Politics of Bhutan
Encyclopedia
The 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, headed by the Prime Minister. Legislative power is vested in the bicameral Parliament
, both the upper National Council
and the lower National Assembly
. A royal edict issued on April 22, 2007 lifted the previous ban on political parties
, ordering that they be created, in anticipation of National Assembly elections to be held the following year. In 2008, Bhutan adopted its first modern Constitution
, codifying the institutions of government and the legal framework for a democratic multi-party system
.
by the British Raj, during which time the present monarchy
was established. Foreign and defence policy was to be decided by the British according to the 1910 Treaty of Punakha
. This did not mean so much to the Bhutanese however due to their policy of self-imposed isolation. In 1949, after Indian independence, Bhutan and India agreed to a ten-article, perpetual treaty which effectively continued the relationship, but with India taking the place of the United Kingdom. That is, India agreed not to interfere in Bhutan's internal relations, while Bhutan agreed "to be guided by the advice of the Government of India in regard to its external relations" (Article 2). The treaty also established free trade and full extradition between the two countries.
While Bhutan sees its destiny as being closely linked with that of India, for which reason it strives to promote excellent relations with it, it has also quietly striven to assert its sovereignty at the same time.
Article 2 of the 1949 treaty has mostly been ignored by both countries as Bhutan confidently handles all of its foreign affairs, including the sensitive border demarcation talks with China.
In February 2007, the Indo-Bhutan Friendship Treaty was substantially revised with all references to phrases such as "will be guided" deleted, thus eliminating the last lingering doubts about the sovereign and independent status of Bhutan.
provides for a government consisting of three main branches – executive, legislative, and judicial – plus the officially apolitical Dratshang Lhentshog
(Monastic Affairs Commission) of the Drukpa Kagyu state religion. The secular and religious
branches of government are unified in the person of the Druk Gyalpo (King of Bhutan).
The trichotomy of secular government is not absolute. There are many independent commissions, agencies, and institutions that operate outside this general framework, such as the Royal Monetary Authority
and Election Commission. There are also agencies whose members are drawn from more than one branch of government, such as the Judicial Commission. In addition, there are several ministries within the cabinet
executive branch, such as the Ministry of Home and Cultural Affairs
, which in turn delegate powers to subsidiary departments according to legislation
by the legislative branch. The legislative branch itself oversees devolved local governments
.
|Jigme Khesar Namgyal Wangchuck
|
|15 December 2006
|-
|Prime Minister
|Jigme Thinley
|Druk Phuensum Tshogpa Party
|24 March 2008
|}
Bhutan's head of state
is the Druk Gyalpo ("Dragon King"). Although his title is hereditary, he must retire by age 65, and he can be removed by a two-thirds majority vote by the parliament
. Prior to 2008, a similar abdication process existed under which the unicameral National Assembly, or Tshogdu
could force the king to abdicate.
The Je Khenpo
is the highest religious official of Bhutan
and head of the Dratshang Lhentshog
(Monastic Affairs Commission). He is typically viewed as the closest and most powerful advisor to the King of Bhutan. The 71st and present Je Khenpo is Trulku Jigme Chhoeda.
Bhutan's head of government
is its Prime Minister. The Prime Minister is nominated by the party that wins the most seats in the National Assembly
and heads the executive cabinet, called the Lhengye Zhungtshog
(Council of Ministers).
In 1998, the monarch's executive
powers were transferred to the Council of Ministers, or Lhengye Zhungtshog
(cabinet). Candidates for the Council of Ministers are elected by the National Assembly for a fixed five-year term and must be a part of the legislative assembly. The cabinet is headed by the Prime Minister, who is the head of government
. The post of Prime Minister rotates each year between the five candidates who secures the highest number of votes. The 2005 draft Constitution of Bhutan
included provision for a two-party democratic system that was unveiled after four years of preparation. Previously, the candidates to the cabinet Council of Ministers (Lhengye Zhungtshog
) were nominated by the monarch, elected by the National Assembly. The members served fixed, five-year terms. There was also a Royal Advisory Council (Lodoi Tsokde), members nominated by the monarch.
under the Constitution of 2008
. The Bhutanese parliament
is bicameral, consisting of a National Council
(upper house) and a National Assembly
(lower house).
