actions, and his person is sacrosanct. However, the King is mandated to protect and uphold the Constitution "in the best interest and for the welfare of the people of Bhutan." Furthermore, there are Constitutional provisions for involuntary abdication in the event the King violates the Constitution.
The Constitution entitles the King and the royal family to annuities from the State in accordance with law made by Parliament; all rights and privileges including the provision of palaces and residences for official and personal use; and exemption from taxation on the royal annuity and properties. The Constitution also limits the membership of the royal family to reigning and past Monarchs, their Queens and their Royal Children born of lawful marriage.
Article 2 Section 26 states that Parliament may make no laws nor exercise its powers to amend the provisions regarding the monarchy and Bhutan's government as a "Democratic Constitutional Monarchy" except through a national referendum
.
s (and as Head of State), promotes goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries. The King may also award titles, decorations, dar
for Lhengye and Nyi-Kyelma (conferring a red scarf of rank and honour with the title of "Dasho") in accordance with tradition and custom.
Also among the Royal Prerogatives are the grants of citizenship
, amnesty, pardon and reduction of sentences; and land "kidu" and other "kidus" (benefits).
The King may, by Royal Prerogative
, command bills and other measures to be introduced in Parliament. Furthermore, bills of Parliament are ultimately subject to veto and modification by the King, however he must assent to bills resubmitted after joint sitting and deliberation. The King may also exercise powers "relating to matters which are not provided for under this Constitution or other laws."
The Constitution establishes the law of succession
of the Golden Throne of Bhutan. Under this Section, title to the throne vests in the legitimate descendants of King Ugyen Wangchuck
, enshrined on December 17, 1907. Title may pass only to children born of lawful marriage, by hereditary succession to direct lineal descendants in order of seniority upon the abdication or demise of the King. Article 2 Section 6 provides that upon reaching age 65, the King must retire (abdicate)
in favor of the Crown Prince
or Crown Princess, provided the royal heir has reached age 21.
There is a stated preference that a prince take precedence over a princess, however this is subject to the exception that if there are "shortcomings in the elder prince, it is the sacred duty of the King to select and proclaim the most capable prince or princess as heir to the Throne." Title to the throne may also pass to the child of the Queen who is pregnant at the time of the demise of the King if no lineal heir exists. Such is an example of semi-Salic law
.
If there are no present or prospective lineal heirs, title passes to the nearest collateral line of the descendants of the King in accordance with the principle of lineal descent, with preference being given for elder over the younger. Title may never pass to children incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity, nor to anyone whose spouse is a person other than a natural born citizen of Bhutan.
The successor to the Throne receives dar
(a scarf that symbolizes the conferring of rank) from the Machhen (the holy relic) of Shabdrung Ngawang Namgyal at Punakha Dzong
, and is crowned on the Golden Throne. Upon the ascension of the King to the Throne, the members of the royal family, the members of Parliament, and the holders of offices requiring appointment by the King must take an oath of allegiance
to the King.
. A Council of Regency is established when the King has temporarily relinquished, by Proclamation, the exercise of the Royal Prerogatives; or when it has been resolved by at least ¾ of the total number of members of Parliament in a joint sitting that the King is unable to exercise the Royal Prerogatives by reason of temporary physical or mental infirmity; or the King abdicates or dies and the successor to the throne has not attained the age 21. These provisions are effective until the royal heir presumptive
reaches age 21 and becomes Regent by right.
When the successor to the throne reaches age 21, or when the King resumes the exercise of the Royal Prerogatives, notice must be given by Proclamation. However, when the King regains the ability to exercise the Royal Prerogatives, notice is given to that effect by resolution of Parliament.
The Council of Regency collectively exercises the Royal Prerogatives and the powers vested in the King. The Council of Regency is composed of 6 members: one senior member of the royal family nominated by the Privy Council (below), the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the leader of the Opposition Party.
of four persons, consisting of two members appointed by the King, one member nominated by the Lhengye Zhungtshog (Council of Ministers), and one member nominated by the National Council. The Privy Council is responsible for: all matters pertaining to the privileges and conduct of the King and the royal family; rendering advice to the King on matters concerning the Throne and the royal family; all matters pertaining to crown properties; and any other matter as may be commanded by the King.
The King appoints most of the upper Judicial branch: the Chief Justice of Bhutan and the Drangpons (Associate Justices) of the Supreme Court; the Chief Justice and Drangpons (Associate Justices) of the High Court. These judicial appointments are made from among the vacant positions' peers, juniors, and available eminent jurists in consultation with the National Judicial Commission
(below). Dungkhag Court jurists are not appointed by the King.
The King also appoints, from lists of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the Leader of the Opposition Party, four kinds of high-level Government: the Chief Election Commissioner and other members of the Election Commission
; the Auditor General of the Royal Audit Authority; the Chairperson and other members of the Royal Civil Service Commission; and the Chairperson and other members of the Anti-Corruption Commission. The term for each position is 5 years. Referenced for incorporation
are the Bhutanese Audit Act, Bhutanese Civil Service Act, Bhutanese Anti-Corruption Act, and Attorney General Act
; references to existing Election Laws
also appear throughout the Constitution.
The King appoints positions other than Constitutional Officers on the advice of other bodies. He appoints the heads of the Defence Forces from a list of names recommended by the Service Promotion Board. The King appoints the Attorney General of Bhutan
, the Chairperson of the Pay Commission, the Governor of the Central Bank of Bhutan
, the Cabinet Secretary, and Bhutanese ambassadors and consuls on the recommendation of the Prime Minister. The King also appoints Dzongdags
to head Local Governments, and other secretaries to the Government on the recommendation of the Prime Minister who obtains nominations from the Royal Civil Service Commission on the basis of merit and seniority and in accordance with other relevant rules and regulations. The King appoints the Secretary General of the respective Houses on the recommendation of the Royal Civil Service Commission.
The King also appoints the Je Khenpo
(below) as the spiritual leader of Bhutan. Finally, as indicated above, the King appoints 2 of the 4 members of the Privy Council.
for reigning monarchs: voluntary and involuntary. As stated above, the King may relinquish the exercise of Royal Prerogatives, and such relinquishment may be temporary.
The Constitution provides that the King must abdicate the throne for willful violations of the Constitution or for suffering permanent mental disability. Either must be upon a motion passed by a joint sitting of Parliament. The motion for abdication must be tabled for discussion at a joint sitting of Parliament (presided by the Chief Justice of Bhutan) if at least ⅔ of the total number of the members of Parliament submits such a motion stating its basis and grounds. The King may respond to the motion in writing or by addressing the joint sitting of Parliament in person or through a representative.
If, at such joint sitting of Parliament, at least ¾ of the total number of members of Parliament passes the motion for abdication, then such a resolution is placed before the people in a National Referendum to be approved or rejected. If the National Referendum passes in all the Dzongkhags in the Kingdom, the King must abdicate in favour of the heir apparent
.
is the spiritual heritage of Bhutan. Buddhism is described as promoting the principles and values of peace, non-violence, compassion and tolerance. The Constitution places upon religious institutions and personalities the responsibility to promote the spiritual heritage of Bhutan while also ensuring that religion remains separate from politics in Bhutan. Religious institutions and personalities are explicitly required to remain above politics. The sole Constitutional exception is the King under the Chhoe-sid-nyi
(dual system of religion and politics). Thus, while religion and politics are officially separate, the Buddhist Drukpa Lineage is the state religion
of Bhutan.
The King appoints the Je Khenpo
on the recommendation of the Five Lopons (teachers). The Je Khenpo must be a learned and respected monk ordained in accordance with the Druk-lu tradition, having the nine qualities of a spiritual master and accomplished in ked-dzog. The Je Khenpo appoints, on the recommendation of the Dratshang Lhentshog
(Commission for the Monastic Affairs), the Five Lopons from among monks with the nine qualities of a spiritual master and accomplished in ked-dzog (stages of development and completion in Vajrayana
practice). The membersip of the Dratshang Lhentshog comprises 7 people: the Je Khenpo as Chairman; the Five Lopons of the Zhung Dratshang (Central Monastic Body); and the Secretary of the Dratshang Lhentshog who is a civil servant. The Zhung Dratshang and Rabdeys (monastic bodies in the dzongs other than Punakha
& Thimphu
) are to receive adequate funds and other facilities from the State.
The Constitution codifies Bhutanese culture in legal terms. The State must endeavour to preserve, protect and promote the cultural heritage of the country, including monuments, places and objects of artistic or historic interest, Dzongs (fortresses), Lhakhangs (monasteries), Goendeys (monastic communities), Ten-sum (sacred images, scriptures, and stupas), Nyes (sacred pilgrimage sites), language, literature, music
, visual arts
and religion to enrich society and the cultural life
of the citizens. It must also recognize culture as an evolving dynamic force and endeavour to strengthen and facilitate the continued evolution of traditional values and institutions that are sustainable as a progressive society. The State must conserve and encourage research on "local" arts, custom, knowledge and culture.
The Constitution allows Parliament to enact any such legislation
as may be necessary to advance the cause of the cultural enrichment of Bhutanese society.
Article 5 pertains to the environment
. The Constitution states that every Bhutanese is a trustee of the Kingdom's natural resource
s and environment
for the benefit of the present and future generations and declares it the fundamental duty of every citizen to contribute to protection, conservation, and prevention of all forms of ecological degradation including noise, visual and physical pollution. This Article mandates the adoption and support of environment friendly practices and policies.
The Government itself pledges to protect, conserve and improve the pristine environment and safeguard the biodiversity of the country; prevent pollution and ecological degradation; secure ecologically balanced sustainable development while promoting justifiable economic and social development; and ensure a safe and healthy environment. To this end, it promises that a minimum of 60 percent of Bhutan's total land shall be maintained as forest for all time.
Parliament may enact environmental legislation to ensure sustainable use of natural resources, maintain intergenerational equity, and reaffirm the sovereign rights of the State over its own biological resources. Parliament may also declare any part of the country to be a National Park, Wildlife Reserve, Nature Reserve, Protected Forest, Biosphere Reserve, Critical Watershed and such other categories meriting protection.
. First, "natural born citizens" are children of two citizen parents. This is an ambilineal
jus sanguinis
citizenship law.
Second, "citizens by registration" are those who can prove domicile in Bhutan by December 31, 1958 by showing registration in the official record of the Government of Bhutan.
Third, "citizens by naturalization" are those who have applied for, and were granted, naturalization. Naturalization requires applicants to have lawfully resided in Bhutan for at least 15 years; have no record of imprisonment for criminal offences within the country or outside; can speak and write Dzongkha; have a good knowledge of the culture, customs, traditions and history of Bhutan; and have no record of having spoken or acted against the Tsawa-sum. They must also renounce the citizenship, if any, of a foreign State on being conferred Bhutanese citizenship; and take a solemn Oath of Allegiance to the Constitution as may be prescribed. The grant of citizenship by naturalization takes effect by a Royal Kasho (written order) of the King.
The Constitution prohibits dual citizenship. If citizens of Bhutan acquire another citizenship, their Bhutanese citizenship is terminated.
The Constitution confers the power to regulate all matters relating to citizenship to Parliament, subject to the Citizenship Acts.
, variously to all persons and to citizens of Bhutan.
All persons have the right to life, liberty and security of person and is not deprived of such rights except in accordance with the due process of law
. This is an explicit due process guarantee.
All persons in Bhutan have the right to material interests resulting from any scientific, literary or artistic production of which he or she is the author or creator. This is a universal guarantee based in intellectual property
law.
All persons are equal before the law and are entitled to equal and effective protection of the law. They must not be discriminated against on the grounds of race, sex, language, religion, politics or other status. This law prohibits institutional discrimination
on the basis of status
(Cf. American Equal Protection Clause
).
