On March 26, 2005, the King of Bhutan, Jigme Singye Wangchuk, announced a new draft Constitution. Presented below is the full text of the same:
PREAMBLE
iii
Article I
1
Kingdom of Bhutan
Article 2
2
The Institution of Monarchy
Article 3
7
Spiritual Heritage
Article 4
8
Culture
Article 5
Environment
Article 6
9
Citizenship
Article 7
10
Fundamental Rights
Article 8
12
Fundamental Duties
Article 9
13
Principles of State Policy
Article 10
16
Parliament
Article 11
18
The National Council
Article 12
19
The National Assembly
Article 13
20
Passing of Bills
Article 14
21
Finance Trade and Commerce
Article 15
22
Political Parties
Article 16
24
Public Campaign Financing
Article 17
25
Formation of Government
Article 18
The Opposition Party
Article 19
26
Interim Government
Article 20
27
The Executive
Article 21
28
The Judiciary
Article 22
30
Local Governments
Article 23
33
Elections
Article 24
35
The Royal Audit Authority
Article 25
36
The Royal Civil Service Commission
Article 26
38
The Anti-Corruption Commission
Article 27
Defence
Article 28
39
The Attorney General
Article 29
40
The Pay Commission
Article 30
Holders of Constitutional Offices
Article 31
41
Impeachment
Article 32
42
National Referendum
Article 33
43
Emergency
Article 34
44
Amendment & Authoritative Text
First Schedule
45
The National Flag and the National Emblem of Bhutan
Second Schedule
The National Anthem of Bhutan
Third Schedule
46
Oath or Affirmation of Office
Fourth Schedule
Oath or Affirmation of Secrecy
Glossary
WE, the people of Bhutan:
BLESSED with the luminous benedictions of the Triple Gem, the protection of our guardian deities, the wisdom of our leaders, the everlasting fortunes of the Pelden Drukpa and the command of His Majesty the Druk Gyalpo, Jigme Singye
Wangchuck;
SOLEMNLY pledging ourselves to strengthen the sovereignty of Bhutan, to secure the blessings of liberty, to ensure justice and tranquillity and to enhance the unity, happiness and well being of the people for all time;
DO HEREBY ordain and adopt this Constitution for the Kingdom of Bhutan on this……..Day of the ……Month of the Year………
Bhutan is a Sovereign Kingdom and the Sovereign power belongs to the people of Bhutan.
The form of Government shall be that of a Democratic Constitutional Monarchy, Any other form of Government shall be unconstitutional and is prohibited.
The international territorial boundary of Bhutan is inviolable and any alteration of areas and boundaries thereof shall be done only with the consent of not less than three-fourths of the total number of members of Parliament.
The territory of Bhutan shall comprise twenty Dzongkhags with each Dzongkhag consisting of Gewogs and Thromde. Creation of any new Dzongkhag or Gewog and alteration of areas and boundaries thereof shall be done only with the consent of not less than three-fourths of the total number of members of Parliament.
The National Flag and the National Emblem of Bhutan shall be as per the First Schedule of this Constitution.
The National Anthem of Bhutan shall be as per the Second Schedule of this Constitution.
The National Day of Bhutan shall be the Seventeenth Day of December of each year.
Dzongkha is the National Language of Bhutan.
This Constitution is the Supreme Law of the State.
All laws in force in the territory of Bhutan shall continue in force therein until altered, repealed or amended by Parliament, However, the provisions of any law, whether made before or after the coming into force of this Constitution, which are inconsistent with this Constitution, shall be considered null and void.
The Supreme Court shall be a court of record and shall be the guardian of this Constitution and the final authority on its interpretation.
The rights over mineral resources, rivers, lakes and all other natural resources shall vest in the State and are the properties of the State, which shall be regulated by law.
There shall be separation of the Executive, the Legislature and the Judiciary and no encroachment of each other's powers is permissible except to the extent provided for by this Constitution.
(a) Pass only to children born of lawful marriage;
(b) Pass by hereditary succession to the direct lineal descendants on the abdication or demise of the Druk Gyalpo, in order of seniority, with a prince taking precedence over a princess, subject to the requirement that, in the event of shortcomings in the elder prince, it shall be the sacred duty of the Druk Gyalpo to select and proclaim the most capable prince or princess as heir to the Throne;
(c) Pass to the child of the Queen who is pregnant at the time of the demise of the Druk Gyalpo if no heir exists under section 3(b);
(d) Pass to the nearest collateral line of the descendants of the Druk Gyalpo in accordance with the principle of lineal descent, with preference being given for elder over the younger, if the Druk Gyalpo has no direct lineal descendant;
(e) Not pass to children incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity; and
(f) Not pass to a person entitled to succeed to the Throne who enters into a marriage with a person other than a Bhutanese citizen.
