Elections in Bhutan
Encyclopedia
Elections in Bhutan are conducted at national (Parliamentary) and local levels. Suffrage is universal for citizens 18 and over, and under applicable election laws. In national elections, political party participation is mainly restricted to the lower house of Parliament, and by extension, to the executive nominated by its majority.
Bhutan has a national bicameral
parliament
ary legislature
. The National Assembly of Bhutan
is the lower house of Parliament
and has 47 members as of 2011. The maximum number of seats at any time is 55, with each member representing a single-seat constituency. Between 2008 and 2011, 45 seats were won by the ruling Bhutan Peace and Prosperity Party (DPT)
and 2 were taken by the opposition People's Democratic Party (PDP)
.
The National Council of Bhutan
, the upper house of Parliament, has 20 nonpartisan members popularly elected by each dzongkhag
and 5 members appointed by the King of Bhutan. The National Council was first elected on 31 December 2007.
Bhutan also conducts elections for offices in local governments
. Dzongkhag
s (districts
), Gewog
s (village blocks), and Thromde
s (municipalities), all elect members of local administrative governments with varying degrees of authority.
Prior to 2007, Bhutan had a unicameral national parliament known as the Tshogdu
. Parliament became bicameral under the Constitution
of 2008 and with the kingdom's first National Assembly election
the same year.
. These laws cover candidacy, voter registration, campaigning, political parties, and procedural aspects of voting. As of 2011, election law has been codified by the Constitution of 2008
, Election Act of 2008, Public Election Fund Act of 2008, National Referendum Act of 2008, National Council Act of 2008, and National Assembly Act of 2008. The Constitution provides a bare substantive and procedural framework, incorporating then-existing election laws insofar as they did not conflict. Notably, religious figures and institutions must remain above (out of) politics. The Election Act of 2008, the most comprehensive of Bhutan's election laws, was passed by Parliament
on July 28, 2008, and came into force on August 12, 2008, repealing all previous laws on elections to Parliament
and Local Governments.Election Act 2008: Preamble; §§ 1, 2 The Election Act of 2008 is the latest Bhutanese legislation
codifying substantive and procedural laws on constituencies, political parties and their candidates, campaigns, elections, electoral oversight, and suffrage. It also defines a number of offenses related to elections and voting, supplementing the Penal Code.Election Act 2008: §§ 518–564 The National Referendum, Public Election Finance, National Assembly, and National Council, and Local Government Acts all regulate their particular subject matter within the framework provided by the Constitution and refined by the Election Act.
: Art. 24
The Delimitation Commission is an ancillary commission whose sole function is to demarcate single-member constituencies for representatives in Parliament and Local Governments.Election Act 2008: §§ 76–89
The king appoints the Chief Election Commissioner and two other Election Commissioners for five year terms from a list submitted by the Prime Minister, Chief Justice
, Speaker of the National Assembly
, Chairperson of the National Council
, and leader of the opposition party.Election Act 2008: §§ 20–31Constitution
: Art. 2, § 19 The Election Commission oversees political parties, runs elections, reviews the electoral system, makes rules and regulations under the Act, and possesses the summoning, inspection, and adjudicative powers of a court of law.Election Act 2008: §§ 32–37, 45Constitution
: Art. 24 The Election Commission also has the power to deploy security personnel and to requisition premises, vehicles, and horses from private parties on payment of reasonable compensation "as the Commission may deep appropriate."Election Act 2008: §§ 38–40 The Election Commission is supported by a Secretariat to which the Commission may delegate any of its authority by resolution or order. Election Act 2008: §§ 46, 47 Decisions and actions of the Election Commission are not reviewable by courts of the judicial system of Bhutan
except in cases of election petitions or election appeals.Election Act 2008: § 44
During elections, the Election Commission designates a senior government officer as Chief Election Coordinator in each Dzongkhag
, whose primary function is to facilitate free and fair elections.Election Act 2008: §§ 49–51 The Election Commission also designates a government officer in each Dzongkhag as Dzongkhag Electoral Officer, whose primary duty is to revise and update Electoral Rolls for all parliamentary and local government constituencies on behalf of the Commission.Election Act 2008: §§ 52–55 These twenty Officers are each supported by staff including one or more Electoral Registration Officers appointed by the Commission.Election Act 2008: §§ 56–58 Returning Officers and their assistants are likewise designated by the Commission for one or more constituencies, reporting directly to the Commission.Election Act 2008: §§ 59–63 Returning Officers appoint a Presiding Officer for each polling station; Presiding Officers are in turn assisted by Polling Officers.Election Act 2008: §§ 64–68 Returning Officers also appoint Counting Personnel for the tallying and inspection of votes.Election Act 2008: §§ 69, 409–412 The Election Commission may appoint independent observers, and with the approval of the Ministry of Foreign Affairs
, may also include international observers, any of whom may bring apparent irregularities or violations of the law to the attention of the Election Commission.Election Act 2008: §§ 73–75
All Election Officers are bound by a code of conduct forbidding corruption, conflicts of interest, and acts or speech of a political nature. The same code of conduct mandates Officers to assist the "physically challenged," a category that includes the blind, physically handicapped, illiterate, and inhabitants of remote areas.Election Act 2008: §§ 309–325
The ancillary Delimitation Commission consists of six persons: the Chief Election Commissioner and two Election Commissioners; the Secretary of the Ministry responsible for Urban and Municipal Administration; the Secretary of the Ministry responsible for Civil Registration and Census; and the Surveyor-General.Election Act 2008: § 81 The Delimitation Commission periodically re-allocates a maximum of 55 National Assembly