All persons are guaranteed freedom from torture
or to cruel, inhuman or degrading treatment or punishment; capital punishment
; arbitrary or unlawful interference with his or her privacy, family, home or correspondence; arbitrary arrest or detention; and from unlawful attacks on the person's honour and reputation. The former are guarantees of human rights
and privacy rights
; the latter represents laws against slander and libel.
No person may be compelled to belong to another faith by means of coercion or inducement. This is a legal tautology for freedom of religion
.
No person may be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law. (Cf. Common Law
concepts of "eminent domain
" and "just compensation
.")
Persons charged with a penal offence are presumed innocent until proven guilty in accordance with the law. This is an explicit statement of the presumption of innocence
. All persons have the right to consult and be represented by a Bhutanese jabmi (attorney
) of their choice. This is an explicit statement of all persons' right to counsel
.
Bhutanese citizens have the right to freedom of speech, opinion and expression; the right to information; the right to freedom of thought, conscience and religion; the right to vote; the right to freedom of movement and residence within Bhutan; the right to equal access and opportunity to join the Public Service; the right to own property (but not the right to sell or transfer land or any immovable property to non-citizens, except as allowed by Parliament); the right to practice any lawful trade, profession or vocation; the right to equal pay for work of equal value; the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country; and the right not to be compelled to belong to any association.
The Constitution guarantees freedom of the press
, radio and television and other forms of dissemination of information, including electronic.
However, the State may subject persons to reasonable restriction by law, when it concerns the interests of the sovereignty, security, unity and integrity of Bhutan; the interests of peace, stability and well-being of the nation; the interests of friendly relations with foreign States; incitement to an offence on the grounds of race, sex, language, religion or region; the disclosure of information received in regard to the affairs of the State or in discharge of official duties; or the rights and freedom of others.
All persons in Bhutan have the right to initiate appropriate proceedings in the Supreme Court or High Court for the enforcement of the rights conferred by Article 7, subject to the above reasonable restriction by law.
in Bhutan. All persons must respect the National Flag
and the National Anthem
. No persons may tolerate or participate in acts of injury, torture
or killing of another person
, terrorism
, abuse of women, children or any other person, and must take necessary steps to prevent such acts. All persons have the responsibility to provide help, to the greatest possible extent, to victims of accidents and in times of natural calamity
; to safeguard public property
; and to pay tax
es in accordance with the law. All persons have the duty to uphold justice and to act against corruption
; to act in aid of the law
; and to respect and abide by the provisions of the Constitution.
Bhutanese citizens must preserve, protect and defend the sovereignty, territorial integrity, security and unity of Bhutan. Bhutanese citizens must render national service
when called upon to do so by Parliament. They have the duty to preserve, protect and respect the environment
, culture
and heritage of the nation; and to foster tolerance, mutual respect and spirit of brotherhood amongst all the people of Bhutan
transcending religious, linguistic, regional or sectional diversities.
. By the language of the Constitution, some provisions of the mandate are obligatory, while others listed in Article 9 are precatory, stating that "the State shall endeavour" to fulfill certain guarantees.
to all children of school going age up to grade 10, ensure that technical
and professional education
is made generally available, and ensure that higher education is equally accessible to all on the basis of merit. It must also provide free access
to basic public health services
in both modern
and traditional medicines
; and encourage free participation in the cultural life of the community, promote arts and sciences and foster technological innovation. The State must also encourage and foster private sector
development through fair market competition and prevent commercial monopolies.
The State endeavours to apply State Policy to ensure a good quality of life for the people of Bhutan in a progressive and prosperous country that is committed to peace and amity in the world. It strives to promote conditions that will enable the pursuit of Gross National Happiness
.
The State also endeavours to guarantee human rights
. It endeavours to create a civil society free of oppression, discrimination and violence; based on the rule of law, protection of human rights and dignity. It also endeavours to ensure the right to work
, vocational guidance and training and just and favourable conditions of work. It strives to provide education for the purpose of improving and increasing knowledge, values and skills of the entire population with education being directed towards the full development of the human personality. The State endeavours to take appropriate measures to eliminate all forms of discrimination and exploitation against women and children; and to promote those conditions that are conducive to co-operation in community life and the integrity of the extended family
structure.
The State further endeavours to ensure fundamental rights listed under Article 7; to provide justice through a fair, transparent and expeditious process; to safeguard legal aid to secure justice; and to protect the telephonic, electronic, postal or other communications of all persons in Bhutan from unlawful interception or interruption. These are further guarantees of due process
and privacy
.
Crossing into religion, the State strives to create conditions that will enable the true and sustainable development of a good and compassionate society rooted in Buddhist ethos and universal human values.
. The State also endeavours to achieve economic self-reliance and promote open and progressive economy; to ensure the right to fair and reasonable remuneration for one's work; to ensure the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay; and to provide security
in the event of sickness and disability or lack of adequate means of livelihood for reasons beyond one's control. The State also endeavours to ensure that all the Dzongkhags are treated with equity on the basis of different needs so that the allocation of national resources results in comparable socio-economic development.
The Constitution defines the Government's role in finance, trade and commerce. It authorizes the Government to raise loans, make grants, or guarantee loans. It also sets up a regulatory framework for the Consolidated Fund, Bhutan's general public assets.
and judicial branches except to the extent provided for by the Constitution. The legislative branch is the bicameral Parliament of Bhutan
. The executive branch is the Lhengye Zhungtshog
(cabinet), headed by the Prime Minister and supported by subsidiary government agencies. The politically independent judicial branch is the Royal Court of Justice, which is reviewed by the Supreme Court of Bhutan
. Within these branches of government, only members of the executive and the National Assembly
(the lower house of Parliament) may hold political party affiliations.
Parliament consists of the King, the National Council and the National Assembly. Bhutan's international territorial boundaries and internal Dzongkhag and Gewog divisions may be altered only with the consent of at least ¾ of the total number of members of Parliament.
The National Council of Bhutan
is the upper house
, or house of review in the bicameral legislature
. It consists of 25 members: one directly elected from each of the 20 Dzongkhags
(Districts) and 5 appointed by the King. The National Council meets at least twice a year. The membership elects a Chairperson and Deputy Chairperson from its number. Members and candidates of the National Council are prohibited from holding political party
affiliation.
The National Assembly of Bhutan
is the lower house
of parliament. It consists of a maximum of 55 members directly elected by the citizens of constituencies within each Dzongkhag
(District). Under this system of proportional representation
, each constituency is represented by one National Assembly member; each of the 20 Dzongkhags must be represented by between 2–7 members. Constituencies are reapportioned every 10 years. The National Assembly meets at least twice a year, and elects a Speaker and Deputy Speaker from among its members. Members and candidates may be members of political parties.
The Constitution details procedures for the passing of bills and other procedural requirements of governance. Bhutanese legislation
must be presented bicamerally, at times in joint sitting of the National Council and National Assembly, however bills may pass by default without vote when none is conducted before the close of the present session. Bills are ultimately subject to veto and modification by the King, however the King must assent to bills resubmitted after joint sitting and deliberation by the National Council and National Assembly.
The National Assembly may, with support of at least ⅓ of its members, motion of no confidence
in the Government. If the vote passes with at least ⅔ support, the King must dismiss the Government.
The Constitution defines the rights and duties of the opposition party
in Parliament. It also lays a framework for the formation, function, and dissolution of interim governments
.
(Council of Ministers, or Cabinet), which consists of the Ministers headed by the Prime Minister.
The Constitution sets forth the procedure of the formation of government and its ministries, providing for the post of Prime Minister and the other Ministers of Bhutan. The King recognizes the leader or nominee of the party that wins the majority of seats in the National Assembly as the Prime Minister. The Prime Minister is limited to two terms of office. Other Ministers are appointed from among National Assembly members by the King on advice of the Prime Minister. All Ministers must be natural-born citizens of Bhutan. There is a limit of two Ministers from any one Dzongkhag.
The number of other Ministers is determined by the number of Ministries required to provide efficient and good governance. Creation of an additional ministry or reduction of any ministry must be approved by Parliament. The Lhengye Zhungtshog must aid and advise the King in the exercise of his functions as Head of State
including international affairs
, provided that the King may require the Lhengye Zhungtshog to reconsider such advice. The Prime Minister must keep the King informed from time to time about the affairs of the State, including international affairs, and must submit such information and files as called for by the King.
The Lhengye Zhungtshog must assess the state of affairs in Government and society, at home and abroad; define the goals of State action and determine the resources required to achieve them; plan and co-ordinate government policies and ensure their implementation; and represent the Kingdom at home and abroad. The Lhengye Zhungtshog are collectively responsible to the King and to Parliament. The Executive cannot issue any executive order, circular, rule or notification inconsistent with, modifying, varying or superseding the laws of Bhutan.
is to safeguard, uphold, and administer justice fairly and independently without fear, favour, or undue delay in accordance with the rule of law
to inspire trust and confidence and to enhance access to justice. The judicial authority of Bhutan is vested in the Royal Court of Justice, comprising the Supreme Court
, the High Court
, the Dzongkhag Court
s, the Dungkhag Court
s, and such other courts and tribunals as may be established by the King on the recommendation of the National Judicial Commission.
The Supreme Court of Bhutan
, which comprises the Chief Justice and four Drangpons, is the highest appellate authority to entertain appeals against the judgments, orders, or decisions of the High Court in all matters. The Supreme Court is a court of record. The Chief Justice of Bhutan, Drangpons (Associate Justices) of the Supreme Court are appointed by the King. The term of office of the Chief Justice of Bhutan is five years (or until attaining age 65). That of the Drangpons of the Supreme Court is ten years (or until attaining age 65). Where a question of law or fact is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court, the King may refer the question to the Supreme Court for its consideration, which hears the reference and submit its opinion to him. The Supreme Court may, on its own motion or on an application made by the Attorney General
or by a party to a case, withdraw any case pending before the High Court involving a substantial question of law of general importance relating to the interpretation of this Constitution and dispose off the case itself.
The Chief Justice and Drangpons of the High Court of Bhutan
are appointed by the King. The term of office of the Chief Justice and the Drangpons of the High Court is 10 years (or until attaining age 60). The High Court of Bhutan, which comprises a Chief Justice and eight Drangpons, is the court of appeal from the Dzongkhag Courts and Tribunals in all matters and exercises original jurisdiction in matters not within the jurisdiction of the Dzongkhag Courts and Tribunals. The judges of the Dzongkhag
and Dungkhag Court
s are not appointed by the King.
Every person in Bhutan has the right to approach the courts in matters arising out of the Constitution or other laws subject to guarantee as fundamental rights. The Supreme Court and the High Court may issue such declarations, orders, directions or writs as may be appropriate in the circumstances of each case.
By command of the King and upon the recommendation of the National Judicial Commission, Drangpons of the Supreme Court and the High Court may be punished by censure and suspension for proven misbehaviour that does not deserve impeachment in the opinion of the Commission. Parliament may, by law, establish impartial and independent Administrative Tribunals as well as Alternative Dispute Resolution centres.
The King appoints the four members of the National Judicial Commission. The Commission comprises the Chief Justice of Bhutan as Chairperson, the senior most Drangpon of the Supreme Court, the Chairperson of the Legislative Committee of the National Assembly, and the Attorney General
.
Article 22 establishes Local Governments
that are "decentralized and devolved to elected Local Governments to facilitate the direct participation of the people in the development and management of their own social, economic and environmental well-being." The stated objectives of all Local Governments are to ensure that local interests are taken into account in the national sphere of governance by providing a forum for public consideration on issues affecting the local territory; to provide democratic and accountable government for local communities; to ensure the provision of services to communities in a sustainable manner; to encourage the involvement of communities and community organizations in matters of local governance; and to discharge any other responsibilities as may be prescribed by law made by Parliament.
