The Constitution of the Kingdom of Bhutan (Dzongkha: འབྲུག་གི་རྩ་ཁྲིམས་ཆེན་མོ་; Wylie: 'Druk-gi tsa-thrims-chen-mo) was enacted 18 July 2008 by the Royal Government of Bhutan. 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 current Constitution is based on Buddhist philosophy, international Conventions on Human Rights, comparative analysis of 22 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck, the constitutional committee was particularly influenced by the Constitution of South Africa because of its strong protection of human rights.
Background On 4 September 2001, King Jigme Singye Wangchuck briefed the Lhengye Zhungtshog (Council of Ministers, or Cabinet), the Chief Justice, and the Chairman of the Royal Advisory Council on the need to draft formal Constitution for the Kingdom of Bhutan. The King expressed his desire that the Lhengye Zhungtshog and the Chief Justice should hold discussions on formulating the Draft Constitution. While Bhutan did not have a formal Constitution, the King believed all the principles and provisions of a Constitution were covered under the various written laws and legislation which guided the actions of the King and the functioning of the Royal Government, the judiciary and the National Assembly of Bhutan. Nevertheless, with the country and the people having successfully achieved a high level of development and political maturity, the time had come for a formal Constitution for the Kingdom of Bhutan. Royal Government of Bhutan appointed Indian constitutional lawyer K. K. Venugopal to serve as the Constitutional adviser for drafting of the Constitution of Bhutan.
The King emphasized that the Constitution must promote and protect the present as well as the future well-being of the people and the country. He stated the Constitution must ensure that Bhutan had a political system that would provide peace and stability, and also strengthen and safeguard Bhutan's security and sovereignty. The King decided the Lhengye Zhungtshog should, therefore, establish a committee to draft the Constitution for the Kingdom of Bhutan. The King said that the Drafting Committee should comprise government officials, National Assembly members, and eminent citizens who were well qualified, had a good understanding of the laws of Bhutan, and who would be able to contribute towards drafting the Constitution.
On November 30, 2001, the King inaugurated the outset of its drafting with a ceremony. By 2005, the Royal Government had circulated copies of the draft among the civil service and local governments in order to receive locals' feedback.
Provisions of the Constitution of Bhutan The provisions of the Constitution of Bhutan appear below, grouped into thematic order for the convenience of the reader.
Basic provisions The Constitution defines the Kingdom of Bhutan as a democratic constitutional monarchy belonging to the people of the Kingdom. The territory of Bhutan is divided into 20 Dzongkhags (Districts) with each consisting of Gewogs (Counties) and Thromdes (Municipalities). Dzongkha is the national language of Bhutan, and the National Day of Bhutan is December 17.Constitution of Bhutan , Art. 1
The Constitution is the supreme law of the State and affirms the authority of legal precedent: All laws in force in the territory of Bhutan at the time of adopting this Constitution continues 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 null and void.
The Supreme Court of Bhutan is the guardian of the Constitution and the final authority on its interpretation.
Rights over natural resources vest in the State and are thus properties of the State and regulated by law.
Throughout the Constitution, retirement is mandated for most civil servants upon reaching age 65. Notably, this includes the reigning King whenever possible.Constitution of Bhutan , Art. 2
The monarchy and the royal family
The Constitution confirms the institution of monarchy. The Druk Gyalpo (King of Bhutan) is the Head of State and the symbol of unity of the Kingdom and of the people of Bhutan. The Constitution establishes the "Chhoe-sid-nyi" (dual system of religion and politics) of Bhutan as unified in the person of the King who, as a Buddhist, is the upholder of the Chhoe-sid (religion and politics; temporal and secular). In addition, the King is the protector of all religions in Bhutan.Constitution of Bhutan , Art. 3 The King is also the Supreme Commander in Chief of the Armed Forces and the Militia of Bhutan. The King is not answerable in a court of law for his actions, and his person is sacrosanct. However, the King is mandated to protect and uphold the Constitution "in the best interest and for the welfare of the people of Bhutan." Furthermore, there are Constitutional provisions for involuntary abdication in the event the King violates the Constitution.
The Constitution entitles the King and the royal family to annuities from the State in accordance with law made by Parliament; all rights and privileges including the provision of palaces and residences for official and personal use; and exemption from taxation on the royal annuity and properties. The Constitution also limits the membership of the royal family to reigning and past Monarchs, their Queens and their Royal Children born of lawful marriage.