seats among Dzongkhags, and controls the number of representatives at leach level of local government, subject to review and approval of the Election Commission.Election Act 2008: §§ 76–81, 90–99
The Delimitation Commission divides dzongkhag
s, gewog
s, and dzongkhag thromdes
into relevant constituencies based on voter population, contiguity of areas, and geographical conditions.(Delimitation)Election Act 2008: § 86 The Commission regularly publishes updates in several media to disseminate its information.Election Act 2008: §§ 87–89
The National Assembly
has a maximum of 55 partisan members that are directly elected by Dzongkhag
voters.Election Act 2008: § 4 Each Dzongkhag must have between two and seven National Assembly constituencies.Election Act 2008: §§ 5–7 The Constitution provides that members sit for five years, or until dissolution upon a vote of no confidence.Constitution
: Art. 10, § 24; Art. 15, § 12
The National Council
has 25 members comprising one directly elected nonpartisan representative from each of the twenty dzongkhag
s and five "eminent persons" nominated by the king. Election Act 2008: §§ 8–10 Every gewog and independent thromde ("dzongkhag thromde") comprises a constituency that nominates one candidate for the National Council through a democratic election called a zomdu overseen by heads of local government and run by the Dzongkhag Electoral Officer.Election Act 2008: § 11 The members of the National Council are elected for five year terms.Constitution
: Art. 10, § 24
The local Dzongkhag
Tshogdu comprises one elected Gup (headman) and Mangmi (deputy) from each Gewog
Tshogde; one elected representative from that Dzongkhag Thromde
; and one elected representative from the Dzongkhag Yenlang Thromde
s.Election Act 2008: §§ 12, 13Local Government Act
: §§ 7, 8
More locally, the Gewog
Tshogde comprises between five and eight Tshogpas, who are directly elected according to chiwog constituencies, and the Gup (headman) and Mangmi (deputy), who are directly elected by gewog voters at-large.Election Act 2008: §§ 14–16Local Government Act
: §§ 9, 10
Most locally, the citizens of thromde
(municipalities) directly elect between seven and ten members, including a Thrompon as executive, to the Thromde Tshogde.Election Act 2008: §§ 17–19Local Government Act
: §§ 11–15
Every eligible voter may join or lead one political party provided they are not disqualified by other law; political parties meanwhile operate under their charters within the limits and requirements of the Election Act.Election Act 2008: §§ 154–156 Party members' rights are nonetheless assured a measure of due process
: suspension or expulsion requires a reasonable opportunity for the member to be heard beforehand.
During elections, employers must give leave to vote for a reasonable time so long as employees give prior notice.Election Act 2008: §§ 338–342
Electoral Rolls are published and open for public inspection under the Election Act of 2008.Election Act 2008: §§ 112–118
, disclosing the essentials of the party leadership, membership, charter, and requirements including symbols and particular name and logo. Parties are required to promote democracy, and are forbidden to organize along status lines, including region, gender, language, or religion.Election Act 2008: §§ 131–136 The Election Commission denies applications of parties based on status, business concerns; of those with military or paramilitary structures; and of others within its discretion.Election Act 2008: §§ 137–141 Those that are accepted are registered and overseen by the Secretariat of the Election Commission.Election Act 2008: §§ 143–145
All political parties must make annual disclosures including their assets, income, expenditures, and membership.Election Act 2008: §§ 152, 153 Parties may derive income from registration fees, membership fees, and voluntary contributions from members within limits set by the Election Commission.Election Act 2008: §§ 158–162
Political parties may be dissolved voluntarily, by the Supreme Court, or by removal from registers by the Election Commission.Election Act 2008: §§ 146–151
Political parties nominate candidates for partisan elections according to their charters.Election Act 2008: § 157 Otherwise, the Election Law of 2008 sets forth qualifications for candidates at all levels: all candidates must be citizens between ages 25 and 65, and must be members of the constituencies they represent. Candidates for Parliament must possess a formal university degree, while candidates for local offices need only be functionally literate and adequately skilled. Furthermore, only candidates for the National Assembly may belong to a political party.Election Act 2008: §§ 175–178 Candidates must make public disclosures regarding professions, income, assets and liabilities, educational qualifications, and criminal record; the disclosure is reviewed by the Returning Officer.Election Act 2008: §§ 213–215 All candidates must also obtain a security clearance. For non-partisan elections, a declaration of partisan non-affiliation must also be filed. As part of their candidature, they also choose a symbol and appear on a list published by the Returning Officer.Election Act 2008: §§ 230–232
Candidates are disqualified if they, inter alia, have ever been sentenced to imprisonment or found guilty of corruption in elections, are married to foreigners, is facing a pending felony, or holds any "office of profit." Members of the royal family and religious personalities are also barred from participating in parties or the electoral process.Election Act 2008: §§ 179–184
"Offices of profit" are defined as various executive, judicial, and legislative offices, including those controlling appointments and the disbursement of state or public moneys. Offices of profit also include private business executives and boards of directors. The Election Act provides several civil service and public office exemptions; determinations on the issue are decided by the Election Commission, then reviewed by the High Court
. (Office of Profit)Election Act 2008: §§ 163–174