Local Governments receive financial resources from the National Government in the form of annual grants to ensure self-reliant and self-sustaining units of local self-government and to promote holistic and integrated area-based development planning. Local Governments are entitled to levy, collect, and appropriate taxes, duties, tolls, and fees in accordance with procedures provided for by Parliament by law. Local Governments are also entitled to own assets and incur liabilities by borrowing on their own account subject to such limitations as may be provided for by Parliament by law. Such is an example of a decentralized economy.
The Constitution divides Local Government into three tiers: Dzongkhag
Tshogdu (District Council at the highest local level), Gewog Tshogde (County Committee at the intermediate local level) and Thromde
Tshogde (Municipal Committee at the most local level). Each body sits for five year terms.
There are 20 Dzongkhag
s (Districts) in all of Bhutan, each headed by a Dzongdag appointed by the King as the chief executive supported by civil servants. Each Dzongkhag is also represented by a Dzongkhag Tshogdu (District Council). Membership of the Dzongkhag Tshogdu depends on the number of Gewogs within the Dzongkhag. Each Gewog is represented on the Tshogdu by two members, its Gup and Mangmi (below). Two further members of the Tshogdu are one elected representative from the Dzongkhag Thromde (District municipality) and one elected representative from Dzongkhag Yenlag Thromde (satellite towns). The Dzongkhag Tshogdu elects a Chairperson from among its members and meets at least twice a year.
Dzongkhags are divided into Gewogs (Counties or Blocks), numbering 205 in all of Bhutan. These are in turn subdivided into Chiwogs for election purposes. Each Gewog is represented by a Gewog Tshogde (County Committee), headed by a Gup (Head of Gewog) and a Mangmi (deputy), both of whom are directly elected by citizens. Other Tshogpas (Representatives) are directly elected by citizens of Chiwogs. The membership of each Gewog Tshogde must comprise between 7–10 members and meet at least three times annually.
On the most local level, a Thromde
Tshogde (Municipal Committee) is headed by a Thrompon (Mayor
), who is directly elected by the voters of the Dzongkhag Thromde. The powers and functions of the Thrompon are defined by Parliament. The other members of the Thromde Tshogde are elected directly by citizens divided into constituencies. Like the Gewog Tshogde, the Thromde Tshogde must comprise between 7–10 members and meet at least three times annually.
The Constitution establishes a ⅔ quorum
requirement in order to conduct any business on Local Government levels. It also defines local electoral procedure in terms of Parliamentary Electoral Laws. Notably, candidates and members of the Local Governments are banned from political party
affiliation.
are elected to the National Assembly, established through a primary election
in which all registered political parties may participate. The majority is the ruling party, while the second party among the plurality forms the opposition. Defection from one party to another is prohibited to sitting members.
Political parties must promote national unity and progressive economic development and strive to ensure the well-being of the nation. Candidates and parties are prohibited from appealing to regionalism, ethnicity and religion to incite voters for electoral gain.
Political parties must be registered by the Election Commission. Registration requires their members to be Bhutanese citizens and not otherwise disqualified, and that membership not be based on region, sex, language, religion or social origin. Registration requires parties be broad-based with cross-national membership and support and be committed to national cohesion and stability. Members of all parties must declare allegiance to the constitution and uphold the sovereignty, security, and unity of the Kingdom. Furthermore, parties are required to advance democracy and the social, economic, and political growth of Bhutan.
Parties are prohibited from receiving any money or assistance other than those contributions made by its registered members, and the value of such contributions is regulated by the Election Commission. Parties are prohibited from receiving any money or assistance from foreign sources, be it governmental, non-governmental, private organizations or from private parties or individuals.
Political parties may be dissolved only by declaration of the Supreme Court. The Constitution establishes grounds for dissolution of political parties. If party objectives or activities are in contravention of the Constitution; if a party has received money or assistance from foreign sources; or if the Election Laws are violated, the Supreme Court may declare that party dissolved. Furthermore, Parliament may proscribe other laws with the effect of disqualifying political parties. Once dissolved, political parties may not comprise any members.
Parliament regulates the formation, functions, ethical standards, and intra-party organization of political parties and regularly audits their accounts to ensure compliance with law.
Article 16 delineates the rules of public campaign financing.
by secret ballot
of all citizens over age 18 who have been registered in the civil registry of their constituency for at least one year and not "otherwise disqualified from voting under any law in force in Bhutan." In order to vote, Bhutanese citizens must furnish their Citizenship Card
.
Parliament makes, by law, provisions for all matters relating to, or in connection with, elections including the filing of election petitions challenging elections to Parliament and Local Governments, and the Code of Conduct for the political parties and the conduct of the election campaign as well as all other matters necessary for the due constitution of the Houses of Parliament and the Local Governments.
In order to provide for informed choice by the voter, candidates for an elective office must file, along with a nomination, an affidavit declaring: the income and assets of candidates, spouses and dependent children; biographical data and educational qualifications; records of criminal convictions; and whether candidates are accused in a pending case for an offense punishable with imprisonment for more than one year and in which charges are framed or cognizance is taken by a court of law prior to the date of filing of such a nomination.
To qualify for an elective office, candidates must be Bhutanese citizens; must be registered voters in their own constituencies; be between ages 25 and 65 at the time of nomination; must not receive money or assistance from foreign sources whatsoever; and fulfill the necessary educational and other qualifications prescribed in the Electoral Laws.
Persons are disqualified from holding an elective office if they marry a non-citizen; have been terminated from public service; have been convicted for any criminal offense and sentenced to imprisonment; are in arrears of taxes or other dues to the Government; have failed to lodge accounts of election expenses within the time and in the manner required by law without good reason or justification; holds any office of profit under the Government, public companies, or corporations as prescribed in the Electoral Laws; or is disqualified under any law made by Parliament. Disqualifications are adjudicated by the High Court on an election petition filed pursuant to law made by Parliament.
. Under Article 2 Section 19 (above), the King appoints the members of these agencies on advice from the civil government, namely the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the Leader of the Opposition Party. The term for each position is 5 years. Referenced for incorporation
by respective sections are the Bhutanese Audit Act, Bhutanese Civil Service Act, and Bhutanese Anti-Corruption Act; references to existing "Election Laws" also appear throughout the Constitution.
The independent Election Commission is responsible for the preparation, maintenance, and periodical updating of electoral rolls, the election schedule, and the supervision, direction, control, and conduct of elections to Parliament and Local Governments, as well as holding of National Referendums, in a free and fair manner. It is also responsible for the delimitation of constituencies for election of the members of Parliament and Local Governments. It functions in accordance with the Electoral Laws set forth by Parliament and is headed by the Chief Election Commissioner for a term of 5 years.
The Constitution codifies and explains the function of the Royal Audit Authority. The Audit Authority is tasked with auditing the accounts of all departments and offices of the Government, and wherever public funds are used including the police and defence forces. The Auditor General submits an annual report to the King, the Prime Minister and Parliament. Parliament appoints a five-member Public Accounts Committee, comprising members of Parliament who are reputed for their integrity, to review and report on the annual audit to Parliament for its consideration or on any other report presented by the Auditor General. The Royal Audit Authority functions in accordance with the Audit Act.
The Constitution codifies and explains the function of the Royal Civil Service Commission. Its membership consists of one Chairman and four other members, all appointed by the King. It also comprises a Secretariat as the Government's central personnel agency. The Commission is charged with training, placing, and promoting quality civil servants within a transparent and accountable apparatus. The Constitution guarantees administrative due process safeguards, but only to civil servants. It also provides that the Commission must operate under the Civil Service Act of Parliament.
The Constitution also codifies and explains the function of the Anti-Corruption Commission. It is headed by a Chairperson and comprises two members. The Commission reports to the King, the Prime Minister, and Parliament; prosecution on the basis of the findings of the Commission are undertaken by the Attorney General
for adjudication by the courts. The Commission functions in accordance with Parliament's Anti-Corruption Act.
of the Armed Forces and the Militia. It establishes the Royal Body Guards as responsible for the security of the King. It also requires the Royal Bhutan Army
to be a professional standing army to defend against security threats. The Royal Bhutan Police
are trained under the Ministry of Home and Cultural Affairs
and are responsible for maintaining law and order and preventing crime. Parliament may, require compulsory militia service for adult citizens to strengthen the defence of Bhutan. The Constitution allows the Government to use military force against foreign states only in self-defence or for the purpose of maintaining its security, territorial integrity and sovereignty.
. He is appointed by the King on the advice of the Prime Minister. The Attorney General functions as the legal aid and representative of the government and has the right to appear before any court. The Attorney General has the authority to appear before Parliament to express legal opinions and to institute, initiate, or withdraw any case. The Attorney General functions in accordance with the Attorney General Act.
The Constitution provides for a Pay Commission. The Pay Commission operates independently, but its actions must be approved by the Lhengye Zhungtshog. Its Chairperson is appointed by the King on the advice of the Prime Minister.
The Constitution places requirements on holders of Constitutional Offices. Judicial appointees, the Auditor General, and the Chairs of Anti-Corruption, Civil Service, and Election Commissions are holders of Constitutional Office. Holders of these offices must be natural-born citizens of Bhutan and must not be married to non-citizens. After five year terms, they are ineligible for re-appointment.
Article 32 sets forth the law regarding impeachment of Government Officers.
Article 34 sets forth the guidelines for conducting a National Referendum
.
Article 35 contains provisions regarding Constitutional Amendment and the authoritativeness of the Dzongkha version of the Constitution.
The First Schedule contains the National Flag
and the National Emblem of Bhutan
, referenced in Article 1 § 5. The Second Schedule contains the National Anthem of Bhutan
, referenced in Article 1 § 6. The Third Schedule contains the "Oath or Affirmation of Office." The Fourth Schedule contains the "Oath or Affirmation of Secrecy."
The last part of the English language version of the Constitution of Bhutan is a glossary containing many terms translated herein.
Wylie transliteration
The Wylie transliteration scheme is a method for transliterating Tibetan script using only the letters available on a typical English language typewriter. It bears the name of Turrell V. Wylie, who described the scheme in an article, A Standard System of Tibetan Transcription, published in 1959...
: 'Brug-gi Rtsa-khrims-chen-mo) was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic
Democratization
Democratization is the transition to a more democratic political regime. It may be the transition from an authoritarian regime to a full democracy, a transition from an authoritarian political system to a semi-democracy or transition from a semi-authoritarian political system to a democratic...
reforms in Bhutan
Bhutanese democracy
Bhutan has transitioned from an absolute monarchy to a multi-party democracy. The development of Bhutanese democracy has been marked by the active encouragement and participation of reigning Bhutanese monarchs since the 1950s, beginning with legal reforms such as the abolition of slavery, and...
. The current Constitution is based on Buddhist philosophy
Buddhist philosophy
Buddhist philosophy deals extensively with problems in metaphysics, phenomenology, ethics, and epistemology.Some scholars assert that early Buddhist philosophy did not engage in ontological or metaphysical speculation, but was based instead on empirical evidence gained by the sense organs...
, international Conventions on Human Rights
International human rights instruments
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general...
, comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck
Sonam Dechen Wangchuck
Princess Ashi Sonam Dechan Wangchuck is a princess of Bhutan. She is the daughter of the 4th King of Bhutan Jigme Singye Wangchuck and sister of the 5th King, Jigme Khesar Namgyal Wangchuck. She has a degree in international relations from Stanford University and a masters in law from Harvard Law...
