Draft Constitution of Bhutan

1. 1. There shall be a Royal Audit Authority to audit and report on the economy, efficiency, and effectiveness in the use of public resources.
2. The Royal Audit Authority shall be an independent authority headed by the Auditor General who shall be appointed by the Druk Gyalpo 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.
3. The term of office of the Auditor General shall be five years or until attaining the age of sixty-five years, whichever is earlier.
4. The Royal Audit Authority shall, without fear, favour, or prejudice, audit the accounts of all departments and offices of the Royal Government including all offices under the Legislature and the Judiciary, all public authorities and bodies administering public funds, the police and the defence forces as well as the revenues, public and other monies received and the advances and reserves of Bhutan.
5. The Auditor General shall submit an Annual Audit Report to the Druk Gyalpo, the Prime Minister and Parliament.
6. Parliament shall appoint a five member Public Accounts Committee comprising of members of Parliament, who are reputed for their integrity to review and report on the Annual Audit Report to Parliament for its consideration or on any other report presented by the Auditor General.
7. The Royal Audit Authority shall function in accordance with the Audit Act.

Article 25
The Royal Civil Service Commission

1. There shall be a Royal Civil Service Commission, which shall promote and ensure an independent and apolitical civil service that will discharge its public duties in an efficient, transparent and accountable manner.
2. The Commission shall consist of a Chairperson and four other members appointed by the Druk Gyalpo from among eminent persons having such qualifications and experience as would enhance the performance of the 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.
3. The term of office of the Chairperson and members of the Commission shall be five years or until they attain the age of sixty-five years for the Chairperson and sixty years for the members, whichever is earlier.
4. The Commission shall endeavour to ensure that civil servants render professional service, guided by the highest standards of ethics and integrity to promote good governance and social justice, in implementing the policies and programmes of government.
5. The Commission shall, in the interest of promoting merit, productivity and equity, ensure that uniform rules and regulations on recruitment, appointment, staffing, training, transfers and promotion prevail throughout the civil service.
6. The Commission shall ensure that all civil servants shall have recourse to justice through the Administrative Tribunal established under section 15 of Article 21 to hear their appeals against administrative decisions including those of the Commission.
7. The Commission shall be accessible to those civil servants who have been adversely affected by administrative action.
8. The Commission shall meet regularly and shall be supported by a permanent Secretariat, which shall function as the central personnel agency of Government.
9. The Commission shall submit an Annual Report on its policies and performances to the Druk Gyalpo and to the Prime Minister.
10. Parliament shall, by law, prescribe the mandates, functions, powers, and the Civil Service Values and Code as envisaged under this Constitution.

Article 26
The Anti-Corruption Commission

1. There shall be an Anti-Corruption Commission, headed by a Chairperson and comprising two members, which shall be an independent authority and shall take all necessary steps to prevent and combat corruption in the Kingdom and shall exercise such powers and functions as may be prescribed by law made by Parliament.
2. The Chairperson and members of the Commission shall be appointed by the Druk Gyalpo 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.
3. The term of office of the Chairperson and members of the Commission shall be five years or until attaining the age of sixty-five years, whichever is earlier.
4. The Commission shall submit an Annual Report on its policies and performance to the Druk Gyalpo, the Prime Minister and to Parliament.
5. Prosecution of individuals, parties or organizations on the basis of the findings of the Commission shall be undertaken expeditiously by the Office of the Attorney General for adjudication by the courts.
6. The Anti-Corruption Commission shall function in accordance with the Anti- Corruption Act.

Article 27
Defence

1. The Druk Gyalpo shall be the Supreme Commander in Chief of the Armed Forces and the Militia.
2. The Royal Body Guards shall be responsible for the security of the Druk Gyalpo while the Royal Bhutan Army shall serve as a professional standing army and both forces shall form the core of Bhutan's defence against security threats.
3. The Royal Bhutan Police, as a trained uniform force, shall be primarily responsible for maintaining law and order and prevention of crime under the Ministry of Home Affairs, and shall also be considered an important part of the nation's security force.
4. Parliament may, by law, require compulsory militia service for adult citizens to strengthen the defence of the country.
5. The State shall be responsible for the maintenance of the Armed Forces to safeguard the security of the country and the well-being of the nation.
6. Bhutan shall not use military force against a foreign State except in self- defense or for the purpose of maintaining its security, territorial integrity and sovereignty.