Campaigns must be conducted within proscribed periods, with equitable time reserved among candidates on electronic media. Election Act 2008: §§ 267–276 Campaign financing is also thoroughly regulated, from contributions to expenses.Election Act 2008: §§ 277, 278–288 The Election Act contains an Election Code of Conduct that includes mandates and prohibitions for parties and candidates, including a bans on wearing of kabney
s (which convey social status) in public campaigns, approaching voters at polling places, and holding public meetings within 48 hours of any poll.Election Act 2008: §§ 289–308
; the Election Commission must schedule elections at least 90 days in advance of either.Election Act 2008: §§ 185–189 The Election Commission must likewise schedule elections for the National Council within 90 days of the expiry of its five year term.Election Act 2008: §§ 190–193 Local Governments, themselves subject to votes of confidence, must also have elections scheduled within 90 days of dissolution.Election Act 2008: §§ 194–197 The Election Act further provides for the Election Commission to announce dates for nominations and polling.Election Act 2008: §§ 198–204
Polls are commenced as proscribed by the Election Commission and under the supervision of the Presiding Officer, who confirms the emptiness and operation of voting boxes and macines.Election Act 2008: §§ 352–355 Voting may be paused in the event of emergency, and the Election Act provides a detailed framework for its resumption.Election Act 2008: §§ 375–381
Presiding officers direct the admission to polling stations, and must exclude all persons other than candidates and their representatives; voters and their children; those accompanying infirm persons; and Election Officers and civil servants working in connection with polling.Election Act 2008: § 356 To prevent impersonation, every voter must be marked with an indelible ink.Election Act 2008: §§ 333, 334
Dzongkhag Election Officers bear the responsibility of providing adequate and accessible polling stations, and notice to the populace of their location.Election Act 2008: §§ 335–337
Secret ballots may be in the form of ballot papers or machines, and must appear in Dzongkha and English.Election Act 2008: §§ 345–348, 357 In certain cases, ballots may be mailed by overseas officials, civil servants, and military.Election Act 2008: §§ 419–429 All ballot boxes and machines are sealed and secured at the end of voting by Presiding Officers and transmitted to Dzongkhag Election Officers.Election Act 2008: §§ 371–374 If ballots are destroyed or tainted by substantial error or irregularity, a fresh poll is required.Election Act 2008: §§ 382–384
Exit polls outside polling stations are banned.Election Act 2008: §§ 343, 344
Votes are counted under the general supervision of the Returning Officer, supported by Counting Officers selected from among Election Officers so that no Officer counts the votes from his station.Election Act 2008: §§ 385–392, 399–404 Those who can be present include candidates and their representatives; observers appointed by the Election Commission; counting staff; public servants aiding elections; and other persons authorized by the Election Commission.Election Act 2008: § 396–398 Votes are subjected to scrutiny, may be viewed but not touched by those other than counting staff, and may be rejected for a variety of reasons detailed below.Election Act 2008: §§ 405–412
The result is tallied by the Returning Officer,Election Act 2008: §§ 430–432 and there is a separate procedure proscribed for recounts when demanded by a party, candidate, or representative within 24 hours of the result upon reasonable grounds.Election Act 2008: §§ 433–440 The results of any count or recount are published, and successful candidates are notified by their respective bodies.Election Act 2008: §§ 441–462
In the event of disputes surrounding elections and candidates, the Election Act provides a substantive and procedural framework for petitions, trials, and withdrawals and abatements of petitions.Election Act 2008: §§ 466–510 The Election Act also provides a procedural framework for appeals to the Supreme Court for Parliamentary offices, and to the High Court for local government offices.Election Act 2008: §§ 511–517
Those voters whose identity likewise fails scrutiny of the Presiding Officer are allowed to swear an oath, file an affidavit, and cast a provisional vote, which is sealed in an envelope.Election Act 2008: §§ 367–369 The consideration of provisional ballots is left to the discretion of election commission, and no particular procedure is described under the Election Act.Election Act 2008: § 406
Votes may otherwise be rejected if they are blank, are unauthenticated by the Presiding Officer, are illegible, indicate more than one selection for a given vote, or have been marked with an instrument not officially provided at the polling station.Election Act 2008: § 407
.Election Act 2008: §§ 565–574Constitution
: Art. 34 The Constitution provides that the a simple majority of the total number of votes cast and counted shall be required for a referendum to be adopted, however results are subject to review and confirmation by the Election Commission.Election Act 2008: §§ 568, 569 Referenda may be initiated by the king if, in his opinion, a bill that fails in a joint sitting of Parliament is of national importance; if Parliament
likewise insists on the passage of a bill not assented to by the king; or if an appeal is made by not less than fifty percent of the total number of members of all Dzongkhag Tshogdus.Constitution
: Art. 34, § 2; Art. 35, § 3The Election Act of 2008 (§§ 565, 567) may be read to delegate outright discretionary initiation powers to the monarch; such an inconsistent reading is trumped by the Constitution (Art. 1, § 10; Art. 34, § 2). A National Referendum may not be held regarding taxes or any other grounds as might be prescribed by law made by Parliament, and a Referendum may not be withdrawn once initiated.Election Act 2008: §§ 566, 570, 571Constitution
: Art. 34, § 3 Referenda are approved by a simple majority. The Constitution further mandates Parliament to prescribe the procedure for holding a National Referendum, which it has done; as of 2011, the National Referendum Act is available only in Dzongkha, however.
, from the Constitution
to citizenship legislation, shape election-related issues in Bhutan.