, the constitutional committee was particularly influenced by the Constitution of South Africa
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
because of its strong protection of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
.
Background
On 4 September 2001, King Jigme Singye WangchuckJigme Singye Wangchuck
Jigme Singye Wangchuck is the former King of Bhutan. He was the fourth Dragon King of Bhutan from 1972 until his abdication in favour of his eldest son, Jigme Khesar Namgyel Wangchuck, in 2006...
briefed the Lhengye Zhungtshog
Lhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
(Council of Ministers, or Cabinet), the Chief Justice, and the Chairman of the Royal Advisory Council on the need to draft a formal Constitution for the Kingdom of Bhutan. The King expressed his desire that the Lhengye Zhungtshog and the Chief Justice should hold discussions on formulating the Draft Constitution. While Bhutan did not have a formal Constitution, the King believed all the principles and provisions of a Constitution were covered under the various written laws and legislation which guided the actions of the King and the functioning of the Royal Government, the judiciary and the National Assembly of Bhutan. Nevertheless, with the country and the people having successfully achieved a high level of development and political maturity, the time had come for a formal Constitution for the Kingdom of Bhutan.
The King emphasized that the Constitution must promote and protect the present as well as the future well-being of the people and the country. He stated the Constitution must ensure that Bhutan had a political system that would provide peace and stability, and also strengthen and safeguard Bhutan's security and sovereignty. The King decided the Lhengye Zhungtshog should, therefore, establish a committee to draft the Constitution for the Kingdom of Bhutan. The King said that the Drafting Committee should comprise government officials, National Assembly members, and eminent citizens who were well qualified, had a good understanding of the laws of Bhutan, and who would be able to contribute towards drafting the Constitution.
On November 30, 2001, the King inaugurated the outset of its drafting with a ceremony. By 2005, the Royal Government had circulated copies of the draft among the civil service and local governments in order to receive locals' feedback.
Provisions of the Constitution of Bhutan
The provisions of the Constitution of Bhutan appear below, grouped into thematic order for the convenience of the reader.Basic provisions
The Constitution defines the Kingdom of BhutanBhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
as a democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
belonging to the people of the Kingdom. The territory of Bhutan is divided into 20 Dzongkhags
Districts of Bhutan
Bhutan comprises twenty districts .-Districts:-District Statistics:The results of the 2005 census appear below:...
(Districts) with each consisting of Gewogs (Counties) and Thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
s (Municipalities). Dzongkha is the national language
National language
A national language is a language which has some connection—de facto or de jure—with a people and perhaps by extension the territory they occupy. The term is used variously. A national language may for instance represent the national identity of a nation or country...
of Bhutan, and the National Day
National Day
The National Day is a designated date on which celebrations mark the nationhood of a nation or non-sovereign country. This nationhood can be symbolized by the date of independence, of becoming republic or a significant date for a patron saint or a ruler . Often the day is not called "National Day"...
of Bhutan is December 17.
The Constitution is the supreme law of the State and affirms the authority of legal precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
:
All laws in force in the territory of Bhutan at the time of adopting this Constitution continues until altered, repealed or amended by Parliament. However, the provisions of any law, whether made before or after the coming into force of this Constitution, which are inconsistent with this Constitution, shall be null and void.
The Supreme Court of Bhutan is the guardian of the Constitution and the final authority on its interpretation.
Rights over natural resources vest in the State and are thus properties of the State and regulated by law.
Throughout the Constitution, retirement is mandated for most civil servants upon reaching age 65. Notably, this includes the reigning King whenever possible.
The monarchy and the royal family
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
. The Druk Gyalpo (King of Bhutan) is the Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and the symbol of unity of the Kingdom and of the people of Bhutan. The Constitution establishes the "Chhoe-sid-nyi
Dual system of government
The Dual System of Government or Cho-sid-nyi is the traditional diarchal political system of Tibetan peoples whereby the Desi coexists with the spiritual authority of the realm, usually unified under a third single ruler. The actual distribution of power between institutions varied over time and...
" (dual system of religion and politics) of Bhutan as unified in the person of the King who, as a Buddhist, is the upholder of the Chhoe-sid (religion and politics; temporal and secular). In addition, the King is the protector of all religions in Bhutan
Religion in Bhutan
Approximately two-thirds to three-quarters of the population practice Drukpa Kagyupa or Ningmapa Buddhism, both of which are disciplines of Mahayana Buddhism. Approximately one-quarter of the population is ethnic Nepalese and practice Hinduism...
. The King is also the Supreme Commander in Chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the Armed Forces and the Militia of Bhutan
Military of Bhutan
The branches of the armed forces of Bhutan are the Royal Bhutan Army, Royal Bodyguards, Militia, and Royal Bhutan Police. Being a landlocked country, Bhutan doesn't have a navy. Additionally, Bhutan does not have an air force, although the Royal Bhutan Army does have a very small air arm which...
. The King is not answerable in a court of law
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
for his actions, and his person is sacrosanct. However, the King is mandated to protect and uphold the Constitution "in the best interest and for the welfare of the people of Bhutan." Furthermore, there are Constitutional provisions for involuntary abdication in the event the King violates the Constitution.
The Constitution entitles the King and the royal family to annuities from the State in accordance with law made by Parliament; all rights and privileges including the provision of palaces and residences for official and personal use; and exemption from taxation on the royal annuity and properties. The Constitution also limits the membership of the royal family to reigning and past Monarchs, their Queens and their Royal Children born of lawful marriage.
Article 2 Section 26 states that Parliament may make no laws nor exercise its powers to amend the provisions regarding the monarchy and Bhutan's government as a "Democratic Constitutional Monarchy" except through a national referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
.
Royal prerogatives
Under the Constitution, the King, in exercise of his Royal PrerogativeRoyal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
s (and as Head of State), promotes goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries. The King may also award titles, decorations, dar
DAR
Dar may refer to:* Dar, Azerbaijan, a village* Dar es Salaam * Dar , a Kashmiri tribe in India and Pakistan* Dar, Russian title of Vladimir Nabokov's book The Gift...
for Lhengye and Nyi-Kyelma (conferring a red scarf of rank and honour with the title of "Dasho") in accordance with tradition and custom.
Also among the Royal Prerogatives are the grants of citizenship
Immigration in Bhutan
Immigration in Bhutan has an extensive history and has become one of the country's most contentious social, political, and legal issues. Since the twentieth century, Bhutanese immigration and citizenship laws have been promulgated as acts of the royal government, often by decree of the Druk Gyalpo...
, amnesty, pardon and reduction of sentences; and land "kidu" and other "kidus" (benefits).
The King may, by Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
, command bills and other measures to be introduced in Parliament. Furthermore, bills of Parliament are ultimately subject to veto and modification by the King, however he must assent to bills resubmitted after joint sitting and deliberation. The King may also exercise powers "relating to matters which are not provided for under this Constitution or other laws."
Succession and retirement
Law of succession
Laws of succession govern the order of succession to various monarchies. Some laws of succession include:-United Kingdom:*British succession**Act of Settlement 1701-France:*Kings of France**Salic law* Legitimist claimants to the throne of France...
of the Golden Throne of Bhutan. Under this Section, title to the throne vests in the legitimate descendants of King Ugyen Wangchuck
Ugyen Wangchuck
Gongsa Ugyen Wangchuck was the first King of Bhutan from 1907 to 1926.He was born in 1862 to Jigme Namgyal, penlop of Trongsa and Ashi Pema Choki. He succeeded his father as Penlop of Trongsa...
, enshrined on December 17, 1907. Title may pass only to children born of lawful marriage, by hereditary succession to direct lineal descendants in order of seniority upon the abdication or demise of the King. Article 2 Section 6 provides that upon reaching age 65, the King must retire (abdicate)
Abdication
Abdication occurs when a monarch, such as a king or emperor, renounces his office.-Terminology:The word abdication comes derives from the Latin abdicatio. meaning to disown or renounce...
in favor of the Crown Prince
Crown Prince
A crown prince or crown princess is the heir or heiress apparent to the throne in a royal or imperial monarchy. The wife of a crown prince is also titled crown princess....
or Crown Princess, provided the royal heir has reached age 21.
There is a stated preference that a prince take precedence over a princess, however this is subject to the exception that if there are "shortcomings in the elder prince, it is the sacred duty of the King to select and proclaim the most capable prince or princess as heir to the Throne." Title to the throne may also pass to the child of the Queen who is pregnant at the time of the demise of the King if no lineal heir exists. Such is an example of semi-Salic law
Salic law
Salic law was a body of traditional law codified for governing the Salian Franks in the early Middle Ages during the reign of King Clovis I in the 6th century...
.
If there are no present or prospective lineal heirs, title passes to the nearest collateral line of the descendants of the King in accordance with the principle of lineal descent, with preference being given for elder over the younger. Title may never pass to children incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity, nor to anyone whose spouse is a person other than a natural born citizen of Bhutan.
The successor to the Throne receives dar
DAR
Dar may refer to:* Dar, Azerbaijan, a village* Dar es Salaam * Dar , a Kashmiri tribe in India and Pakistan* Dar, Russian title of Vladimir Nabokov's book The Gift...
(a scarf that symbolizes the conferring of rank) from the Machhen (the holy relic) of Shabdrung Ngawang Namgyal at Punakha Dzong
Punakha Dzong
The Punakha Dzong, also known as Pungtang Dechen Photrang Dzong is the administrative centre of Punakha dzongkhag in Punakha, Bhutan. Constructed by Zhabdrung Ngawang Namgyal in 1637–38, it is the second oldest and second largest dzong in Bhutan and one of its most majestic structures...
, and is crowned on the Golden Throne. Upon the ascension of the King to the Throne, the members of the royal family, the members of Parliament, and the holders of offices requiring appointment by the King must take an oath of allegiance
Oath of allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
to the King.
Regency
The Constitution provides a procedural framework for a Council of RegencyRegent
A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...
. A Council of Regency is established when the King has temporarily relinquished, by Proclamation, the exercise of the Royal Prerogatives; or when it has been resolved by at least ¾ of the total number of members of Parliament in a joint sitting that the King is unable to exercise the Royal Prerogatives by reason of temporary physical or mental infirmity; or the King abdicates or dies and the successor to the throne has not attained the age 21. These provisions are effective until the royal heir presumptive
Heir Presumptive
An heir presumptive or heiress presumptive is the person provisionally scheduled to inherit a throne, peerage, or other hereditary honour, but whose position can be displaced by the birth of an heir or heiress apparent or of a new heir presumptive with a better claim to the position in question...
reaches age 21 and becomes Regent by right.
When the successor to the throne reaches age 21, or when the King resumes the exercise of the Royal Prerogatives, notice must be given by Proclamation. However, when the King regains the ability to exercise the Royal Prerogatives, notice is given to that effect by resolution of Parliament.
The Council of Regency collectively exercises the Royal Prerogatives and the powers vested in the King. The Council of Regency is composed of 6 members: one senior member of the royal family nominated by the Privy Council (below), the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the leader of the Opposition Party.
Privy Council
The Constitution establishes a Privy CouncilPrivy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
of four persons, consisting of two members appointed by the King, one member nominated by the Lhengye Zhungtshog (Council of Ministers), and one member nominated by the National Council. The Privy Council is responsible for: all matters pertaining to the privileges and conduct of the King and the royal family; rendering advice to the King on matters concerning the Throne and the royal family; all matters pertaining to crown properties; and any other matter as may be commanded by the King.