Prior to 2008, the legislative branch was the unicameral Tshogdu
. The Tshogdu
had 150 members, 106 members elected at various dates for a three year term in single-seat constituencies, 34 appointed members and 10 representatives of the monastic body. Suffrage
in Bhutan at that time was unique in that each family unit, rather than individual, had one vote.
are overseen by the Election Commission, an independent government regulatory agency.
Candidates for most elections and appointments in Bhutan must be non-partisan, however political parties may slate candidates for seats in the National Assembly
. The party that wins the most seats nominates the Prime Minister. The first and current Prime Minister, Lyonchen Jigme Thinley, is a member of the Bhutan Peace and Prosperity Party
.
Political pressure groups include the Buddhist clergy; ethnic Nepalese organizations leading militant anti-government campaign; Indian merchant community and the exiled United Front for Democracy.
. Under the Constitution of 2008
, the Judicial branch consists of the Supreme Court
, the High Court
, and twenty Dzongkhag Court
s. For thirteen dungkhag
jurisdictions in six Dzongkhag
s, Dungkhag Court
s are the courts of first instance. In all jurisdictions outside dungkhags, the Dzongkhag Courts are the civil and criminal courts of first instance. The High Court is the first court of appeal, and the Supreme Court is the court of final appeal. The Supreme Court also has original jurisdiction
over Constitutional questions and matters of national importance referred by the King. Judges of the Supreme and High courts are appointed by the King.
Before 2008 in the Bhutanese judicial system
, the monarch was the final court of appeal (the "Supreme Court of Appeal"), and local government officials adjudicated minor crimes. The Royal High Court of Bhutan
was the highest court in the country and had original jurisdiction
over the twenty districts of the nation. Judicial appointments were made by the monarch, and could be recalled by him at any time.
defines required proof of guilt more closely, providing increased protection against trivial or mistaken charges. Minor criminal offences may be tried by the dzongkhag Drangpon
(District Judge).
Bhutan has not accepted compulsory International Court of Justice
jurisdiction
.
, singular and plural); Bumthang
, Chukha, Dagana
, Gasa
, Ha, Lhuntse, Mongar
, Paro
, Pemagatshel, Punakha
, Samdrup Jongkhar, Samtse
, Sarpang
, Thimphu
, Trashirang, Trashiyangtse, Trongsa
, Tsirang
, Wangdue Phodrang, and Zhemgang.
, BIMSTEC
, CP
, ESCAP
, FAO
, G-77
, IBRD
, ICAO
, IDA
, IFAD
, IFC
, IMF
, Intelsat
, Interpol
, IOC
, ITU
, NAM
, OPCW
, SAARC
, UN
, UNCTAD
, UNESCO
, UNIDO
, UPU
, WHO
, WIPO
, WMO
, WToO
Ngawang Namgyel, the Tibetan
lama
and military leader who unified Bhutan as a nation state in the 17th century. The Shabdrung sought to unify the country not only politically but culturally as well. He established the Driglam Namzha
, guidelines for architecture, festivals, and public dress and behavior. These guidelines were intentionally codified to encourage the emergence of a distinctive Bhutanese identity.
During the six 5-year plans for Bhutan's planned developing starting from the 1960s, authorities seemed to take the survival for Bhutan's tradition and culture for granted. During that period of rapid development a significant part of Bhutan's population, principally the youth, were exposed overnight to outside ideas, cultures, and influences. This period also saw a marked increase in immigrants
from Nepal
and India
, most of whom settled in the south among the Lhotshampa
.
By the 1980s, the government felt it necessary to safeguard the dominant Ngalop
culture. In 1989 the government elevated the status of the Driglam Namzha dress code from recommended to mandatory. Afterward, all citizens were required to observe the dress code (the gho
and kira) in public during business hours. This decree was resented by the Hindu
Lhotshampa
in the southern lowlands who voiced complaints about being forced to wear the clothing of the Ngalop
. This was accompanied by regulations restricting employment and educational opportunities for residents who were not of full Bhutanese descent. However, the government finds it difficult to relent because it perceives a threat to tradition demographically and culturally. As a result of ethnic tensions, there were an estimated 107,000 refugees and asylum seekers, mostly Lhotshampa
, in refugee camps in Nepal
in 2008. By January 2010, an estimated 90,078 remained persons of concern.
