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Draft Constitution of Bhutan

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:

Table of Contents

PREAMBLE

iii

Article I

1

Kingdom of Bhutan

1

Article 2

2

The Institution of Monarchy

2

Article 3

7

Spiritual Heritage

7

Article 4

8

Culture

8

Article 5

8

Environment

8

Article 6

9

Citizenship

9

Article 7

10

Fundamental Rights

10

Article 8

12

Fundamental Duties

12

Article 9

13

Principles of State Policy

13

Article 10

16

Parliament

16

Article 11

18

The National Council

18

Article 12

19

The National Assembly

19

Article 13

20

Passing of Bills

20

Article 14

21

Finance Trade and Commerce

21

Article 15

22

Political Parties

22

Article 16

24

Public Campaign Financing

24

Article 17

25

Formation of Government

25

Article 18

25

The Opposition Party

25

Article 19

26

Interim Government

26

Article 20

27

The Executive

27

Article 21

28

The Judiciary

28

Article 22

30

Local Governments

30

Article 23

33

Elections

33

Article 24

35

The Royal Audit Authority

35

Article 25

36

The Royal Civil Service Commission

36

Article 26

38

The Anti-Corruption Commission

38

Article 27

38

Defence

38

Article 28

39

The Attorney General

39

Article 29

40

The Pay Commission

40

Article 30

40

Holders of Constitutional Offices

40

Article 31

41

Impeachment

41

Article 32

42

National Referendum

42

Article 33

43

Emergency

43

Article 34

44

Amendment & Authoritative Text

44

First Schedule

45

The National Flag and the National Emblem of Bhutan

45

Second Schedule

45

The National Anthem of Bhutan

45

Third Schedule

46

Oath or Affirmation of Office

46

Fourth Schedule

46

Oath or Affirmation of Secrecy

46

Glossary

 


Preamble

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………

 

Article 1
Kingdom of Bhutan

  1. Bhutan is a Sovereign Kingdom and the Sovereign power belongs to the people of Bhutan.

  2. The form of Government shall be that of a Democratic Constitutional Monarchy, Any other form of Government shall be unconstitutional and is prohibited.

  3. 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.

  4. 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.

  5. The National Flag and the National Emblem of Bhutan shall be as per the First Schedule of this Constitution.

  6. The National Anthem of Bhutan shall be as per the Second Schedule of this Constitution.

  7. The National Day of Bhutan shall be the Seventeenth Day of December of each year.

  8. Dzongkha is the National Language of Bhutan.

  9. This Constitution is the Supreme Law of the State.

  10. 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.

  11. The Supreme Court shall be a court of record and shall be the guardian of this Constitution and the final authority on its interpretation.

  12. 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.

  13. 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.

Article 2
The Institution of Monarchy

  1. His Majesty the Druk Gyalpo is the Head of State and the symbol of unity of the Kingdom and of the people of Bhutan.

  2. 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.

  3. 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:

  4. (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.

  5. 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.

  6. 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.

  7. 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.

  8. There shall, subject to the provision of section 9 of this Article, be a Council of Regency when;

  9. (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.

  10. 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:

  11. (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.

  12. 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.

  13. The members of the Council of Regency shall swear an Oath of Allegiance before Parliament to faithfully discharge their duties.

  14. 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.

  15. The members of the Royal Family shall be the reigning and past Monarchs and their Queens and Royal children of reigning and past Monarchs.

  16. The Druk Gyalpo and the members of the Royal Family shall be entitled to;

  17. (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.

  18. 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:

  19. (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.

  20. The Druk Gyalpo shall not be answerable in a court of law for His actions and His person shall be sacrosanct.

  21. The Druk Gyalpo, in exercise of His Royal Prerogatives, may:

  22. (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.

  23. The Druk Gyalpo may promote goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries.

  24. The Druk Gyalpo shall protect and uphold this Constitution in the best interest and welfare of the people of Bhutan.

  25. The Druk Gyalpo shall, by warrant under His hand and seal, appoint:

  26. (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.

  27. 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.

  28. 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.

  29. The Druk Gyalpo may respond to the motion in writing or by addressing the joint sitting of Parliament in person or through a representative.

  30. The Chief Justice of Bhutan shall preside over the joint sitting of Parliament mentioned in section 21 of this Article.

  31. 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.

  32. 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.

  33. 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.

Article 3
Spiritual Heritage

  1. Buddhism is the spiritual heritage of Bhutan, which promotes among others the principles and values of peace, non-violence, compassion and tolerance.

  2. Bhutan is a country of Chhoe-sid and, in keeping with this tradition, the Druk Gyalpo is the protector of all religions.

  3. 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.

  4. 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.

  5. 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.

  6. The members of the Dratshang Lhentshog shall comprise;

  7. (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.

  8. The Zhung Dratshang and Rabdeys shall continue to receive adequate funds and other facilities from the State.

Article 4
Culture

  1. The State shall endeavour to preserve, protect and promote the cultural heritage of the country, including monuments, places and objects of artistic or historic interest, Dzongs, Lhakhangs, Goendeys, Ten-sum, Nyes, language, literature, music and religion to enrich society and the cultural life of the citizens.
  2. The State shall recognize culture as an evolving dynamic force and shall endeavour to strengthen and facilitate the continued evolution of traditional values and institutions that are sustainable as a progressive society.
  3. The State shall conserve and encourage research on local arts, custom, knowledge and culture.
  4. Parliament may enact such legislation as may be necessary to advance the cause of the cultural enrichment of Bhutanese society.
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Source: Kuensel Online

 

 

 

 

 
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