Royal appointments
Under Article 2 Section 19, the King appoints a significant number of high-level Government officers. Judicial appointees, the Auditor General, and the Chairs of Anti-Corruption, Civil Service, and Election Commissions are holders of Constitutional Office.The King appoints most of the upper Judicial branch: the Chief Justice of Bhutan and the Drangpons (Associate Justices) of the Supreme Court; the Chief Justice and Drangpons (Associate Justices) of the High Court. These judicial appointments are made from among the vacant positions' peers, juniors, and available eminent jurists in consultation with the National Judicial Commission
Judicial system of Bhutan
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008...
(below). Dungkhag Court jurists are not appointed by the King.
The King also appoints, from lists of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the Leader of the Opposition Party, four kinds of high-level Government: the Chief Election Commissioner and other members of the Election Commission
Elections in Bhutan
Elections in Bhutan are conducted at national and local levels. Suffrage is universal for citizens 18 and over, and under applicable election laws...
; the Auditor General of the Royal Audit Authority; the Chairperson and other members of the Royal Civil Service Commission; and the Chairperson and other members of the Anti-Corruption Commission. The term for each position is 5 years. Referenced for incorporation
Incorporation by reference
Incorporation by reference is the act of including a second document within another document by only mentioning the second document. This act, if properly done, makes the entire second document a part of the main document...
are the Bhutanese Audit Act, Bhutanese Civil Service Act, Bhutanese Anti-Corruption Act, and Attorney General Act
Attorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
; references to existing Election Laws
Elections in Bhutan
Elections in Bhutan are conducted at national and local levels. Suffrage is universal for citizens 18 and over, and under applicable election laws...
also appear throughout the Constitution.
The King appoints positions other than Constitutional Officers on the advice of other bodies. He appoints the heads of the Defence Forces from a list of names recommended by the Service Promotion Board. The King appoints the Attorney General of Bhutan
Attorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
, the Chairperson of the Pay Commission, the Governor of the Central Bank of Bhutan
Royal Monetary Authority of Bhutan
The Royal Monetary Authority of Bhutan is the central bank of Bhutan and is a member of the Asian Clearing Union. It is also the minting authority for the Bhutanese ngultrum. The Royal Monetary Authority of Bhutan was established under the Royal Monetary Authority of Bhutan Act of 1982...
, the Cabinet Secretary, and Bhutanese ambassadors and consuls on the recommendation of the Prime Minister. The King also appoints Dzongdags
Dzongkhag
A dzongkhag is an administrative and judicial district of Bhutan. The twenty dzongkhags of Bhutan are further divided into 205 gewogs. Some larger dzongkhags have one or more of an intermediate judicial division, known as dungkhags , which themselves comprise two or more gewogs...
to head Local Governments, and other secretaries to the Government on the recommendation of the Prime Minister who obtains nominations from the Royal Civil Service Commission on the basis of merit and seniority and in accordance with other relevant rules and regulations. The King appoints the Secretary General of the respective Houses on the recommendation of the Royal Civil Service Commission.
The King also appoints the Je Khenpo
Je Khenpo
The Je Khenpo , formerly called the Dharma Raj by orientalists, is the title given to the senior religious hierarch of Bhutan. His primary duty is to lead the Dratshang Lhentshog of Bhutan, which oversees the Central Monastic Body, and to arbitrate on matters of doctrine, assisted by lopons...
(below) as the spiritual leader of Bhutan. Finally, as indicated above, the King appoints 2 of the 4 members of the Privy Council.
Voluntary and involuntary abdication
The Constitution provides substantive and procedural law for two paths of abdicationAbdication
Abdication occurs when a monarch, such as a king or emperor, renounces his office.-Terminology:The word abdication comes derives from the Latin abdicatio. meaning to disown or renounce...
for reigning monarchs: voluntary and involuntary. As stated above, the King may relinquish the exercise of Royal Prerogatives, and such relinquishment may be temporary.
The Constitution provides that the King must abdicate the throne for willful violations of the Constitution or for suffering permanent mental disability. Either must be upon a motion passed by a joint sitting of Parliament. The motion for abdication must be tabled for discussion at a joint sitting of Parliament (presided by the Chief Justice of Bhutan) if at least ⅔ of the total number of the members of Parliament submits such a motion stating its basis and grounds. The King may respond to the motion in writing or by addressing the joint sitting of Parliament in person or through a representative.
If, at such joint sitting of Parliament, at least ¾ of the total number of members of Parliament passes the motion for abdication, then such a resolution is placed before the people in a National Referendum to be approved or rejected. If the National Referendum passes in all the Dzongkhags in the Kingdom, the King must abdicate in favour of the heir apparent
Heir apparent
An heir apparent or heiress apparent is a person who is first in line of succession and cannot be displaced from inheriting, except by a change in the rules of succession....
.
Buddhism
The Constitution states that BuddhismBuddhism
Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...
is the spiritual heritage of Bhutan. Buddhism is described as promoting the principles and values of peace, non-violence, compassion and tolerance. The Constitution places upon religious institutions and personalities the responsibility to promote the spiritual heritage of Bhutan while also ensuring that religion remains separate from politics in Bhutan. Religious institutions and personalities are explicitly required to remain above politics. The sole Constitutional exception is the King under the Chhoe-sid-nyi
Dual system of government
The Dual System of Government or Cho-sid-nyi is the traditional diarchal political system of Tibetan peoples whereby the Desi coexists with the spiritual authority of the realm, usually unified under a third single ruler. The actual distribution of power between institutions varied over time and...
(dual system of religion and politics). Thus, while religion and politics are officially separate, the Buddhist Drukpa Lineage is the state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...
of Bhutan.
The King appoints the Je Khenpo
Je Khenpo
The Je Khenpo , formerly called the Dharma Raj by orientalists, is the title given to the senior religious hierarch of Bhutan. His primary duty is to lead the Dratshang Lhentshog of Bhutan, which oversees the Central Monastic Body, and to arbitrate on matters of doctrine, assisted by lopons...
on the recommendation of the Five Lopons (teachers). The Je Khenpo must be a learned and respected monk ordained in accordance with the Druk-lu tradition, having the nine qualities of a spiritual master and accomplished in ked-dzog. The Je Khenpo appoints, on the recommendation of the Dratshang Lhentshog
Dratshang Lhentshog
The Dratshang Lhentshog is the Commission for the Monastic Affairs of Bhutan. Under the 2008 Constitution, it is the bureaucracy that oversees the Drukpa Kagyu sect that is the state religion of Bhutan...
(Commission for the Monastic Affairs), the Five Lopons from among monks with the nine qualities of a spiritual master and accomplished in ked-dzog (stages of development and completion in Vajrayana
Vajrayana
Vajrayāna Buddhism is also known as Tantric Buddhism, Tantrayāna, Mantrayāna, Secret Mantra, Esoteric Buddhism and the Diamond Vehicle...
practice). The membersip of the Dratshang Lhentshog comprises 7 people: the Je Khenpo as Chairman; the Five Lopons of the Zhung Dratshang (Central Monastic Body); and the Secretary of the Dratshang Lhentshog who is a civil servant. The Zhung Dratshang and Rabdeys (monastic bodies in the dzongs other than Punakha
Punakha
thumb|right|Punakha Dzong and the [[Mo Chhu]]Punakha is the administrative centre of Punakha dzongkhag, one of the 20 districts of Bhutan. Punakha was the capital of Bhutan and the seat of government until 1955, when the capital was moved to Thimphu. It is about 72 km away from Thimphu and it...
& Thimphu
Thimphu
Thimphu also spelt Thimpu, is the capital and largest city of Bhutan. It is situated in the western central part of Bhutan and the surrounding valley is one of Bhutan's dzongkhags, the Thimphu District. The city became the capital of Bhutan in 1961...
) are to receive adequate funds and other facilities from the State.
Culture of Bhutan
Music of Bhutan
The music of Bhutan is an integral part of its culture and plays a leading role in transmitting social values. Traditional Bhutanese music includes a spectrum of subgenres, ranging from folk to religious song and music. Some genres of traditional Bhutanese music intertwine vocals, instrumentation,...
, visual arts
Bhutanese art
Bhutanese art is similar to the art of Tibet. Both are based upon Vajrayana Buddhism, with its pantheon of divine beings.The major orders of Buddhism in Bhutan are Drukpa Kagyu and Nyingma. The former is a branch of the Kagyu School and is known for paintings documenting the lineage of Buddhist...
and religion to enrich society and the cultural life
Culture of Bhutan
Cradled in the folds of the Himalayas, Bhutan has relied on its geographic isolation to protect itself from outside cultural influences. A sparsely populated country bordered by India to the south and China to the north, Bhutan has long maintained a policy of strict isolationism, both culturally...
of the citizens. It must also recognize culture as an evolving dynamic force and endeavour to strengthen and facilitate the continued evolution of traditional values and institutions that are sustainable as a progressive society. The State must conserve and encourage research on "local" arts, custom, knowledge and culture.
The Constitution allows Parliament to enact any such legislation
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
as may be necessary to advance the cause of the cultural enrichment of Bhutanese society.
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
. The Constitution states that every Bhutanese is a trustee of the Kingdom's natural resource
Natural resource
Natural resources occur naturally within environments that exist relatively undisturbed by mankind, in a natural form. A natural resource is often characterized by amounts of biodiversity and geodiversity existent in various ecosystems....
s and environment
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
for the benefit of the present and future generations and declares it the fundamental duty of every citizen to contribute to protection, conservation, and prevention of all forms of ecological degradation including noise, visual and physical pollution. This Article mandates the adoption and support of environment friendly practices and policies.
The Government itself pledges to protect, conserve and improve the pristine environment and safeguard the biodiversity of the country; prevent pollution and ecological degradation; secure ecologically balanced sustainable development while promoting justifiable economic and social development; and ensure a safe and healthy environment. To this end, it promises that a minimum of 60 percent of Bhutan's total land shall be maintained as forest for all time.
Parliament may enact environmental legislation to ensure sustainable use of natural resources, maintain intergenerational equity, and reaffirm the sovereign rights of the State over its own biological resources. Parliament may also declare any part of the country to be a National Park, Wildlife Reserve, Nature Reserve, Protected Forest, Biosphere Reserve, Critical Watershed and such other categories meriting protection.
Citizenship
The Constitution provides three categories of citizenshipCitizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
. First, "natural born citizens" are children of two citizen parents. This is an ambilineal
Ambilineality
Ambilineality is a system containing both unilineal descent groups, namely patrilineal and matrilineal, in which one belongs to one's father's and/or mother's descent group, or lineage...
jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
citizenship law.
Second, "citizens by registration" are those who can prove domicile in Bhutan by December 31, 1958 by showing registration in the official record of the Government of Bhutan.
Third, "citizens by naturalization" are those who have applied for, and were granted, naturalization. Naturalization requires applicants to have lawfully resided in Bhutan for at least 15 years; have no record of imprisonment for criminal offences within the country or outside; can speak and write Dzongkha; have a good knowledge of the culture, customs, traditions and history of Bhutan; and have no record of having spoken or acted against the Tsawa-sum. They must also renounce the citizenship, if any, of a foreign State on being conferred Bhutanese citizenship; and take a solemn Oath of Allegiance to the Constitution as may be prescribed. The grant of citizenship by naturalization takes effect by a Royal Kasho (written order) of the King.
The Constitution prohibits dual citizenship. If citizens of Bhutan acquire another citizenship, their Bhutanese citizenship is terminated.
The Constitution confers the power to regulate all matters relating to citizenship to Parliament, subject to the Citizenship Acts.
Fundamental rights
The Constitution, in Article 7, guarantees a number of Fundamental RightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, variously to all persons and to citizens of Bhutan.
All persons have the right to life, liberty and security of person and is not deprived of such rights except in accordance with the due process of law
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
. This is an explicit due process guarantee.