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...
; between 1907 and the 1950s however, Bhutan was an absolute monarchy
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...
. The peaceful march to democracy has been a steady one. The King of Bhutan is 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...
. Executive power
Executive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
is exercised by 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....
, or council of ministers, headed by the Prime Minister. Legislative power is vested in the bicameral 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...
, both the upper 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 the lower 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 :...
. A royal edict issued on April 22, 2007 lifted the previous ban on political parties
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...
, ordering that they be created, in anticipation of National Assembly elections to be held the following year. In 2008, Bhutan adopted its first modern 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...
, codifying the institutions of government and the legal framework for a democratic multi-party system
Multi-party system
A multi-party system is a system in which multiple political parties have the capacity to gain control of government separately or in coalition, e.g.The Conservative-Liberal Democrat coalition in the United Kingdom formed in 2010. The effective number of parties in a multi-party system is normally...
.
Sovereignty
The Bhutanese people have historically never had doubts about their nation's sovereignty. Bhutan in fact has never been colonized. However, to the outside world, namely India and before that the British Raj, Bhutan was viewed as less than sovereign for their own geopolitical interests. Bhutan was treated as a suzeraintySuzerainty
Suzerainty occurs where a region or people is a tributary to a more powerful entity which controls its foreign affairs while allowing the tributary vassal state some limited domestic autonomy. The dominant entity in the suzerainty relationship, or the more powerful entity itself, is called a...
by the British Raj, during which time the present monarchy
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...
was established. Foreign and defence policy was to be decided by the British according to the 1910 Treaty of Punakha
Treaty of Punakha
The Treaty of Punakha was an agreement signed on January 8, 1910, at Punakha Dzong between the recently consolidated Kingdom of Bhutan and British India. The Treaty of Punakha is not a stand-alone document, but represents a modification of the Treaty of Sinchula of 1865, the prior working agreement...
. This did not mean so much to the Bhutanese however due to their policy of self-imposed isolation. In 1949, after Indian independence, Bhutan and India agreed to a ten-article, perpetual treaty which effectively continued the relationship, but with India taking the place of the United Kingdom. That is, India agreed not to interfere in Bhutan's internal relations, while Bhutan agreed "to be guided by the advice of the Government of India in regard to its external relations" (Article 2). The treaty also established free trade and full extradition between the two countries.
While Bhutan sees its destiny as being closely linked with that of India, for which reason it strives to promote excellent relations with it, it has also quietly striven to assert its sovereignty at the same time.
Article 2 of the 1949 treaty has mostly been ignored by both countries as Bhutan confidently handles all of its foreign affairs, including the sensitive border demarcation talks with China.
In February 2007, the Indo-Bhutan Friendship Treaty was substantially revised with all references to phrases such as "will be guided" deleted, thus eliminating the last lingering doubts about the sovereign and independent status of Bhutan.
Branches of government
The Constitution of BhutanConstitution 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...
provides for a government consisting of three main branches – executive, legislative, and judicial – plus the officially apolitical 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...
(Monastic Affairs Commission) of the Drukpa Kagyu state religion. The secular and religious
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...
branches of government are unified in the person of the Druk Gyalpo (King of Bhutan).
The trichotomy of secular government is not absolute. There are many independent commissions, agencies, and institutions that operate outside this general framework, such as the Royal Monetary Authority
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...
and Election Commission. There are also agencies whose members are drawn from more than one branch of government, such as the Judicial Commission. In addition, there are several ministries within the cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
executive branch, such as 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...
, which in turn delegate powers to subsidiary departments according to 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...
by the legislative branch. The legislative branch itself oversees devolved 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...
.