Article 2 Section 26 states that Parliament may make no laws nor exercise its powers to amend the provisions regarding the monarchy and Bhutan's government as a "Democratic Constitutional Monarchy" except through a national referendum.
Royal prerogatives Under the Constitution, the King, in exercise of his Royal Prerogatives (and as Head of State), promotes goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries. The King may also award titles, decorations, dar for Lhengye and Nyi-Kyelma (conferring a red scarf of rank and honour with the title of "Dasho") in accordance with tradition and custom. Also among the Royal Prerogatives are the grants of citizenship, amnesty, pardon and reduction of sentences; and land "kidu" and other "kidus" (benefits).
The King may, by Royal Prerogative, command bills and other measures to be introduced in Parliament. Furthermore, bills of Parliament are ultimately subject to veto and modification by the King, however he must assent to bills resubmitted after joint sitting and deliberation. The King may also exercise powers "relating to matters which are not provided for under this Constitution or other laws."
Succession and retirement
The Constitution establishes the law of succession of the Golden Throne of Bhutan. Under this Section, title to the throne vests in the legitimate descendants of King Ugyen Wangchuck, enshrined on December 17, 1907. Title may pass only to children born of lawful marriage, by hereditary succession to direct lineal descendants in order of seniority upon the abdication or demise of the King. Article 2 Section 6 provides that upon reaching age 65, the King must retire (abdicate) in favor of the Crown Prince or Crown Princess, provided the royal heir has reached age 21.
There is a stated preference that a prince take precedence over a princess, however this is subject to the exception that if there are "shortcomings in the elder prince, it is the sacred duty of the King to select and proclaim the most capable prince or princess as heir to the Throne." Title to the throne may also pass to the child of the Queen who is pregnant at the time of the demise of the King if no lineal heir exists. Such is an example of semi-Salic law.
If there are no present or prospective lineal heirs, title passes to the nearest collateral line of the descendants of the King in accordance with the principle of lineal descent, with preference being given for elder over the younger. Title may never pass to children incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity, nor to anyone whose spouse is a person other than a natural born citizen of Bhutan.
The successor to the Throne receives dar (a scarf that symbolizes the conferring of rank) from the Machhen (the holy relic) of Shabdrung Ngawang Namgyal at Punakha Dzong, and is crowned on the Golden Throne. Upon the ascension of the King to the Throne, the members of the royal family, the members of Parliament, and the holders of offices requiring appointment by the King must take an oath of allegiance to the King.
Regency The Constitution provides a procedural framework for a Council of Regency. A Council of Regency is established when the King has temporarily relinquished, by Proclamation, the exercise of the Royal Prerogatives; or when it has been resolved by at least three-fourths of the total number of members of Parliament in a joint sitting that the King is unable to exercise the Royal Prerogatives by reason of temporary physical or mental infirmity; or the King abdicates or dies and the successor to the throne has not attained the age 21. These provisions are effective until the royal heir presumptive reaches age 21 and becomes Regent by right.
When the successor to the throne reaches age 21, or when the King resumes the exercise of the Royal Prerogatives, notice must be given by Proclamation. However, when the King regains the ability to exercise the Royal Prerogatives, notice is given to that effect by resolution of Parliament.
The Council of Regency collectively exercises the Royal Prerogatives and the powers vested in the King. The Council of Regency is composed of 6 members: one senior member of the royal family nominated by the Privy Council (below), the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the leader of the Opposition Party.
Privy Council The Constitution establishes a Privy Council of four persons, consisting of two members appointed by the King, one member nominated by the Lhengye Zhungtshog (Council of Ministers), and one member nominated by the National Council. The Privy Council is responsible for: all matters pertaining to the privileges and conduct of the King and the royal family; rendering advice to the King on matters concerning the Throne and the royal family; all matters pertaining to crown properties; and any other matter as may be commanded by the King.
Royal appointments Under Article 2 Section 19, the King appoints a significant number of high-level Government officers: Judicial appointees, the Auditor General, and the Chairs of Anti-Corruption, Civil Service, and Election Commissions are holders of Constitutional Office.
The King appoints most of the upper Judicial branch: the Chief Justice of Bhutan and the Drangpons (Associate Justices) of the Supreme Court; the Chief Justice and Drangpons (Associate Justices) of the High Court. These judicial appointments are made from among the vacant positions' peers, juniors, and available eminent jurists in consultation with the National Judicial Commission (below). Dungkhag Court jurists are not appointed by the King.