Article 28
The Attorney General

1. There shall be an Office of the Attorney General, which shall be autonomous, to carry out responsibilities arising within the domain and authority of the Government and such other legal matters as may be entrusted to the office.
2. The Druk Gyalpo shall, by warrant under His hand and seal, appoint an eminent jurist as the Attorney General on the recommendation of the Prime Minister.
3. The Attorney General as the chief legal officer shall be the legal advisor to and legal representative of the Royal Government.
4. In the performance of his duties, the Attorney General shall have the right to appear before all courts.
5. The Attorney General shall have the power to institute, initiate, or withdraw any case in accordance with the law.
6. The Attorney General shall have the right to appear and express opinions on any legal question in Parliament.
7. The Attorney General shall submit an Annual Report to the Druk Gyalpo and the Prime Minister.
8. The Attorney General's Office shall function in accordance with the Office of the Attorney General's Act.

Article 29
The Pay Commission

1. There shall be a Pay Commission, headed by a Chairperson, which shall be autonomous and shall be constituted, from time to time, on the recommendation of the Prime Minister.
2. The Pay Commission shall recommend to the Government revisions in the structure of the salary, allowances, benefits, and other emoluments of the Royal Civil Service, the Judiciary, the Armed Forces, the members of Parliament and Local Governments, the Dratshang, and all other public servants with due regard to the economy of the Kingdom and other provisions of this Constitution.
3. The recommendation of the Commission shall be implemented only on the approval of the Lhengye Zhungtshog and subject to such conditions and modifications as may be made by Parliament.

Article 30
Holders of Constitutional Offices

1. No person shall hold a constitutional office or post under this Constitution unless he is: (a) A natural born citizen of Bhutan; (b) Not under foreign protection; and (c) Not married to a person who is not a citizen of Bhutan.
2. The holders of constitutional offices under this Constitution shall be the following:

(a) The Chief Justice of Bhutan and the Drangpons of the Supreme Court;

(b) The Chief Justice and the Drangpons of the High Court;

(c) The Chief Election Commissioner;

(d) The Auditor General;

(e) The Chairperson of the Royal Civil Service Commission; and

(f) The Chairperson of the Anti-Corruption Commission.

3. The holders of the constitutional offices shall have no political affiliation.
4. Parliament may, by law, prescribe necessary educational and other qualifications for the holders of constitutional offices.
5. The holders of constitutional offices shall maintain the highest standards of ethics and integrity.
6. The holders of constitutional offices shall take an Oath or Affirmation of Office, as provided in the Third Schedule of this Constitution, before assuming office.
7. The salary, tenure, discipline and other conditions of service of the holders of constitutional offices shall be as prescribed by law, provided that the salary and benefits of the holders of constitutional offices shall not be varied to their disadvantage after appointment.

Article 31
Impeachment

1. The holders of constitutional offices are liable to be removed only by way of impeachment.
2. A holder of constitutional office shall be liable to be impeached only on the ground of misbehaviour with the concurrence of not less than two-thirds of the total number of members of Parliament.
3. Parliament shall have the sole power to impeach the holders of constitutional offices.
4. The Chief Justice of Bhutan shall preside over all impeachment proceedings and, in the case of the impeachment of the Chief Justice of Bhutan, the senior-most Drangpon of the Supreme Court shall preside.
5. The Attorney General shall submit a written report on the Articles of impeachment to the Speaker.
6. The procedure for impeachment, including the principles of natural justice, shall be as laid down by law made by Parliament.

Article 32
National Referendum

1. The will of the people shall be expressed at a National Referendum, by a simple majority of the total number of votes cast and counted from all the Dzongkhags, in which event the Bill or matter referred shall be deemed to have been approved by the people of Bhutan.
2. The Druk Gyalpo may command a National Referendum if:

(a) In His opinion a Bill, which is not passed in a joint sitting of Parliament, is of national importance; or

(b) An appeal is made by not less than one-third of the total number of members of all Dzongkhag Tshogdues.