Executive branch
|King|Jigme Khesar Namgyal Wangchuck
Jigme Khesar Namgyal Wangchuck
Jigme Khesar Namgyel Wangchuck is the 5th and current reigning Dragon King of the Kingdom of Bhutan. He became king on 14 December 2006 being crowned on 6 November 2008.-Family:...
|
|15 December 2006
|-
|Prime Minister
|Jigme Thinley
|Druk Phuensum Tshogpa Party
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...
|24 March 2008
|}
Bhutan's 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...
is the Druk Gyalpo ("Dragon King"). Although his title is hereditary, he must retire by age 65, and he can be removed by a two-thirds majority vote by the 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...
. Prior to 2008, a similar abdication process existed under which the unicameral National Assembly, or Tshogdu
Tshogdu
The Tshogdu was the unicameral legislature of Bhutan until 31 July 2007. The legislature had a total of 150 members...
could force the king to abdicate.
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...
is the highest religious official of Bhutan
Bhutan
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...
and head 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...
(Monastic Affairs Commission). He is typically viewed as the closest and most powerful advisor to the King of Bhutan. The 71st and present Je Khenpo is Trulku Jigme Chhoeda.
Bhutan's head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
is its Prime Minister. The Prime Minister is nominated by the party that wins the most seats in 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 :...
and heads the executive cabinet, called 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).
In 1998, the monarch's executive
Executive (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...
powers were transferred to the Council of Ministers, or 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). Candidates for the Council of Ministers are elected by the National Assembly for a fixed five-year term and must be a part of the legislative assembly. The cabinet is headed by the Prime Minister, who is the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
. The post of Prime Minister rotates each year between the five candidates who secures the highest number of votes. The 2005 draft Constitution of Bhutan
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...
included provision for a two-party democratic system that was unveiled after four years of preparation. Previously, the candidates to the cabinet Council of Ministers (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....
) were nominated by the monarch, elected by the National Assembly. The members served fixed, five-year terms. There was also a Royal Advisory Council (Lodoi Tsokde), members nominated by the monarch.
Legislative branch
Bhutan elects its legislative branch through 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...
under 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...
. The Bhutanese 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...
is bicameral, consisting of a 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...
(upper house) and a 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 :...
(lower house).
Prior to 2008, the legislative branch was the unicameral Tshogdu
Tshogdu
The Tshogdu was the unicameral legislature of Bhutan until 31 July 2007. The legislature had a total of 150 members...
. The Tshogdu
Tshogdu
The Tshogdu was the unicameral legislature of Bhutan until 31 July 2007. The legislature had a total of 150 members...
had 150 members, 106 members elected at various dates for a three year term in single-seat constituencies, 34 appointed members and 10 representatives of the monastic body. Suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
in Bhutan at that time was unique in that each family unit, rather than individual, had one vote.
Political parties and elections
In Bhutan, political parties, elections, and referendaElections 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...
are overseen by the Election Commission, an independent government regulatory agency.
Candidates for most elections and appointments in Bhutan must be non-partisan, however political parties may slate candidates for seats in 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 party that wins the most seats nominates the Prime Minister. The first and current Prime Minister, Lyonchen Jigme Thinley, is a member of the Bhutan Peace and Prosperity Party
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...
.
Political pressure groups include the Buddhist clergy; ethnic Nepalese organizations leading militant anti-government campaign; Indian merchant community and the exiled United Front for Democracy.
Judicial branch
Bhutan's legal system is based on codes established by Shabdrung Ngawang Namgyal in 17th century and influenced by Anglo-Indian common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Under 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...
, the Judicial branch consists of 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...
, and twenty 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. For thirteen dungkhag
Dungkhag
A dungkhag is a sub-district of a dzongkhag of Bhutan. The head of a dungkhag is a Dungpa...
jurisdictions in six 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, 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 the courts of first instance. In all jurisdictions outside dungkhags, the Dzongkhag Courts are the civil and criminal courts of first instance. The High Court is the first court of appeal, and the Supreme Court is the court of final appeal. The Supreme Court also has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over Constitutional questions and matters of national importance referred by the King. Judges of the Supreme and High courts are appointed by the King.
Before 2008 in the Bhutanese judicial system
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, the monarch was the final court of appeal (the "Supreme Court of Appeal"), and local government officials adjudicated minor crimes. The Royal High Court of Bhutan
Royal High Court of Bhutan
The Bhutanese Royal Court of Justice is the government body which oversees the judicial system of Bhutan. Senior Judges of the courts are appointed by the monarch. Bhutan's legal system is influenced by English common law...
was the highest court in the country and had original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over the twenty districts of the nation. Judicial appointments were made by the monarch, and could be recalled by him at any time.