, Gewog
, and Thromde
levels. Although elections were originally slated for 2008, various participatory hurdles, demarcation problems, and legal questions posed by the Election Commission regarding the constitutionality of election laws produced significant delays. Although demarcation is a basic requisite for the determination of electoral rolls, the task presented particular difficulty for the government. The electoral rolls themselves, and requirements behind registration, served to lower the level of participation.
s and Chiwogs other than where they reside. This is especially true in urban areas such as Thimphu
, where some 6,000 were eligible to vote out of a population of over 86,000.
, originally slated for 2008. The first round of the functional literacy and skills test left many Gewog
s with no representatives, though second round results showed a pass rate over 90%. Although women elected to office remained relatively few (14% before local elections according to the UNHCR), more than half of voters in initial local government elections were women. In initial local-level voting in 2011, voter turnout was about 50%. This has raised the question of whether women would benefit from quotas in public service, highlighting the need to encourage further female electoral and political participation.
In contrast, many lay monks and former lay monks, facing Constitutional
hurdles in voting as well as registering and certifying as candidates, have actively sought to participate in elections and government since democratization.
, India
. The EVMs were used in National Assembly elections
, National Council elections
, and local elections
. An incident of tampering similar EVMs in India had put their security into question, however the Chief Election Commissioner assured the public that last-minute randomized EVM distribution and adequate backup machines prevented tampering.
Bhutan has a national bicameral
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....
parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
ary legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
. 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 of Parliament
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...
and has 47 members as of 2011. The maximum number of seats at any time is 55, with each member representing a single-seat constituency. Between 2008 and 2011, 45 seats were won by the ruling Bhutan Peace and Prosperity Party (DPT)
Bhutan Peace and Prosperity Party
The Bhutan Peace and Prosperity Party, or Druk Phuensum Tshogpa , is one of the major political parties in Bhutan. It was formed on July 25, 2007 as a merger of the All People's Party and the Bhutan People's United Party, which were both short-lived...
and 2 were taken by the opposition People's Democratic Party (PDP)
People's Democratic Party (Bhutan)
The People's Democratic Party is one of the major political parties in Bhutan, formed on March 24, 2007. The founder president of this party is Sangay Ngedup, the former prime minister and agriculture minister of the Royal Government of Bhutan...
.
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...
, the upper house of Parliament, has 20 nonpartisan members popularly elected by each dzongkhag
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...
and 5 members appointed by the King of Bhutan. The National Council was first elected on 31 December 2007.
Bhutan also conducts elections for offices in 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...
. Dzongkhag
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...
s (districts
Districts of Bhutan
Bhutan comprises twenty districts .-Districts:-District Statistics:The results of the 2005 census appear below:...
), Gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
s (village blocks), 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), all elect members of local administrative governments with varying degrees of authority.
Prior to 2007, Bhutan had a unicameral national parliament known as the Tshogdu
Tshogdu
The Tshogdu was the unicameral legislature of Bhutan until 31 July 2007. The legislature had a total of 150 members...
. Parliament became bicameral under the Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
of 2008 and with the kingdom's first National Assembly election
Bhutanese general election, 2008
Bhutan held its first general election on March 24, 2008 for the National Assembly. Two parties were registered by the Election Commission of Bhutan to contest the election: the Bhutan Peace and Prosperity Party , which was formed by the merger of the previously established Bhutan People's United...
the same year.
Election laws
Bhutanese election laws are legislated by the Parliament of BhutanParliament 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...
. These laws cover candidacy, voter registration, campaigning, political parties, and procedural aspects of voting. As of 2011, election law has been codified by the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan 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...
, Election Act of 2008, Public Election Fund Act of 2008, National Referendum Act of 2008, National Council Act of 2008, and National Assembly Act of 2008. The Constitution provides a bare substantive and procedural framework, incorporating then-existing election laws insofar as they did not conflict. Notably, religious figures and institutions must remain above (out of) politics. The Election Act of 2008, the most comprehensive of Bhutan's election laws, was passed by Parliament
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...
on July 28, 2008, and came into force on August 12, 2008, repealing all previous laws on elections to Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
and Local Governments.Election Act 2008: Preamble; §§ 1, 2 The Election Act of 2008 is the latest 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...
codifying substantive and procedural laws on constituencies, political parties and their candidates, campaigns, elections, electoral oversight, and suffrage. It also defines a number of offenses related to elections and voting, supplementing the Penal Code.Election Act 2008: §§ 518–564 The National Referendum, Public Election Finance, National Assembly, and National Council, and Local Government Acts all regulate their particular subject matter within the framework provided by the Constitution and refined by the Election Act.
Government commissions
The Election Act of 2008 establishes two financially and politically autonomous government commissions to oversee various aspects of elections, voting, and constituency delimitation. The Election Commission is responsible for overseeing the electoral framework established under the Act, including laws on parties, candidates, elections and Election Rolls.Election Act 2008: §§ 34, 35 The Election Commission is endowed with quasi-judicial powers and staffs of Election Officers and Counting Officers.Election Act 2008: §§ 36–42ConstitutionConstitution of Bhutan
The Constitution of Bhutan 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...
: Art. 24
The Delimitation Commission is an ancillary commission whose sole function is to demarcate single-member constituencies for representatives in Parliament and Local Governments.Election Act 2008: §§ 76–89
Election Commission
The king appoints the Chief Election Commissioner and two other Election Commissioners for five year terms from a list submitted by the Prime Minister, Chief Justice
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...
, Speaker of 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 :...
, Chairperson of the National Council
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...