All persons in Bhutan have the right to material interests resulting from any scientific, literary or artistic production of which he or she is the author or creator. This is a universal guarantee based in intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law.
All persons are equal before the law and are entitled to equal and effective protection of the law. They must not be discriminated against on the grounds of race, sex, language, religion, politics or other status. This law prohibits institutional discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
on the basis of status
Status
Status , is a state, condition, or situation.Status may also refer to:* Social status, in sociology** Achieved status** Ascribed status** Master status** Political status** Socioeconomic status** Sociometric status...
(Cf. American Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
).
All persons are guaranteed freedom from torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
or to cruel, inhuman or degrading treatment or punishment; capital punishment
Capital punishment in Bhutan
In Bhutan, capital punishment has been abolished since March 20, 2004 and is currently prohibited by the 2008 Constitution. The prohibition appears among a number of fundamental rights guaranteed by the Bhutanese Constitution...
; arbitrary or unlawful interference with his or her privacy, family, home or correspondence; arbitrary arrest or detention; and from unlawful attacks on the person's honour and reputation. The former are guarantees of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and privacy rights
Privacy law
Privacy law refers to the laws which deal with the regulation of personal information about individuals which can be collected by governments and other public as well as private organizations and its storage and use....
; the latter represents laws against slander and libel.
No person may be compelled to belong to another faith by means of coercion or inducement. This is a legal tautology for freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
.
No person may be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law. (Cf. Common Law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
concepts of "eminent domain
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
" and "just compensation
Just compensation
Just Compensation is required to be paid by the Fifth Amendment to the U.S. Constitution when private property is taken for public use...
.")
Persons charged with a penal offence are presumed innocent until proven guilty in accordance with the law. This is an explicit statement of the presumption of innocence
Presumption of innocence
The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
. All persons have the right to consult and be represented by a Bhutanese jabmi (attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
) of their choice. This is an explicit statement of all persons' right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
.
Bhutanese citizens have the right to freedom of speech, opinion and expression; the right to information; the right to freedom of thought, conscience and religion; the right to vote; the right to freedom of movement and residence within Bhutan; the right to equal access and opportunity to join the Public Service; the right to own property (but not the right to sell or transfer land or any immovable property to non-citizens, except as allowed by Parliament); the right to practice any lawful trade, profession or vocation; the right to equal pay for work of equal value; the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country; and the right not to be compelled to belong to any association.
The Constitution guarantees freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, radio and television and other forms of dissemination of information, including electronic.
However, the State may subject persons to reasonable restriction by law, when it concerns the interests of the sovereignty, security, unity and integrity of Bhutan; the interests of peace, stability and well-being of the nation; the interests of friendly relations with foreign States; incitement to an offence on the grounds of race, sex, language, religion or region; the disclosure of information received in regard to the affairs of the State or in discharge of official duties; or the rights and freedom of others.
All persons in Bhutan have the right to initiate appropriate proceedings in the Supreme Court or High Court for the enforcement of the rights conferred by Article 7, subject to the above reasonable restriction by law.
Fundamental duties
Article 8 of the Constitution defines Fundamental DutiesDuty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
in Bhutan. All persons must respect the National Flag
Flag of Bhutan
The national flag of Bhutan is one of the national symbols of Bhutan. The flag is based upon the tradition of the Drukpa Lineage of Tibetan Buddhism and features Druk, the Thunder Dragon of Bhutanese mythology. The basic design of the flag by Mayum Choying Wangmo Dorji dates to 1947...
and the National Anthem
Druk tsendhen
Druk tsendhen is the national anthem of Bhutan.Adopted in 1953, the music is by Aku Tongmi and the words are by Dasho Gyaldun Thinley. Tongmi was educated in India and was recently appointed leader of the military brass band when the need for an anthem rose at the occasion of a state visit from...
. No persons may tolerate or participate in acts of injury, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
or killing of another person
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, abuse of women, children or any other person, and must take necessary steps to prevent such acts. All persons have the responsibility to provide help, to the greatest possible extent, to victims of accidents and in times of natural calamity
Natural disaster
A natural disaster is the effect of a natural hazard . It leads to financial, environmental or human losses...
; to safeguard public property
Public property
Public property is property, which is dedicated to the use of the public. It is a subset of state property. The term may be used either to describe the use to which the property is put, or to describe the character of its ownership...
; and to pay tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
es in accordance with the law. All persons have the duty to uphold justice and to act against corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
; to act in aid of the law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
; and to respect and abide by the provisions of the Constitution.
Bhutanese citizens must preserve, protect and defend the sovereignty, territorial integrity, security and unity of Bhutan. Bhutanese citizens must render national service
National service
National service is a common name for mandatory government service programmes . The term became common British usage during and for some years following the Second World War. Many young people spent one or more years in such programmes...
when called upon to do so by Parliament. They have the duty to preserve, protect and respect the environment
Natural environment
The natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
, culture
Culture of Bhutan
Cradled in the folds of the Himalayas, Bhutan has relied on its geographic isolation to protect itself from outside cultural influences. A sparsely populated country bordered by India to the south and China to the north, Bhutan has long maintained a policy of strict isolationism, both culturally...
and heritage of the nation; and to foster tolerance, mutual respect and spirit of brotherhood amongst all the people of Bhutan
Demographics of Bhutan
This article is about the demographic features of the population of Bhutan, including population density, ethnicity, education level, health of the populace, economic status, religious affiliations and other aspects of the population....
transcending religious, linguistic, regional or sectional diversities.
State policy
Article 9 defines the principles of state policyPublic policy
Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs. In general, the foundation is the pertinent national and...
. By the language of the Constitution, some provisions of the mandate are obligatory, while others listed in Article 9 are precatory, stating that "the State shall endeavour" to fulfill certain guarantees.
Social policy
The State must provide free educationFree education
Free education refers to education that is funded through taxation, or charitable organizations rather than tuition fees. Although primary school and other comprehensive or compulsory education is free in many countries, for example, all education is mostly free including...
to all children of school going age up to grade 10, ensure that technical
Technical school
Technical school is a general term used for two-year college which provide mostly employment-preparation skills for trained labor, such as welding, culinary arts and office management.-Associations supporting technical schools:...
and professional education
Professional school
A professional school is a school type that prepares students for careers in specific fields.Examples of this type of school include:* Architecture school* Business school* Dental school* Education school* Journalism school* Law school* Library school...
is made generally available, and ensure that higher education is equally accessible to all on the basis of merit. It must also provide free access
Universal health care
Universal health care is a term referring to organized health care systems built around the principle of universal coverage for all members of society, combining mechanisms for health financing and service provision.-History:...
to basic public health services
Health in Bhutan
Health in Bhutan is one of the government's highest priorities in its scheme of development and modernization. Health and related issues are overseen by the Ministry of Health, itself represented on the executive Lhengye Zhungtshog by the Minister of Health...
in both modern
Medicine
Medicine is the science and art of healing. It encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness....
and traditional medicines
Traditional Tibetan medicine
Traditional Tibetan medicine is a centuries-old traditional medical system that employs a complex approach to diagnosis, incorporating techniques such as pulse analysis and urinalysis, and utilizes behavior and dietary modification, medicines composed of natural materials and physical therapies...
; and encourage free participation in the cultural life of the community, promote arts and sciences and foster technological innovation. The State must also encourage and foster private sector
Private sector
In economics, the private sector is that part of the economy, sometimes referred to as the citizen sector, which is run by private individuals or groups, usually as a means of enterprise for profit, and is not controlled by the state...
development through fair market competition and prevent commercial monopolies.
The State endeavours to apply State Policy to ensure a good quality of life for the people of Bhutan in a progressive and prosperous country that is committed to peace and amity in the world. It strives to promote conditions that will enable the pursuit of Gross National Happiness
Gross national happiness
The assessment of gross national happiness was designed in an attempt to define an indicator that measures quality of life or social progress in more holistic and psychological terms than only the economic indicator of gross domestic product .-Origins and meaning:The term...
.
The State also endeavours to guarantee human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
. It endeavours to create a civil society free of oppression, discrimination and violence; based on the rule of law, protection of human rights and dignity. It also endeavours to ensure the right to work
Right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
, vocational guidance and training and just and favourable conditions of work. It strives to provide education for the purpose of improving and increasing knowledge, values and skills of the entire population with education being directed towards the full development of the human personality. The State endeavours to take appropriate measures to eliminate all forms of discrimination and exploitation against women and children; and to promote those conditions that are conducive to co-operation in community life and the integrity of the extended family
Extended family
The term extended family has several distinct meanings. In modern Western cultures dominated by nuclear family constructs, it has come to be used generically to refer to grandparents, uncles, aunts, and cousins, whether they live together within the same household or not. However, it may also refer...
structure.
The State further endeavours to ensure fundamental rights listed under Article 7; to provide justice through a fair, transparent and expeditious process; to safeguard legal aid to secure justice; and to protect the telephonic, electronic, postal or other communications of all persons in Bhutan from unlawful interception or interruption. These are further guarantees of due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
and privacy
Privacy law
Privacy law refers to the laws which deal with the regulation of personal information about individuals which can be collected by governments and other public as well as private organizations and its storage and use....
.
Crossing into religion, the State strives to create conditions that will enable the true and sustainable development of a good and compassionate society rooted in Buddhist ethos and universal human values.
Economic policy
The Constitution declares the State's economic endeavours. The State endeavours to develop and execute policies to minimize inequalities of income, concentration of wealth, and promote equitable distribution of public facilities among individuals and people living in different parts of the Kingdom. Thus, the State's policy in carrying out its objectives is somewhat Buddhist-socialistBuddhist socialism
Buddhist socialism is a political ideology which advocates socialism based on the principles of Buddhism.Buddhist socialists have called for state provision of the Buddhist requisites of food, shelter, clothing and medicine, for the abolition or amelioration of class distinctions, for campaigns for...
. The State also endeavours to achieve economic self-reliance and promote open and progressive economy; to ensure the right to fair and reasonable remuneration for one's work; to ensure the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay; and to provide security
Welfare
Welfare refers to a broad discourse which may hold certain implications regarding the provision of a minimal level of wellbeing and social support for all citizens without the stigma of charity. This is termed "social solidarity"...
in the event of sickness and disability or lack of adequate means of livelihood for reasons beyond one's control. The State also endeavours to ensure that all the Dzongkhags are treated with equity on the basis of different needs so that the allocation of national resources results in comparable socio-economic development.
The Constitution defines the Government's role in finance, trade and commerce. It authorizes the Government to raise loans, make grants, or guarantee loans. It also sets up a regulatory framework for the Consolidated Fund, Bhutan's general public assets.
Branches of government
The Constitution mandates the separation of the legislative, executiveExecutive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and judicial branches except to the extent provided for by the Constitution. The legislative branch is the bicameral Parliament of Bhutan
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
. The executive branch is the Lhengye Zhungtshog
Lhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
(cabinet), headed by the Prime Minister and supported by subsidiary government agencies. The politically independent judicial branch is the Royal Court of Justice, which is reviewed by the Supreme Court of Bhutan
Supreme Court of Bhutan
The Supreme Court of Bhutan is the Kingdom's highest court of review and interpreter of the Constitution. The Supreme Court consists of one Chief Justice and five Drangpons...
. Within these branches of government, only members of the executive and the National Assembly
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
(the lower house of Parliament) may hold political party affiliations.
Legislative branch and operation
The National Council of Bhutan
National Council of Bhutan
The National Council is the upper house of Bhutan's new bicameral Parliament, which also comprises the Druk Gyalpo and the National Assembly. It is the subordinate house, and cannot author monetary or budget-related bills...
is the upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
, or house of review in the bicameral legislature
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
. It consists of 25 members: one directly elected from each of the 20 Dzongkhags
Districts of Bhutan
Bhutan comprises twenty districts .-Districts:-District Statistics:The results of the 2005 census appear below:...