Legal system
The criminal justice system is based on trial before a panel of judges, and therefore resembles more the Napoleonic than the British or American adversarial systems. The prosecutor, a government employee, seeks to obtain an acknowledgement of culpability from the accused. If this happens quickly, the sentencing may be lenient. If culpability is obvious but the accused refuses to admit to it, the sentence may be correspondingly severe. Judges may dismiss the case for lack of proof at any time. Recent legislationBhutanese 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...
defines required proof of guilt more closely, providing increased protection against trivial or mistaken charges. Minor criminal offences may be tried by the dzongkhag Drangpon
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...
(District Judge).
Bhutan has not accepted compulsory International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
jurisdiction
Jurisdiction of the International Court of Justice
The International Court of Justice has jurisdiction in two types of cases: contentious issues between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but...
.
Administrative divisions
Bhutan is divided in 20 districts (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...
, singular and plural); Bumthang
Bumthang District
Bumthang District is one of the 20 dzongkhag comprising Bhutan. It is the most historic dzongkhag if the number of ancient temples and sacred sites is counted...
, Chukha, Dagana
Dagana District
Dagana District is one of the 20 dzongkhag comprising Bhutan...
, Gasa
Gasa District
Gasa District or Gasa Dzongkhag is one of the 20 dzongkhags comprising Bhutan. Its capital is Gasa Dzong near Gasa. It is located in the far north of the county and spans the Middle and High Himalayas. The dominant language of the district is Dzongkha, the national language...
, Ha, Lhuntse, Mongar
Mongar District
Mongar District is one of the 20 dzongkhags comprising Bhutan. Mongar is the fastest-developing dzongkhag in eastern Bhutan. A regional hospital has been constructed and the region is bustling with many economic activities. Mongar is noted for its lemon grass, a plant that can be used to produce...
, Paro
Paro District
Paro District is the name of a district , valley, river and town in Bhutan. It is one of the most historic valleys in Bhutan. Both trade goods and invading Tibetans came over the pass at the head of the valley, giving Paro the closest cultural connection with Tibet of any Bhutanese district...
, Pemagatshel, Punakha
Punakha District
Punakha District is one of the 20 dzongkhags comprising Bhutan. It is bordered by Thimphu, Gasa, and Wangdue Phodrang Districts...
, Samdrup Jongkhar, Samtse
Samtse District
Samtse District is one of the 20 dzongkhags comprising Bhutan.-History and culture:...
, Sarpang
Sarpang District
Sarpang District is one of the 20 dzongkhags comprising Bhutan.-Languages:...
, Thimphu
Thimphu District
Thimphu District is a dzongkhag of Bhutan. Thimphu is also the capital of Bhutan and the largest city in the whole kingdom.-Languages:...
, Trashirang, Trashiyangtse, Trongsa
Trongsa District
Trongsa District is one of the districts of Bhutan. It is the most central district of Bhutan and the geographic centre of Bhutan is located within it at Trongsa Dzong....
, Tsirang
Tsirang District
Tsirang District , is one of the 20 dzongkhags of Bhutan. The administrative center of the district is Damphu...
, Wangdue Phodrang, and Zhemgang.
International organization participation
Bhutan is member of the AsDBAsian Development Bank
The Asian Development Bank is a regional development bank established on 22 August 1966 to facilitate economic development of countries in Asia...
, BIMSTEC
BIMSTEC
Bay of Bengal Initiative for MultiSectoral Technical and Economic Cooperation is an international organisation involving a group of countries in South Asia and South East Asia...
, CP
Colombo Plan
The Colombo Plan is a regional organization that embodies the concept of collective inter-governmental effort to strengthen economic and social development of member countries in the Asia-Pacific Region...
, ESCAP
United Nations Economic and Social Commission for Asia and the Pacific
The Economic and Social Commission for Asia and the Pacific , located in Bangkok, Thailand, is the regional arm of the United Nations Secretariat for the Asian and Pacific region. It was established in 1947 to encourage economic cooperation among its member states...