, and leader of the opposition party.Election Act 2008: §§ 20–31Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
: Art. 2, § 19 The Election Commission oversees political parties, runs elections, reviews the electoral system, makes rules and regulations under the Act, and possesses the summoning, inspection, and adjudicative powers of a court of law.Election Act 2008: §§ 32–37, 45Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
: Art. 24 The Election Commission also has the power to deploy security personnel and to requisition premises, vehicles, and horses from private parties on payment of reasonable compensation "as the Commission may deep appropriate."Election Act 2008: §§ 38–40 The Election Commission is supported by a Secretariat to which the Commission may delegate any of its authority by resolution or order. Election Act 2008: §§ 46, 47 Decisions and actions of the Election Commission are not reviewable by courts of the judicial system of Bhutan
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...
except in cases of election petitions or election appeals.Election Act 2008: § 44
During elections, the Election Commission designates a senior government officer as Chief Election Coordinator in each Dzongkhag
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...
, whose primary function is to facilitate free and fair elections.Election Act 2008: §§ 49–51 The Election Commission also designates a government officer in each Dzongkhag as Dzongkhag Electoral Officer, whose primary duty is to revise and update Electoral Rolls for all parliamentary and local government constituencies on behalf of the Commission.Election Act 2008: §§ 52–55 These twenty Officers are each supported by staff including one or more Electoral Registration Officers appointed by the Commission.Election Act 2008: §§ 56–58 Returning Officers and their assistants are likewise designated by the Commission for one or more constituencies, reporting directly to the Commission.Election Act 2008: §§ 59–63 Returning Officers appoint a Presiding Officer for each polling station; Presiding Officers are in turn assisted by Polling Officers.Election Act 2008: §§ 64–68 Returning Officers also appoint Counting Personnel for the tallying and inspection of votes.Election Act 2008: §§ 69, 409–412 The Election Commission may appoint independent observers, and with the approval of the Ministry of Foreign Affairs
Ministry of Foreign Affairs (Bhutan)
The Ministry of Foreign Affairs is the Bhutanese government ministry which oversees the foreign relations of Bhutan.- External links :*...
, may also include international observers, any of whom may bring apparent irregularities or violations of the law to the attention of the Election Commission.Election Act 2008: §§ 73–75
All Election Officers are bound by a code of conduct forbidding corruption, conflicts of interest, and acts or speech of a political nature. The same code of conduct mandates Officers to assist the "physically challenged," a category that includes the blind, physically handicapped, illiterate, and inhabitants of remote areas.Election Act 2008: §§ 309–325
Delimitation Commission
The ancillary Delimitation Commission consists of six persons: the Chief Election Commissioner and two Election Commissioners; the Secretary of the Ministry responsible for Urban and Municipal Administration; the Secretary of the Ministry responsible for Civil Registration and Census; and the Surveyor-General.Election Act 2008: § 81 The Delimitation Commission periodically re-allocates a maximum of 55 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 :...
seats among Dzongkhags, and controls the number of representatives at leach level of local government, subject to review and approval of the Election Commission.Election Act 2008: §§ 76–81, 90–99
The Delimitation Commission divides dzongkhag
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...
s, gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
s, and dzongkhag thromdes
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...
into relevant constituencies based on voter population, contiguity of areas, and geographical conditions.(Delimitation)Election Act 2008: § 86 The Commission regularly publishes updates in several media to disseminate its information.Election Act 2008: §§ 87–89
Constituencies
The Bhutanese electorate is composed solely of single member constituencies at both national and local levels.Election Act 2008: §§ 3–19The 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 :...
has a maximum of 55 partisan members that are directly elected by Dzongkhag
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...
voters.Election Act 2008: § 4 Each Dzongkhag must have between two and seven National Assembly constituencies.Election Act 2008: §§ 5–7 The Constitution provides that members sit for five years, or until dissolution upon a vote of no confidence.Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
: Art. 10, § 24; Art. 15, § 12
The National Council
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...
has 25 members comprising one directly elected nonpartisan representative from each of the twenty dzongkhag
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...
s and five "eminent persons" nominated by the king. Election Act 2008: §§ 8–10 Every gewog and independent thromde ("dzongkhag thromde") comprises a constituency that nominates one candidate for the National Council through a democratic election called a zomdu overseen by heads of local government and run by the Dzongkhag Electoral Officer.Election Act 2008: § 11 The members of the National Council are elected for five year terms.Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
: Art. 10, § 24
The local Dzongkhag
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...
Tshogdu comprises one elected Gup (headman) and Mangmi (deputy) from each Gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
Tshogde; one elected representative from that Dzongkhag 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...
; and one elected representative from the Dzongkhag Yenlang 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.Election Act 2008: §§ 12, 13Local Government Act
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...
: §§ 7, 8
More locally, the Gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
Tshogde comprises between five and eight Tshogpas, who are directly elected according to chiwog constituencies, and the Gup (headman) and Mangmi (deputy), who are directly elected by gewog voters at-large.Election Act 2008: §§ 14–16Local Government Act
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...
: §§ 9, 10
Most locally, the citizens of 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...
(municipalities) directly elect between seven and ten members, including a Thrompon as executive, to the Thromde Tshogde.Election Act 2008: §§ 17–19Local Government Act
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...
: §§ 11–15
Voters
Bhutanese citizens eighteen years or older, who have been registered in their constituency for at least one year, who hold a citizenship identity card, and who are "not otherwise disqualified from voting under [the Election Act] or any other law in force" may cast a single vote in elections.Election Act 2008: §§ 100, 326–328 The Constitution mandates that religious figures remain "above politics," which is construed to disqualify registered monks from voting as well as running for office. While the only special ground under the Election Act is being declared "of unsound mind" by a court, the clause is permissive of reducing voting rights through other legislation.Election Act 2008: §§ 101–103, 326–328Every eligible voter may join or lead one political party provided they are not disqualified by other law; political parties meanwhile operate under their charters within the limits and requirements of the Election Act.Election Act 2008: §§ 154–156 Party members' rights are nonetheless assured a measure 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...