3. A Referendum shall not be held on the question of imposition, variation or repeal of taxes.
4. Parliament shall, by law, prescribe the procedure for holding a National Referendum.

Article 33
Emergency

1. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim an emergency where the sovereignty, security, and territorial integrity of Bhutan or any part thereof is threatened by an act of external aggression or armed rebellion.
2. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim that a public emergency or calamity, which threatens or affects the nation as a whole or part thereof, exists in which case the Government may take measures derogating from the provisions of this Constitution to the extent strictly required by the exigencies of the situation.
3. The Proclamation of Emergency under section 1 or 2 of this Article shall remain in force for a period of not more than twenty-one days from the date of the first sitting of Parliament after such a Proclamation unless Parliament, in a joint sitting, resolves by not less than two-thirds of the total number of members of Parliament to extend it within the said period.
4. Not less than one-fourth of the total number of members of the National Assembly may move a resolution to disapprove such a Proclamation of Emergency or disapprove the continuance in force of such Proclamation by writing to the Druk Gyalpo if the House is not in session and to the Speaker if the House is in session.
5. A joint sitting shall be held at the earliest date within twenty-one days from the day on which the motion is received by the Speaker or, as the case may be, by the Druk Gyalpo, failing which the Proclamation of Emergency shall lapse.
6. Where a Proclamation of Emergency is in operation, the Government shall be empowered to give appropriate directions to the concerned Local Government.
7. Where a Proclamation of Emergency is in operation, the enforcement of the rights conferred by this Constitution under sections 2, 4, 5, 14 and 18 of Article 7 may be suspended.
8. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim a Financial Emergency if His Majesty is satisfied that a situation has arisen whereby the financial stability or credit of Bhutan or of any part of the territory thereof is threatened. Such a Proclamation shall be laid before each House within a period of twenty-one days after such Proclamation unless Parliament, in a joint sitting, resolves by not less than two-thirds of the total number of members of Parliament to extend it within the said period.
9. The Constitution shall not be amended during the state of emergency.

Article 34
Amendment & Authoritative Text

1. Subject to the provision of section 26 of Article 2, Parliament shall have the power to amend by way of addition, variation, or repeal the provisions of this Constitution in accordance with the procedure set out in this Article.
2. A motion to amend the Constitution under section 1 of this Article shall be initiated by a simple majority of the total number of members of Parliament at a joint sitting and, on being passed by not less than three-fourths of the total number of members of Parliament, the Constitution shall stand amended on Assent being granted by the Druk Gyalpo.
3. Parliament may call for a National Referendum if, in its opinion, a Constitutional Bill, which is not granted Assent by the Druk Gyalpo is of national importance. Accordingly, sections 1,3, and 4 of Article 32 shall apply.
4. In any instance of a difference in meaning between the Dzongkha and the English texts of this Constitution, the Dzongkha text shall prevail.

First Schedule
The National Flag and the National Emblem of Bhutan

The National Flag

The upper yellow half of the flag signifies the secular authority of the King. It is the colour of fruitful action in the affairs of both religion and State.

The orange half of the flag personifies religious practice: the spiritual power of the Buddhist doctrines manifest in the Kargyu and Nyingma sects.

The dragon symbolizes the name of the Kingdom (Druk), and its colour, the purity of white, is indicative of the loyalty of the country's many ethnic and linguistic groups. The snarling mouth expresses the stern strength of the male and female deities protecting Bhutan, while the jewels clasped in its claws symbolize the wealth and perfection of the country.

The National Emblem

The national emblem, contained in a circle, is composed of a double diamond thunderbolt placed above a lotus, surmounted by a jewel and framed by two dragons. The double diamond thunderbolt represents the harmony between secular and religious power; which results from the Buddhist religion in its Vajrayana form. The lotus symbolizes purity, the jewel represents sovereign power, and the two dragons, male and/female, stand for the name of the country - the thunder dragon.