(Districts) and 5 appointed by the King. The National Council meets at least twice a year. The membership elects a Chairperson and Deputy Chairperson from its number. Members and candidates of the National Council are prohibited from holding political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
affiliation.
The National Assembly of Bhutan
National Assembly of Bhutan
The National Assembly is the elected lower house of Bhutan's new bicameral Parliament which also comprises the Druk Gyalpo and the National Council. It is the more powerful house.- Current National Assembly :...
is the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
of parliament. It consists of a maximum of 55 members directly elected by the citizens of constituencies within each Dzongkhag
Districts of Bhutan
Bhutan comprises twenty districts .-Districts:-District Statistics:The results of the 2005 census appear below:...
(District). Under this system of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
, each constituency is represented by one National Assembly member; each of the 20 Dzongkhags must be represented by between 2–7 members. Constituencies are reapportioned every 10 years. The National Assembly meets at least twice a year, and elects a Speaker and Deputy Speaker from among its members. Members and candidates may be members of political parties.
The Constitution details procedures for the passing of bills and other procedural requirements of governance. Bhutanese legislation
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
must be presented bicamerally, at times in joint sitting of the National Council and National Assembly, however bills may pass by default without vote when none is conducted before the close of the present session. Bills are ultimately subject to veto and modification by the King, however the King must assent to bills resubmitted after joint sitting and deliberation by the National Council and National Assembly.
The National Assembly may, with support of at least ⅓ of its members, motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
in the Government. If the vote passes with at least ⅔ support, the King must dismiss the Government.
The Constitution defines the rights and duties of the opposition party
Opposition (parliamentary)
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. Note that this article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state...
in Parliament. It also lays a framework for the formation, function, and dissolution of interim governments
Provisional government
A provisional government is an emergency or interim government set up when a political void has been created by the collapse of a very large government. The early provisional governments were created to prepare for the return of royal rule...
.
Executive
Executive power is vested in the Lhengye ZhungtshogLhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
(Council of Ministers, or Cabinet), which consists of the Ministers headed by the Prime Minister.
The Constitution sets forth the procedure of the formation of government and its ministries, providing for the post of Prime Minister and the other Ministers of Bhutan. The King recognizes the leader or nominee of the party that wins the majority of seats in the National Assembly as the Prime Minister. The Prime Minister is limited to two terms of office. Other Ministers are appointed from among National Assembly members by the King on advice of the Prime Minister. All Ministers must be natural-born citizens of Bhutan. There is a limit of two Ministers from any one Dzongkhag.
The number of other Ministers is determined by the number of Ministries required to provide efficient and good governance. Creation of an additional ministry or reduction of any ministry must be approved by Parliament. The Lhengye Zhungtshog must aid and advise the King in the exercise of his functions as Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
including international affairs
Foreign relations of Bhutan
Bhutan has diplomatic relations with 27 states, and with the European Union.In 1971, sponsored by India, Bhutan began to develop its foreign relations by joining the UN, though it has no diplomatic relations with any of the permanent members on the UN Security Council...
, provided that the King may require the Lhengye Zhungtshog to reconsider such advice. The Prime Minister must keep the King informed from time to time about the affairs of the State, including international affairs, and must submit such information and files as called for by the King.
The Lhengye Zhungtshog must assess the state of affairs in Government and society, at home and abroad; define the goals of State action and determine the resources required to achieve them; plan and co-ordinate government policies and ensure their implementation; and represent the Kingdom at home and abroad. The Lhengye Zhungtshog are collectively responsible to the King and to Parliament. The Executive cannot issue any executive order, circular, rule or notification inconsistent with, modifying, varying or superseding the laws of Bhutan.
Judiciary
Article 21 pertains to the judiciary. The duty of the Judiciary of BhutanJudicial system of Bhutan
The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008...
is to safeguard, uphold, and administer justice fairly and independently without fear, favour, or undue delay in accordance with the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
to inspire trust and confidence and to enhance access to justice. The judicial authority of Bhutan is vested in the Royal Court of Justice, comprising the Supreme Court
Supreme Court of Bhutan
The Supreme Court of Bhutan is the Kingdom's highest court of review and interpreter of the Constitution. The Supreme Court consists of one Chief Justice and five Drangpons...
, the High Court
High Court of Bhutan
Under the 2008 Constitution, the High Court of Bhutan consists of the Chief Justice and eight Drangpons . The Chief Justice and Drangpons of the High Court are appointed from among juniors, peers, and eminent jurists by the Druk Gyalpo...
, the Dzongkhag Court
Dzongkhag Court
The Dzongkhag Court exists in each of Bhutan's 20 Dzongkhags, and is the court of first instance of the Royal Court of Justice in 14 of the 20 Dzongkhags of Bhutan. In the remaining 6 Dzongkhags there exists a further subdivision, Dungkhag, which is the basic level of judicial administration in...
s, the Dungkhag Court
Dungkhag Court
The Dungkhag Court is the court of first instance of the Royal Court of Justice in 6 of the 20 Dzongkhags of Bhutan which have Dungkhag administrative divisions; in the remaining 14 Dzongkhags, the Dzongkhag Court is the court of first instance. There are a total of 13 Dungkhags in the 6...
s, and such other courts and tribunals as may be established by the King on the recommendation of the National Judicial Commission.
The Supreme Court of Bhutan
Supreme Court of Bhutan
The Supreme Court of Bhutan is the Kingdom's highest court of review and interpreter of the Constitution. The Supreme Court consists of one Chief Justice and five Drangpons...
, which comprises the Chief Justice and four Drangpons, is the highest appellate authority to entertain appeals against the judgments, orders, or decisions of the High Court in all matters. The Supreme Court is a court of record. The Chief Justice of Bhutan, Drangpons (Associate Justices) of the Supreme Court are appointed by the King. The term of office of the Chief Justice of Bhutan is five years (or until attaining age 65). That of the Drangpons of the Supreme Court is ten years (or until attaining age 65). Where a question of law or fact is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court, the King may refer the question to the Supreme Court for its consideration, which hears the reference and submit its opinion to him. The Supreme Court may, on its own motion or on an application made by the Attorney General
Attorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
or by a party to a case, withdraw any case pending before the High Court involving a substantial question of law of general importance relating to the interpretation of this Constitution and dispose off the case itself.
The Chief Justice and Drangpons of the High Court of Bhutan
High Court of Bhutan
Under the 2008 Constitution, the High Court of Bhutan consists of the Chief Justice and eight Drangpons . The Chief Justice and Drangpons of the High Court are appointed from among juniors, peers, and eminent jurists by the Druk Gyalpo...
are appointed by the King. The term of office of the Chief Justice and the Drangpons of the High Court is 10 years (or until attaining age 60). The High Court of Bhutan, which comprises a Chief Justice and eight Drangpons, is the court of appeal from the Dzongkhag Courts and Tribunals in all matters and exercises original jurisdiction in matters not within the jurisdiction of the Dzongkhag Courts and Tribunals. The judges of the Dzongkhag
Dzongkhag Court
The Dzongkhag Court exists in each of Bhutan's 20 Dzongkhags, and is the court of first instance of the Royal Court of Justice in 14 of the 20 Dzongkhags of Bhutan. In the remaining 6 Dzongkhags there exists a further subdivision, Dungkhag, which is the basic level of judicial administration in...
and Dungkhag Court
Dungkhag Court
The Dungkhag Court is the court of first instance of the Royal Court of Justice in 6 of the 20 Dzongkhags of Bhutan which have Dungkhag administrative divisions; in the remaining 14 Dzongkhags, the Dzongkhag Court is the court of first instance. There are a total of 13 Dungkhags in the 6...
s are not appointed by the King.
Every person in Bhutan has the right to approach the courts in matters arising out of the Constitution or other laws subject to guarantee as fundamental rights. The Supreme Court and the High Court may issue such declarations, orders, directions or writs as may be appropriate in the circumstances of each case.
By command of the King and upon the recommendation of the National Judicial Commission, Drangpons of the Supreme Court and the High Court may be punished by censure and suspension for proven misbehaviour that does not deserve impeachment in the opinion of the Commission. Parliament may, by law, establish impartial and independent Administrative Tribunals as well as Alternative Dispute Resolution centres.
The King appoints the four members of the National Judicial Commission. The Commission comprises the Chief Justice of Bhutan as Chairperson, the senior most Drangpon of the Supreme Court, the Chairperson of the Legislative Committee of the National Assembly, and the Attorney General
Attorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
.
Local governments
Local Government Act of Bhutan 2009
The Local Government Act of Bhutan was enacted on September 11, 2009, by parliament of Bhutan in order to further implement its program of decentralization and devolution of power and authority.Local Gov't Act 2008: Preamble It is the most recent reform of the law on Bhutan's administrative...
that are "decentralized and devolved to elected Local Governments to facilitate the direct participation of the people in the development and management of their own social, economic and environmental well-being." The stated objectives of all Local Governments are to ensure that local interests are taken into account in the national sphere of governance by providing a forum for public consideration on issues affecting the local territory; to provide democratic and accountable government for local communities; to ensure the provision of services to communities in a sustainable manner; to encourage the involvement of communities and community organizations in matters of local governance; and to discharge any other responsibilities as may be prescribed by law made by Parliament.
Local Governments receive financial resources from the National Government in the form of annual grants to ensure self-reliant and self-sustaining units of local self-government and to promote holistic and integrated area-based development planning. Local Governments are entitled to levy, collect, and appropriate taxes, duties, tolls, and fees in accordance with procedures provided for by Parliament by law. Local Governments are also entitled to own assets and incur liabilities by borrowing on their own account subject to such limitations as may be provided for by Parliament by law. Such is an example of a decentralized economy.
The Constitution divides Local Government into three tiers: Dzongkhag
Districts of Bhutan
Bhutan comprises twenty districts .-Districts:-District Statistics:The results of the 2005 census appear below:...
Tshogdu (District Council at the highest local level), Gewog Tshogde (County Committee at the intermediate local level) and Thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
Tshogde (Municipal Committee at the most local level). Each body sits for five year terms.
There are 20 Dzongkhag
Districts of Bhutan
Bhutan comprises twenty districts .-Districts:-District Statistics:The results of the 2005 census appear below:...
s (Districts) in all of Bhutan, each headed by a Dzongdag appointed by the King as the chief executive supported by civil servants. Each Dzongkhag is also represented by a Dzongkhag Tshogdu (District Council). Membership of the Dzongkhag Tshogdu depends on the number of Gewogs within the Dzongkhag. Each Gewog is represented on the Tshogdu by two members, its Gup and Mangmi (below). Two further members of the Tshogdu are one elected representative from the Dzongkhag Thromde (District municipality) and one elected representative from Dzongkhag Yenlag Thromde (satellite towns). The Dzongkhag Tshogdu elects a Chairperson from among its members and meets at least twice a year.
Dzongkhags are divided into Gewogs (Counties or Blocks), numbering 205 in all of Bhutan. These are in turn subdivided into Chiwogs for election purposes. Each Gewog is represented by a Gewog Tshogde (County Committee), headed by a Gup (Head of Gewog) and a Mangmi (deputy), both of whom are directly elected by citizens. Other Tshogpas (Representatives) are directly elected by citizens of Chiwogs. The membership of each Gewog Tshogde must comprise between 7–10 members and meet at least three times annually.
On the most local level, a Thromde
Thromde
A thromde is a third-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008.-Thromde administration:Thromde...