: suspension or expulsion requires a reasonable opportunity for the member to be heard beforehand.
During elections, employers must give leave to vote for a reasonable time so long as employees give prior notice.Election Act 2008: §§ 338–342
Electoral Rolls
Voters must be a member of exactly one local constituency, and must maintain an entry on that constituency's Electoral Rolls in order to vote.Election Act 2008: §§ 101, 104–120 However, voters accomplish this by joining the general (parliamentary) Electoral Roll in their dzongkhag, which is kept and updated by the Dzongkhag Electoral Registration Officer; it is the Officer who sorts the voters into constituencies.Election Act 2008: §§ 101, 104–108 The Officer issues every voter a voter photo identity card for use in pollingElection Act 2008: §§ 109–111Electoral Rolls are published and open for public inspection under the Election Act of 2008.Election Act 2008: §§ 112–118
Political parties
The Election Act of 2008 provides for the formation of political parties, provided they register and operate within, and swear to uphold, the Constitution and sovereignty of Bhutan. Registration requires an application process similar to incorporationIncorporation
Incorporation may refer to:* Incorporation , the creation of a corporation* Incorporation of a place, creation of municipal corporation such as a city or county...
, disclosing the essentials of the party leadership, membership, charter, and requirements including symbols and particular name and logo. Parties are required to promote democracy, and are forbidden to organize along status lines, including region, gender, language, or religion.Election Act 2008: §§ 131–136 The Election Commission denies applications of parties based on status, business concerns; of those with military or paramilitary structures; and of others within its discretion.Election Act 2008: §§ 137–141 Those that are accepted are registered and overseen by the Secretariat of the Election Commission.Election Act 2008: §§ 143–145
All political parties must make annual disclosures including their assets, income, expenditures, and membership.Election Act 2008: §§ 152, 153 Parties may derive income from registration fees, membership fees, and voluntary contributions from members within limits set by the Election Commission.Election Act 2008: §§ 158–162
Political parties may be dissolved voluntarily, by the Supreme Court, or by removal from registers by the Election Commission.Election Act 2008: §§ 146–151
Nominations, candidates, and campaigns
Only registered political parties may nominate candidates for election to the National Assembly, and may only field as many candidates as there are seats available. Nominations are generally scrutinized and handled by the Returning Officer and overseen by the Election Commission, and withdrawals are available both voluntarily and by subsequent finding of ineligibility.Election Act 2008: §§ 205–212. 216–229 If the Returning Officer denies a nomination, appeals may be made to the Election Commission under a set procedure.Election Act 2008: §§ 237–244Political parties nominate candidates for partisan elections according to their charters.Election Act 2008: § 157 Otherwise, the Election Law of 2008 sets forth qualifications for candidates at all levels: all candidates must be citizens between ages 25 and 65, and must be members of the constituencies they represent. Candidates for Parliament must possess a formal university degree, while candidates for local offices need only be functionally literate and adequately skilled. Furthermore, only candidates for the National Assembly may belong to a political party.Election Act 2008: §§ 175–178 Candidates must make public disclosures regarding professions, income, assets and liabilities, educational qualifications, and criminal record; the disclosure is reviewed by the Returning Officer.Election Act 2008: §§ 213–215 All candidates must also obtain a security clearance. For non-partisan elections, a declaration of partisan non-affiliation must also be filed. As part of their candidature, they also choose a symbol and appear on a list published by the Returning Officer.Election Act 2008: §§ 230–232
Candidates are disqualified if they, inter alia, have ever been sentenced to imprisonment or found guilty of corruption in elections, are married to foreigners, is facing a pending felony, or holds any "office of profit." Members of the royal family and religious personalities are also barred from participating in parties or the electoral process.Election Act 2008: §§ 179–184
"Offices of profit" are defined as various executive, judicial, and legislative offices, including those controlling appointments and the disbursement of state or public moneys. Offices of profit also include private business executives and boards of directors. The Election Act provides several civil service and public office exemptions; determinations on the issue are decided by the Election Commission, then reviewed by 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...
. (Office of Profit)Election Act 2008: §§ 163–174
Campaigns must be conducted within proscribed periods, with equitable time reserved among candidates on electronic media. Election Act 2008: §§ 267–276 Campaign financing is also thoroughly regulated, from contributions to expenses.Election Act 2008: §§ 277, 278–288 The Election Act contains an Election Code of Conduct that includes mandates and prohibitions for parties and candidates, including a bans on wearing of kabney
Kabney
A kabney is a silk scarf worn as a part of the gho, the traditional male costume in Bhutan. It is raw silk, normally 90 x 300 cm with fringes...