(a) The successor to the Throne has not attained the age of twenty-one years;
(b) It has been resolved by not less than three-fourths of the total number of members of Parliament in a joint sitting that the Druk Gyalpo is unable to exercise the Royal Prerogatives by reason of temporary physical or mental infirmity; or
(c) The Druk Gyalpo has temporarily relinquished, by Proclamation, the exercise of the Royal Prerogatives.
(a) A senior member of the Royal Family nominated by the Privy Council;
(b) The Prime Minister;
(c) The Chief Justice of Bhutan;
(d) The Speaker;
(e) The Chairperson of the National Council; and
(f) The Leader of the Opposition Party.
(a) Annuities from the State in accordance with law made by Parliament;
(b) 'All rights and privileges including the provision of palaces and residences for official and personal use; and
(c) Exemption from taxation on the royal annuity and properties covered under section 13(a) and 13(b) of this Article.
(a) All matters pertaining to the privileges of the Druk Gyalpo and the Royal Family;
(b) All matters pertaining to the conduct of the Royal Family;
(c) Rendering advice to the Druk Gyalpo on matters concerning the Throne and the Royal Family;
(d) All matters pertaining to crown properties;
(e) All matters pertaining to Royal Projects; and
(f) Any other matter as may be commanded by the Druk Gyalpo.
(a) Award titles, decorations, dar for Lhengye and Nyi-Kyelma in accordance with tradition and custom;
(b) Grant citizenship, land kidu and other kidus with copies of all Kashos for kidu forwarded to the National Council for reference and record;
(c) Grant amnesty and reduction of sentences;
(d) Command Bills and other measures to be introduced in Parliament; and
(e) Exercise powers relating to matters, which are not provided under this Constitution or other laws.
(a) The Chief Justice of Bhutan from among the Drangpons of the Supreme Court or from among eminent jurists in consultation with the National Judicial Commission;
(b) The Drangpons of the Supreme Court from among the Drangpons of the High Court or from among eminent jurists on the recommendation of the National Judicial Commission;
(c) The Chief Justice of the High Court from among the Drangpons of the High Court, Dzongkhag Courts or from among eminent jurists on the recommendation of the National Judicial Commission;
(d) The Drangpons of the High Court from among the Drangpons of the Dzongkhag Courts or from among eminent jurists on the recommendation of the National Judicial Commission;
(e) The Chief Election Commissioner and members of the Election Commission from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party;
(f) The Auditor General from a list of eminent persons recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party;
(g) The Chairperson and members of the Royal Civil Service Commission from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party;
(h) The Chairperson and members of the Anti-Corruption Commission from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party;
(i) The heads of the Defence Forces from a list of names recommended by the Service Promotion Board;
(j) The Attorney General on the recommendation of the Prime Minister;
(k) The Governor of the Central Bank of Bhutan on the recommendation of the Prime Minister;
(1) The Chairperson of the Pay Commission on the recommendation of the Prime Minister;
(m) The Cabinet Secretary on the recommendation of the Prime Minister;
(n) The Secretary General of the respective Houses on the recommendation of the Speaker of the National Assembly and the Chairperson of the National Council;
(o) Ambassadors and Consuls on the recommendation of the Prime Minister;
(p) The Secretaries to the Government on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission on the basis of merit and seniority and as per other relevant rules and regulations; and
(q) Dzongdags on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission.
His Majesty the Druk Gyalpo is the Head of State and the symbol of unity of the Kingdom and of the people of Bhutan.
The. Chhoe-sid-nyi of Bhutan shall be unified in the person of the Druk Gyalpo who, as a Buddhist, shall be the upholder of the Chhoe-sid.
The title to the Golden Throne of Bhutan shall vest in the legitimate descendants of His Majesty Druk Gyalpo Ugyen Wangchuck as enshrined in the inviolable and historic Gyenja of the Thirteenth Day, Eleventh Month of the Earth Monkey Year, corresponding to the Seventeenth Day of December, Nineteen Hundred and Seven and shall:
The successor to the Throne shall receive dar from the Machhen of Zhabdrung Ngawang Namgyal at Punakha Dzong and shall be crowned on the Golden Throne.