Tshogde (Municipal Committee) is headed by a Thrompon (Mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
), who is directly elected by the voters of the Dzongkhag Thromde. The powers and functions of the Thrompon are defined by Parliament. The other members of the Thromde Tshogde are elected directly by citizens divided into constituencies. Like the Gewog Tshogde, the Thromde Tshogde must comprise between 7–10 members and meet at least three times annually.
The Constitution establishes a ⅔ quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
requirement in order to conduct any business on Local Government levels. It also defines local electoral procedure in terms of Parliamentary Electoral Laws. Notably, candidates and members of the Local Governments are banned from political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
affiliation.
Political parties
Article 15 sets up a regulatory framework for political parties, however the Constitution provides partisan elections only for the National Assembly. Two political partiesPolitical party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
are elected to the National Assembly, established through a primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
in which all registered political parties may participate. The majority is the ruling party, while the second party among the plurality forms the opposition. Defection from one party to another is prohibited to sitting members.
Political parties must promote national unity and progressive economic development and strive to ensure the well-being of the nation. Candidates and parties are prohibited from appealing to regionalism, ethnicity and religion to incite voters for electoral gain.
Political parties must be registered by the Election Commission. Registration requires their members to be Bhutanese citizens and not otherwise disqualified, and that membership not be based on region, sex, language, religion or social origin. Registration requires parties be broad-based with cross-national membership and support and be committed to national cohesion and stability. Members of all parties must declare allegiance to the constitution and uphold the sovereignty, security, and unity of the Kingdom. Furthermore, parties are required to advance democracy and the social, economic, and political growth of Bhutan.
Parties are prohibited from receiving any money or assistance other than those contributions made by its registered members, and the value of such contributions is regulated by the Election Commission. Parties are prohibited from receiving any money or assistance from foreign sources, be it governmental, non-governmental, private organizations or from private parties or individuals.
Political parties may be dissolved only by declaration of the Supreme Court. The Constitution establishes grounds for dissolution of political parties. If party objectives or activities are in contravention of the Constitution; if a party has received money or assistance from foreign sources; or if the Election Laws are violated, the Supreme Court may declare that party dissolved. Furthermore, Parliament may proscribe other laws with the effect of disqualifying political parties. Once dissolved, political parties may not comprise any members.
Parliament regulates the formation, functions, ethical standards, and intra-party organization of political parties and regularly audits their accounts to ensure compliance with law.
Article 16 delineates the rules of public campaign financing.
Elections
Article 23 defines the Constitutional requirements for elections in Bhutan. The Constitution calls for universal suffrageUniversal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
by secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
of all citizens over age 18 who have been registered in the civil registry of their constituency for at least one year and not "otherwise disqualified from voting under any law in force in Bhutan." In order to vote, Bhutanese citizens must furnish their Citizenship Card
Identity document
An identity document is any document which may be used to verify aspects of a person's personal identity. If issued in the form of a small, mostly standard-sized card, it is usually called an identity card...
.
Parliament makes, by law, provisions for all matters relating to, or in connection with, elections including the filing of election petitions challenging elections to Parliament and Local Governments, and the Code of Conduct for the political parties and the conduct of the election campaign as well as all other matters necessary for the due constitution of the Houses of Parliament and the Local Governments.
In order to provide for informed choice by the voter, candidates for an elective office must file, along with a nomination, an affidavit declaring: the income and assets of candidates, spouses and dependent children; biographical data and educational qualifications; records of criminal convictions; and whether candidates are accused in a pending case for an offense punishable with imprisonment for more than one year and in which charges are framed or cognizance is taken by a court of law prior to the date of filing of such a nomination.
To qualify for an elective office, candidates must be Bhutanese citizens; must be registered voters in their own constituencies; be between ages 25 and 65 at the time of nomination; must not receive money or assistance from foreign sources whatsoever; and fulfill the necessary educational and other qualifications prescribed in the Electoral Laws.
Persons are disqualified from holding an elective office if they marry a non-citizen; have been terminated from public service; have been convicted for any criminal offense and sentenced to imprisonment; are in arrears of taxes or other dues to the Government; have failed to lodge accounts of election expenses within the time and in the manner required by law without good reason or justification; holds any office of profit under the Government, public companies, or corporations as prescribed in the Electoral Laws; or is disqualified under any law made by Parliament. Disqualifications are adjudicated by the High Court on an election petition filed pursuant to law made by Parliament.
Audits and commissions
The Constitution provides for several independent government bodies analogous to agenciesGovernment agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
. Under Article 2 Section 19 (above), the King appoints the members of these agencies on advice from the civil government, namely the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the Leader of the Opposition Party. The term for each position is 5 years. Referenced for incorporation
Incorporation by reference
Incorporation by reference is the act of including a second document within another document by only mentioning the second document. This act, if properly done, makes the entire second document a part of the main document...
by respective sections are the Bhutanese Audit Act, Bhutanese Civil Service Act, and Bhutanese Anti-Corruption Act; references to existing "Election Laws" also appear throughout the Constitution.
The independent Election Commission is responsible for the preparation, maintenance, and periodical updating of electoral rolls, the election schedule, and the supervision, direction, control, and conduct of elections to Parliament and Local Governments, as well as holding of National Referendums, in a free and fair manner. It is also responsible for the delimitation of constituencies for election of the members of Parliament and Local Governments. It functions in accordance with the Electoral Laws set forth by Parliament and is headed by the Chief Election Commissioner for a term of 5 years.
The Constitution codifies and explains the function of the Royal Audit Authority. The Audit Authority is tasked with auditing the accounts of all departments and offices of the Government, and wherever public funds are used including the police and defence forces. The Auditor General submits an annual report to the King, the Prime Minister and Parliament. Parliament appoints a five-member Public Accounts Committee, comprising members of Parliament who are reputed for their integrity, to review and report on the annual audit to Parliament for its consideration or on any other report presented by the Auditor General. The Royal Audit Authority functions in accordance with the Audit Act.
The Constitution codifies and explains the function of the Royal Civil Service Commission. Its membership consists of one Chairman and four other members, all appointed by the King. It also comprises a Secretariat as the Government's central personnel agency. The Commission is charged with training, placing, and promoting quality civil servants within a transparent and accountable apparatus. The Constitution guarantees administrative due process safeguards, but only to civil servants. It also provides that the Commission must operate under the Civil Service Act of Parliament.
The Constitution also codifies and explains the function of the Anti-Corruption Commission. It is headed by a Chairperson and comprises two members. The Commission reports to the King, the Prime Minister, and Parliament; prosecution on the basis of the findings of the Commission are undertaken by the Attorney General
Attorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
for adjudication by the courts. The Commission functions in accordance with Parliament's Anti-Corruption Act.
Defence
The Constitution defines the role and objectives of the Bhutanese defence apparatus. The King is the Supreme Commander in ChiefCommander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the Armed Forces and the Militia. It establishes the Royal Body Guards as responsible for the security of the King. It also requires the Royal Bhutan Army
Royal Bhutan Army
The Royal Bhutan Army , or RBA, is a branch of the armed forces of the Kingdom of Bhutan responsible for maintaining the country's territorial integrity and sovereignty against security threats. The King of Bhutan is the Supreme Commander in Chief of the RBA...
to be a professional standing army to defend against security threats. The Royal Bhutan Police
Royal Bhutan Police
Law enforcement in Bhutan is the collective purview of several divisions of Bhutan's Ministry of Home and Cultural Affairs. Namely, the Ministry's Bureau of Law and Order, Department of Immigration, and Department of Local Governance are responsible for law enforcement in Bhutan...
are trained under the Ministry of Home and Cultural Affairs
Ministry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
and are responsible for maintaining law and order and preventing crime. Parliament may, require compulsory militia service for adult citizens to strengthen the defence of Bhutan. The Constitution allows the Government to use military force against foreign states only in self-defence or for the purpose of maintaining its security, territorial integrity and sovereignty.
Public offices and related matters
The Constitution defines the role of the Attorney GeneralAttorney General of Bhutan
The Office of the Attorney General of Bhutan is the legal arm of the executive branch of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan...
. He is appointed by the King on the advice of the Prime Minister. The Attorney General functions as the legal aid and representative of the government and has the right to appear before any court. The Attorney General has the authority to appear before Parliament to express legal opinions and to institute, initiate, or withdraw any case. The Attorney General functions in accordance with the Attorney General Act.
The Constitution provides for a Pay Commission. The Pay Commission operates independently, but its actions must be approved by the Lhengye Zhungtshog. Its Chairperson is appointed by the King on the advice of the Prime Minister.
The Constitution places requirements on holders of Constitutional Offices. Judicial appointees, the Auditor General, and the Chairs of Anti-Corruption, Civil Service, and Election Commissions are holders of Constitutional Office. Holders of these offices must be natural-born citizens of Bhutan and must not be married to non-citizens. After five year terms, they are ineligible for re-appointment.
Article 32 sets forth the law regarding impeachment of Government Officers.
Emergencies, referenda, and textual authority
Article 33 sets forth plans in the event of a national emergency.Article 34 sets forth the guidelines for conducting a National Referendum
Elections in Bhutan
Elections in Bhutan are conducted at national and local levels. Suffrage is universal for citizens 18 and over, and under applicable election laws...
.
Article 35 contains provisions regarding Constitutional Amendment and the authoritativeness of the Dzongkha version of the Constitution.
Schedules and glossary
Flag of Bhutan
The national flag of Bhutan is one of the national symbols of Bhutan. The flag is based upon the tradition of the Drukpa Lineage of Tibetan Buddhism and features Druk, the Thunder Dragon of Bhutanese mythology. The basic design of the flag by Mayum Choying Wangmo Dorji dates to 1947...
and the National Emblem of Bhutan
Emblem of Bhutan
The emblem of Bhutan maintains several elements of the flag of Bhutan, with slightly different artistry, and contains much Buddhist symbolism.The official description is as follows:...
, referenced in Article 1 § 5. The Second Schedule contains the National Anthem of Bhutan
Druk tsendhen
Druk tsendhen is the national anthem of Bhutan.Adopted in 1953, the music is by Aku Tongmi and the words are by Dasho Gyaldun Thinley. Tongmi was educated in India and was recently appointed leader of the military brass band when the need for an anthem rose at the occasion of a state visit from...
, referenced in Article 1 § 6. The Third Schedule contains the "Oath or Affirmation of Office." The Fourth Schedule contains the "Oath or Affirmation of Secrecy."
The last part of the English language version of the Constitution of Bhutan is a glossary containing many terms translated herein.
See also
- Law of BhutanLaw of BhutanThe law of Bhutan derives mainly from legislation and treaties. Prior to the enactment of the Constitution, laws were enacted by fiat of the King of Bhutan. The law of Bhutan originates in the semi-theocratic Tsa Yig legal code, and was heavily influenced through the twentieth century by English...
- Politics of BhutanPolitics of BhutanThe Government of Bhutan is a constitutional monarchy; between 1907 and the 1950s however, Bhutan was an absolute monarchy. The peaceful march to democracy has been a steady one. The King of Bhutan is head of state. Executive power is exercised by the Lhengye Zhungtshog, or council of ministers,...
- Bhutanese democracyBhutanese democracyBhutan has transitioned from an absolute monarchy to a multi-party democracy. The development of Bhutanese democracy has been marked by the active encouragement and participation of reigning Bhutanese monarchs since the 1950s, beginning with legal reforms such as the abolition of slavery, and...
- DemocratizationDemocratizationDemocratization is the transition to a more democratic political regime. It may be the transition from an authoritarian regime to a full democracy, a transition from an authoritarian political system to a semi-democracy or transition from a semi-authoritarian political system to a democratic...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....