s (which convey social status) in public campaigns, approaching voters at polling places, and holding public meetings within 48 hours of any poll.Election Act 2008: §§ 289–308
Representatives
Political parties may retain Election Representatives in each constituency, and candidates can retain their own representatives during elections, including Polling and Counting Representatives. All such representatives must register with their respective Returning Officer.Election Act 2008: §§ 254–266 While an Election Representative is a party representative, a candidate representative attends and observes polling and counting on behalf of a single candidate.Election Act 2008: §§ 245–253Elections
The National Assembly is elected in primary and general rounds every five years, or whenever it is dissolved under the ConstitutionConstitution of Bhutan
The Constitution of Bhutan 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 Election Commission must schedule elections at least 90 days in advance of either.Election Act 2008: §§ 185–189 The Election Commission must likewise schedule elections for the National Council within 90 days of the expiry of its five year term.Election Act 2008: §§ 190–193 Local Governments, themselves subject to votes of confidence, must also have elections scheduled within 90 days of dissolution.Election Act 2008: §§ 194–197 The Election Act further provides for the Election Commission to announce dates for nominations and polling.Election Act 2008: §§ 198–204
Polls are commenced as proscribed by the Election Commission and under the supervision of the Presiding Officer, who confirms the emptiness and operation of voting boxes and macines.Election Act 2008: §§ 352–355 Voting may be paused in the event of emergency, and the Election Act provides a detailed framework for its resumption.Election Act 2008: §§ 375–381
Presiding officers direct the admission to polling stations, and must exclude all persons other than candidates and their representatives; voters and their children; those accompanying infirm persons; and Election Officers and civil servants working in connection with polling.Election Act 2008: § 356 To prevent impersonation, every voter must be marked with an indelible ink.Election Act 2008: §§ 333, 334
Dzongkhag Election Officers bear the responsibility of providing adequate and accessible polling stations, and notice to the populace of their location.Election Act 2008: §§ 335–337
Secret ballots may be in the form of ballot papers or machines, and must appear in Dzongkha and English.Election Act 2008: §§ 345–348, 357 In certain cases, ballots may be mailed by overseas officials, civil servants, and military.Election Act 2008: §§ 419–429 All ballot boxes and machines are sealed and secured at the end of voting by Presiding Officers and transmitted to Dzongkhag Election Officers.Election Act 2008: §§ 371–374 If ballots are destroyed or tainted by substantial error or irregularity, a fresh poll is required.Election Act 2008: §§ 382–384
Exit polls outside polling stations are banned.Election Act 2008: §§ 343, 344
Votes are counted under the general supervision of the Returning Officer, supported by Counting Officers selected from among Election Officers so that no Officer counts the votes from his station.Election Act 2008: §§ 385–392, 399–404 Those who can be present include candidates and their representatives; observers appointed by the Election Commission; counting staff; public servants aiding elections; and other persons authorized by the Election Commission.Election Act 2008: § 396–398 Votes are subjected to scrutiny, may be viewed but not touched by those other than counting staff, and may be rejected for a variety of reasons detailed below.Election Act 2008: §§ 405–412
The result is tallied by the Returning Officer,Election Act 2008: §§ 430–432 and there is a separate procedure proscribed for recounts when demanded by a party, candidate, or representative within 24 hours of the result upon reasonable grounds.Election Act 2008: §§ 433–440 The results of any count or recount are published, and successful candidates are notified by their respective bodies.Election Act 2008: §§ 441–462
In the event of disputes surrounding elections and candidates, the Election Act provides a substantive and procedural framework for petitions, trials, and withdrawals and abatements of petitions.Election Act 2008: §§ 466–510 The Election Act also provides a procedural framework for appeals to the Supreme Court for Parliamentary offices, and to the High Court for local government offices.Election Act 2008: §§ 511–517
Challenging identity, provisional votes, and rejection of votes
Election Representatives may challenge the identity of voters and refer them to the Presiding Officer of the polling place.Election Act 2008: §§ 361–363 It is within the Officer's discretion to debar the voter,Election Act 2008: § 364 however if he finds a Representative's challenge to constitute harassment of voters or obstruction of smooth polling, the representative may be ejected.Election Act 2008: §§ 365, 366Those voters whose identity likewise fails scrutiny of the Presiding Officer are allowed to swear an oath, file an affidavit, and cast a provisional vote, which is sealed in an envelope.Election Act 2008: §§ 367–369 The consideration of provisional ballots is left to the discretion of election commission, and no particular procedure is described under the Election Act.Election Act 2008: § 406
Votes may otherwise be rejected if they are blank, are unauthenticated by the Presiding Officer, are illegible, indicate more than one selection for a given vote, or have been marked with an instrument not officially provided at the polling station.Election Act 2008: § 407
National Referenda
National Referenda are governed by the ConstitutionConstitution of Bhutan
The Constitution of Bhutan 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...
.Election Act 2008: §§ 565–574Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
: Art. 34 The Constitution provides that the a simple majority of the total number of votes cast and counted shall be required for a referendum to be adopted, however results are subject to review and confirmation by the Election Commission.Election Act 2008: §§ 568, 569 Referenda may be initiated by the king if, in his opinion, a bill that fails in a joint sitting of Parliament is of national importance; if Parliament
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...
likewise insists on the passage of a bill not assented to by the king; or if an appeal is made by not less than fifty percent of the total number of members of all Dzongkhag Tshogdus.Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
: Art. 34, § 2; Art. 35, § 3The Election Act of 2008 (§§ 565, 567) may be read to delegate outright discretionary initiation powers to the monarch; such an inconsistent reading is trumped by the Constitution (Art. 1, § 10; Art. 34, § 2). A National Referendum may not be held regarding taxes or any other grounds as might be prescribed by law made by Parliament, and a Referendum may not be withdrawn once initiated.Election Act 2008: §§ 566, 570, 571Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
: Art. 34, § 3 Referenda are approved by a simple majority. The Constitution further mandates Parliament to prescribe the procedure for holding a National Referendum, which it has done; as of 2011, the National Referendum Act is available only in Dzongkha, however.