Upon the ascension of the Druk Gyalpo to the Throne, the members of the Royal Family, the members of Parliament and the office holders mentioned in section 19 of this Article shall take an Oath of Allegiance to the Druk Gyalpo.
Upon reaching the age of sixty-five years, the Druk Gyalpo shall step down and hand over the Throne to the Crown Prince or Crown Princess, provided the Royal Heir has come of age.
There shall, subject to the provision of section 9 of this Article, be a Council of Regency when;
The Council of Regency shall collectively exercise the Royal Prerogatives and the powers vested in the Druk Gyalpo under this Constitution and shall be composed of:
In the case specified under section 7(b) or 7(c) of this Article, the descendant of the Druk Gyalpo, who is the heir presumptive, shall, instead of the Council of Regency, become Regent by right, if the heir presumptive has attained the age of twenty-one years.
The members of the Council of Regency shall swear an Oath of Allegiance before Parliament to faithfully discharge their duties.
As soon as the Druk Gyalpo regains the ability to exercise the Royal Prerogatives, notice shall be given to that effect by resolution of Parliament or when the Druk Gyalpo resumes the exercise of the Royal Prerogatives under section 7(c) of this Article, such notice shall be by Proclamation.
The members of the Royal Family shall be the reigning and past Monarchs and their Queens and Royal children of reigning and past Monarchs.
The Druk Gyalpo and the members of the Royal Family shall be entitled to;
There shall be a Privy Council, which shall consist of two members appointed by the Druk Gyalpo and one member nominated by the Lhengye Zhungtshog. The Privy Council shall be responsible for:
The Druk Gyalpo shall not be answerable in a court of law for His actions and His person shall be sacrosanct.
The Druk Gyalpo, in exercise of His Royal Prerogatives, may:
The Druk Gyalpo may promote goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries.
The Druk Gyalpo shall protect and uphold this Constitution in the best interest and welfare of the people of Bhutan.
The Druk Gyalpo shall, by warrant under His hand and seal, appoint:
The Druk Gyalpo shall abdicate the Throne for willful violations of this Constitution or for being subject to permanent mental disability, on a motion passed by a joint sitting of Parliament in accordance with the procedure as laid down in sections 21, 22, 23, 24 and 25 of this Article.
Such motion shall be included in the agenda for discussion at a joint sitting of Parliament if not less than two-thirds of the total number of the members of Parliament submit such a motion based on any of the grounds in section 20 of this Article.
The Druk Gyalpo may respond to the motion in writing or by addressing the joint sitting of Parliament in person or through a representative.
The Chief Justice of Bhutan shall preside over the joint sitting of Parliament mentioned in section 21 of this Article.
If, at such joint sitting of Parliament, not less than three-fourths of the total number of members of Parliament passes the motion for abdication, then such a resolution shall be placed before the people in a National Referendum to be approved or rejected.
On such a resolution being approved by a simple majority of the total number of votes cast and counted from all the Dzongkhags in the Kingdom, the Druk Gyalpo shall abdicate in favour of the heir apparent.
Parliament shall make no laws or exercise its powers to amend this Constitution so as to affect all or any of the provisions of this Article.
(a) His Holiness the Je Khenpo as Chairman;
(b) The Four Lopons of the Zhung Dratshang; and
(c) The Secretary of the Dratshang Lhentshog who shall be a civil servant.
Buddhism is the spiritual heritage of Bhutan, which promotes among others the principles and values of peace, non-violence, compassion and tolerance.
Bhutan is a country of Chhoe-sid and, in keeping with this tradition, the Druk Gyalpo is the protector of all religions.
It shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also ensuring that religion remains separate from politics in Bhutan, Religious institutions and personalities shall remain above politics.
The Druk Gyalpo shall, on the recommendation of the Four Lopons, appoint a learned and respected monk ordained in accordance with the Druk-lu, blessed with the nine qualities of a spiritual master and accomplished in ked-dzog, as the Je Khenpo.
His Holiness the Je Khenpo shall, on the recommendation of the Dratshang Lhentshog, appoint monks blessed with the nine qualities of a spiritual master and accomplished in ked-dzog as the Four Lopons.
The members of the Dratshang Lhentshog shall comprise;
The Zhung Dratshang and Rabdeys shall continue to receive adequate funds and other facilities from the State.