, FAO
Food and Agriculture Organization
The Food and Agriculture Organization of the United Nations is a specialised agency of the United Nations that leads international efforts to defeat hunger. Serving both developed and developing countries, FAO acts as a neutral forum where all nations meet as equals to negotiate agreements and...
, G-77
Group of 77
The Group of 77 at the United Nations is a loose coalition of developing nations, designed to promote its members' collective economic interests and create an enhanced joint negotiating capacity in the United Nations. There were 77 founding members of the organization, but the organization has...
, IBRD
International Bank for Reconstruction and Development
The International Bank for Reconstruction and Development is one of five institutions that compose the World Bank Group. The IBRD is an international organization whose original mission was to finance the reconstruction of nations devastated by World War II. Now, its mission has expanded to fight...
, ICAO
International Civil Aviation Organization
The International Civil Aviation Organization , pronounced , , is a specialized agency of the United Nations. It codifies the principles and techniques of international air navigation and fosters the planning and development of international air transport to ensure safe and orderly growth...
, IDA
International Development Association
The International Development Association , is the part of the World Bank that helps the world’s poorest countries. It complements the World Bank's other lending arm — the International Bank for Reconstruction and Development — which serves middle-income countries with capital investment and...
, IFAD
International Fund for Agricultural Development
The International Fund for Agricultural Development , a specialized agency of the United Nations, was established as an international financial institution in 1977 as one of the major outcomes of the 1974 World Food Conference. IFAD is dedicated to eradicating rural poverty in developing countries...
, IFC
International Finance Corporation
The International Finance Corporation promotes sustainable private sector investment in developing countries.IFC is a member of the World Bank Group and is headquartered in Washington, D.C., United States....
, IMF
International Monetary Fund
The International Monetary Fund is an organization of 187 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world...
, Intelsat
Intelsat
Intelsat, Ltd. is a communications satellite services provider.Originally formed as International Telecommunications Satellite Organization , it was—from 1964 to 2001—an intergovernmental consortium owning and managing a constellation of communications satellites providing international broadcast...
, Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...
, IOC
International Olympic Committee
The International Olympic Committee is an international corporation based in Lausanne, Switzerland, created by Pierre de Coubertin on 23 June 1894 with Demetrios Vikelas as its first president...
, ITU
International Telecommunication Union
The International Telecommunication Union is the specialized agency of the United Nations which is responsible for information and communication technologies...
, NAM
Non-Aligned Movement
The Non-Aligned Movement is a group of states considering themselves not aligned formally with or against any major power bloc. As of 2011, the movement had 120 members and 17 observer countries...
, OPCW
Organisation for the Prohibition of Chemical Weapons
The Organisation for the Prohibition of Chemical Weapons is an intergovernmental organization, located in The Hague, Netherlands. The organization promotes and verifies the adherence to the Chemical Weapons Convention which prohibits of the use of chemical weapons and requires their destruction...
, SAARC
South Asian Association for Regional Cooperation
The South Asian Association for Regional Cooperation is an organisation of South Asian nations, founded in December 1985 by Ziaur Rahman and dedicated to economic, technological, social, and cultural development emphasising collective self-reliance. Its seven founding members are Bangladesh,...
, UN
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, UNCTAD
United Nations Conference on Trade and Development
The United Nations Conference on Trade and Development was established in 1964 as a permanent intergovernmental body. It is the principal organ of the United Nations General Assembly dealing with trade, investment, and development issues....
, UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...
, UNIDO
United Nations Industrial Development Organization
The United Nations Industrial Development Organization , French/Spanish acronym ONUDI, is a specialized agency in the United Nations system, headquartered in Vienna, Austria...
, UPU
Universal Postal Union
The Universal Postal Union is an international organization that coordinates postal policies among member nations, in addition to the worldwide postal system. The UPU contains four bodies consisting of the Congress, the Council of Administration , the Postal Operations Council and the...
, WHO
World Health Organization
The World Health Organization is a specialized agency of the United Nations that acts as a coordinating authority on international public health. Established on 7 April 1948, with headquarters in Geneva, Switzerland, the agency inherited the mandate and resources of its predecessor, the Health...