Offenses under the Election Act of 2008
The Election Act of 2008 codifies numerous offenses, supplementing the Penal Code, related to elections, punishments for which range from warning to felony convictions (three years or more imprisonment). Among the offenses listed are those related to breach of code of conduct, conducting exit polls, sale of alcohol during polling periods, and broadcasting political messages from outside Bhutan (misdemeanors) to making and accepting illegal contributions, influencing Commissions, canvassing poll places, campaigning or holding public gatherings within 48 hours of a poll (fourth degree felonies).Election Act 2008: §§ 276, 324, 325, 344, 518–564Election-related issues
Bhutan faces some obstacles in its implementation of its envisaged fully participatory democracy. Citizens' participation in voting and running for office, delayed elections, electoral rolls, and voters' confidence in electronic voting machines (EVMs), have been notable issues in Bhutanese elections. Candidacy requirements including security clearance and extensive competence, legal, and documentary showings have served to dwindle numbers of available local government cadres. As a result, local government elections slated for 2008 were delayed until 2011. The political, though not electoral, landscape is largely male-dominated. Furthermore, other aspects of the Bhutanese legal landscapeLaw of Bhutan
The 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...
, from the Constitution
Constitution of Bhutan
The Constitution of Bhutan 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...
to citizenship legislation, shape election-related issues in Bhutan.
Delayed elections and government action
Between 2008 and 2011, delayed and staggered elections for local level government has resulted in an inability to form quora on the DzongkhagDzongkhag
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...
, Gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
, 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...
levels. Although elections were originally slated for 2008, various participatory hurdles, demarcation problems, and legal questions posed by the Election Commission regarding the constitutionality of election laws produced significant delays. Although demarcation is a basic requisite for the determination of electoral rolls, the task presented particular difficulty for the government. The electoral rolls themselves, and requirements behind registration, served to lower the level of participation.
Electoral rolls
Because of electoral rolls reflect census data on citizenship and origin, many would-be voters in 2011 were legally registered in DzongkhagDzongkhag
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...
s and Chiwogs other than where they reside. This is especially true in urban areas such as 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...
, where some 6,000 were eligible to vote out of a population of over 86,000.
Participation
Between 2008 and 2011, recruitment and retention of Tshogpas, or local government council members, remained a serious issue. Obstacles range from lack of interest and lack of economic incentives to difficulty in compliance and obtaining accreditation under existing election laws. The functional literacy and skills test alone left many constituencies without the minimum of two candidates, leading to lengthy delay of the local government elections of 2011Bhutanese local government elections, 2011
The Bhutanese local government elections of 2011 were originally slated for 2008, but were delayed until 2011. Elections began on January 20, 2011, however polls opened in only 3 of 20 districts – Thimphu, Chukha District , and Samdrup Jongkhar – as part of a staggered election schedule. Polls...
, originally slated for 2008. The first round of the functional literacy and skills test left many Gewog
Gewog
A gewog, or geog refers to a group of villages in Bhutan. Gewogs form a geographic administrative unit below dzongkhag districts , and above thromde municipalities. Bhutan comprises 205 gewogs, which average 230 km² in area...
s with no representatives, though second round results showed a pass rate over 90%. Although women elected to office remained relatively few (14% before local elections according to the UNHCR), more than half of voters in initial local government elections were women. In initial local-level voting in 2011, voter turnout was about 50%. This has raised the question of whether women would benefit from quotas in public service, highlighting the need to encourage further female electoral and political participation.
In contrast, many lay monks and former lay monks, facing Constitutional
Constitution of Bhutan
The Constitution of Bhutan 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...
hurdles in voting as well as registering and certifying as candidates, have actively sought to participate in elections and government since democratization.
Electronic voting machines
In its elections, Bhutan uses 4,000 electronic voting machines (EVMs) produced in Hyderabad and BangaloreBangalore
Bengaluru , formerly called Bengaluru is the capital of the Indian state of Karnataka. Bangalore is nicknamed the Garden City and was once called a pensioner's paradise. Located on the Deccan Plateau in the south-eastern part of Karnataka, Bangalore is India's third most populous city and...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
. The EVMs were used in National Assembly elections
Bhutanese general election, 2008
Bhutan held its first general election on March 24, 2008 for the National Assembly. Two parties were registered by the Election Commission of Bhutan to contest the election: the Bhutan Peace and Prosperity Party , which was formed by the merger of the previously established Bhutan People's United...
, National Council elections
Bhutanese National Council election, 2007–2008
The general elections to the National Council of Bhutan, the upper house of the new bicameral Parliament of Bhutan were held for the first time on December 31, 2007, though they were originally scheduled for December 26, 2007...
, and local elections
Bhutanese local government elections, 2011
The Bhutanese local government elections of 2011 were originally slated for 2008, but were delayed until 2011. Elections began on January 20, 2011, however polls opened in only 3 of 20 districts – Thimphu, Chukha District , and Samdrup Jongkhar – as part of a staggered election schedule. Polls...
. An incident of tampering similar EVMs in India had put their security into question, however the Chief Election Commissioner assured the public that last-minute randomized EVM distribution and adequate backup machines prevented tampering.
See also
- Bhutanese legislationBhutanese legislationBhutanese 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...
- Constitution of BhutanConstitution of BhutanThe Constitution of Bhutan 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...
- Local Government Act of Bhutan 2009Local Government Act of Bhutan 2009The 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...
- Constitution of Bhutan
- Law enforcement in Bhutan
- Electoral calendar
- Electoral system