Second Schedule

The National Anthem of Bhutan

In the thunder dragon Kingdom adorned with sandal woods,
The protector who guards the Teachings of the dual system,
He, the Precious and Glorious Ruler, causes dominion to spread,
While his unchanging person abides in constancy,
As the Doctrine of the Lord Buddha Flourishes,
May the sun of peace and happiness shine on the people.

Third Schedule

Oath or Affirmation of Office

"I,...... do solemnly swear/affirm that I shall uphold the sovereignty and integrity of Bhutan, and I shall faithfully and conscientiously discharge my duties in the service of the Tsawa-Sum, and I shall to the best of my ability perform the duties of my office without fear or favour, and that I shall bear true faith and allegiance to the Constitution of Bhutan."

Fourth Schedule

Oath or Affirmation of Secrecy

"I, ...., do solemnly swear/affirm that I shall not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a... .for the Royal Government of Bhutan except as may be required for the due discharge of my duties as..."

Saturday, March 26th, 2005

Glossary for the Tsa Thrim Chhenmo

Chhoe-sid: Religion and politics (temporal and secular).
Chhoe-sid-nyi: Dual system of religion and politics (temporal and secular).
Chibdrel: A ceremonial procession to receive and honour distinguished personalities.
Chiwog: A unit under a Gewog.
Dakyen: Award of rank and responsibility.
Dar: Scarf that symbolizes the conferring of rank,
Drangpon: Judge or Justice of a Royal Court of Justice.
]Dratshang Lhentshog: The Commission for the Monastic Affairs.
Dratshang: Monastic Body.
Druk: Bhutan.
Druk Gyalpo: The King of Bhutan.
Druk-lu: The tradition of the Drukpa Kargyu, established by Zhabdrung Ngawang Namgyal. Dungkhag Court: Sub-district Court.
Dzong: Fortress, which is commonly used as an administrative center and traditionally is the abode of monks.
Dzongdag: District Administrator.
Dzongkha: The National Language of Bhutan.
Dzongkhag: District.
Dzongkhag Tshogdu: District Council.
Gewog: County.
Gewog Tshogde: County Committee.
Goendey: A monastic community.
Gup: Head of a Gewog.
Gyenja: Agreement.
Je Khenpo: The Chief Abbot of the Central Monastic Body of Bhutan.
Kargyu: One of the four orders of Mahayana Buddhism.
Kasho: A written order.
Ked-dzog: Stages of development and completion in Vajrayana practice.
Kidii: Benefits granted by the King or the Government of Bhutan.
Lhakhang: Temple.
Lhengye: Ministerial position.
Lhengye Zhungtshog: Council of Ministers or Cabinet.
Lhentshog: Commission.
Lopon: Teacher.
Machhen: The holy relic of Zhabdrung Ngawang Namgyal, who unified Bhutan in the 17th century.
Mangmi: An elected representative of the Gewog, who is also a deputy Gup.
Nye: Sacred pilgrimage site.
Nyi-KyeIma: Conferring a red scarf (rank and honour with the title of Dasho).
Nyingma: One of the four orders of Mahayana Buddhism.
Pelden Drukpa: Glorious Bhutan or an illustrious Bhutanese person.
Rabdeys: Monastic bodies in dzongs other than Punakha and Thimphu.
Tashi-mon-lam: Prayers for fulfillment of good wishes and aspirations.
Ten-sum: Three types of sacred treasures comprising of images, scriptures and stupas.
Thromde: Municipality.
Thromde Tshogde: Municipal Committee.
Thrompon: Municipal Administrator.
Triple Gem: Buddha, Dharma and Sangha.
Tsa Thrim Chhenmo: The Supreme Constitution.
Tsawa-Sum: The King, Country and People.
Tshogpa: An association or committee.
Zhug-drel-phunsum tshog-pai ten-drel: Traditional ceremony for the acquisition of the triple attributes of grace, glory and wealth during a formal and auspicious occasion.
Zhung Dratshang: Central Monastic Body.

Source: Kuensel Online