, WIPO
World Intellectual Property Organization
The World Intellectual Property Organization is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world"....
, WMO
World Meteorological Organization
The World Meteorological Organization is an intergovernmental organization with a membership of 189 Member States and Territories. It originated from the International Meteorological Organization , which was founded in 1873...
, WToO
World Tourism Organization
The World Tourism Organization , based in Madrid, Spain, is a United Nations agency dealing with questions relating to tourism. It compiles the World Tourism rankings. The World Tourism Organization is a significant global body, concerned with the collection and collation of statistical information...
Preserving traditional culture
The codification of Bhutanese culture traces its roots directly back to ShabdrungShabdrung
Shabdrung , was a title used when referring to or addressing great lamas in Tibet, particularly those who held a hereditary lineage...
Ngawang Namgyel, the Tibetan
Tibetan people
The Tibetan people are an ethnic group that is native to Tibet, which is mostly in the People's Republic of China. They number 5.4 million and are the 10th largest ethnic group in the country. Significant Tibetan minorities also live in India, Nepal, and Bhutan...
lama
Lama
Lama is a title for a Tibetan teacher of the Dharma. The name is similar to the Sanskrit term guru .Historically, the term was used for venerated spiritual masters or heads of monasteries...
and military leader who unified Bhutan as a nation state in the 17th century. The Shabdrung sought to unify the country not only politically but culturally as well. He established the Driglam Namzha
Driglam namzha
The Driglam Namzha is the official behaviour and dress code of the Kingdom of Bhutan. It governs how citizens should dress in public and how they should behave in formal settings. It also regulates a number of cultural assets such as art and architecture...
, guidelines for architecture, festivals, and public dress and behavior. These guidelines were intentionally codified to encourage the emergence of a distinctive Bhutanese identity.
During the six 5-year plans for Bhutan's planned developing starting from the 1960s, authorities seemed to take the survival for Bhutan's tradition and culture for granted. During that period of rapid development a significant part of Bhutan's population, principally the youth, were exposed overnight to outside ideas, cultures, and influences. This period also saw a marked increase in immigrants
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...
from Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
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...
, most of whom settled in the south among the Lhotshampa
Lhotshampa
Lhotshampa, or Lhotsampa, means "southerners" in Dzongkha, the national language of Bhutan. The term refers to the heterogeneous ethnic Nepalese population of Bhutan.-History:...
.
By the 1980s, the government felt it necessary to safeguard the dominant Ngalop
Ngalop
The Ngalop are people of Tibetan origin who migrated to Bhutan as early as the ninth century. For this reason, they are often referred to in literature as "Bhote"...
culture. In 1989 the government elevated the status of the Driglam Namzha dress code from recommended to mandatory. Afterward, all citizens were required to observe the dress code (the gho
Gho
The gho is the traditional and national dress for men in Bhutan. Introduced in the 17th century by Shabdrung Ngawang Namgyel to give the Bhutanese a more distinctive identity, it is a knee-length robe tied at the waist by a cloth belt known as the kera...
and kira) in public during business hours. This decree was resented by the Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
Lhotshampa
Lhotshampa
Lhotshampa, or Lhotsampa, means "southerners" in Dzongkha, the national language of Bhutan. The term refers to the heterogeneous ethnic Nepalese population of Bhutan.-History:...
in the southern lowlands who voiced complaints about being forced to wear the clothing of the Ngalop
Ngalop
The Ngalop are people of Tibetan origin who migrated to Bhutan as early as the ninth century. For this reason, they are often referred to in literature as "Bhote"...
. This was accompanied by regulations restricting employment and educational opportunities for residents who were not of full Bhutanese descent. However, the government finds it difficult to relent because it perceives a threat to tradition demographically and culturally. As a result of ethnic tensions, there were an estimated 107,000 refugees and asylum seekers, mostly Lhotshampa
Lhotshampa
Lhotshampa, or Lhotsampa, means "southerners" in Dzongkha, the national language of Bhutan. The term refers to the heterogeneous ethnic Nepalese population of Bhutan.-History:...
, in refugee camps in Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
in 2008. By January 2010, an estimated 90,078 remained persons of concern.