King
Jigme Singye Wangchuck (since 24 July 1972)
| The
Royal government of Bhutan |
Bhutan
does not have a written constitution
or organic laws. The 1907 document submitted by the
monastic and government leaders was an agreement only
to establish an absolute hereditary monarchy.
Bhutan's only legal or constitutional basis is the 1953
royal decree for the Constitution
of the National
Assembly. The 1953 constitution
set forth eighteen succinct "rules" for the
procedures of the National
Assembly and the conduct of its members. The May
1968
revision reiterated and elucidated some of the eighteen
rules but revised others. Beginning in 1969,
the powers of the
speaker of the National
Assembly were strengthened, and the Druk Gyalpo's
veto
power was eliminated.
King
Jigme Singye Wangchuck, fourth in the Wangchuck Dynasty,
is the Head
of State. He until recently was also the head of
government introduced a few profound changes in the
Royal
government during the 76th session of the National
Assembly in 1998.
Through an unprecedented Royal Edict,the need of greater
people's participation in the decision making process
was felt. To this end the Lhengyal Shungtshog (Cabinet)
was dissolved and the National
Assembly adopted a mechanism to register vote of
confidence in the king. The 77th session of the National
Assembly in July 1999
further debated and endorsed the Chathrimn (role and
responsibility of the Cabinet) and the mechanism for
a vote of confidence in the King.
Royal
Advisory Councillors (RAC)
The
Lodey Tshogdey (The Royal Advisory Council) was formally
established in 1965
to advise the king and government ministers and to supervise
the implementation of programs and policies laid down
by the National
Assembly. The RAC continues to be a consultative
and advisory body.
There are nine members of the RAC including the Chairman.
Six (6) members are elected by the National
assembly by way of secret
ballot for a term of three (3) years. Two clergy
members are nominated by the Monastic Body on annual
basis. The Chairman is appointed by the king. The current
Chairman Dasho Rinzin Gyaltshen was appointed in June
1998.
National
Assembly
(150 members + Speaker)
The
Tshogdu ( The National
Assembly ) consists of 150 members 105 are elected
representatives of the people, 10 are from the Clergy
and 35 are nominated representatives of the Government.
The National
Assembly as the legislative
body is an independent institute, which elect Cabinet
Ministers, approve annual budget and legislate acts
governing the country and discuss national issues. The
people's representatives are directly elected by people
of their respective constituencies through consensus
or by secret
ballot. The representatives of the Elergy are elected
by the Central Monastic Body and the concerned District
Monastic Bodies.
The
representatives of the Government are nominated by the
king from among senior civil servants. All members serve
a term of three years. The
Speaker and Deputy Speaker are elected by the National
Assembly meets twice a year. The assembly enacts
legislation
and advises the government on all matters of national
importance. Decisions are passed by a simple majority.
A secret
ballot is taken on all matters of national importance.
Any Bhutanese citizen above age 25 can be a candidate
for the National
Assembly membership.
The
Monastic Body
The
Monastic Body is comprised of the Central Monastic Body
and the District Monastic Bodies. The current strength
of the Monastic Body is about 5,000 registered monks
and is financed by an annual grant from the Royal
Government. The Monastic Body is the sole arbiter
on religious matters. His Holiness the Je Khenpo (spiritual
leader) is chosen from amongst high-ranking monks.
He is the head of the Monastic Body and is assisted
by four high ranking monks
from the Central Monastic Body.
At
the apex of the executive
branch is the Druk Gyalpo,
who is both head
of state and head of the government. Responsible
to him are two advisory and executive organizations:
There
is also the Royal Secretariat, which serves as an
intermediary between the Druk Gyalpo and the Council
of Ministers.
The
Royal Advisory Council was mentioned in the 1953 constitution
of the National
Assembly (members of the council are concurrently
members of the National
Assembly), but it took on greater importance in
1965 when the Druk Gyalpo installed representatives
elected by the monastic bodies and the National
Assembly. In 1989
the council's membership included a representative
of the government, two representatives of the monasteries,
six regional representatives, and a chairperson, all
for five-year terms.
The
chairperson and the government representative are
appointed by the Druk Gyalpo; the two monks
represent the central and district monastic bodies.
Monk
representatives, according to 1979 regulations for
council membership, are required to be literate and
"highly knowledgeable about the Drukpa Kargyupa
religion." Monk
nominees are subject to the approval of the
speaker of the National
Assembly. The regional representatives are elected
by the National Assembly from a list endorsed by village
assemblies. Representing the southeastern, southwestern,
western, eastern, central, and the Thimphu-Paro-Ha
regions, they are required to be literate, knowledgeable
about Bhutanese traditional culture and customs with
"some knowledge of modern customs and etiquette,"
"well-behaved, able to speak well," "able
to shoulder responsibility, and far-sighted."
As
the principal consulting body to the Druk Gyalpo,
the Royal Advisory Council is a key state organization
and interacts most directly with the National
Assembly. Chaired by the Druk Gyalpo, the Council
of Ministers was established in 1968
with the approval of the National
Assembly. In 1991
it comprised seven ministers and the Druk Gyalpo's
representative in each ministry (agriculture; communications;
finance; foreign affairs; home affairs; social services;
trade, industry, and tourism). The largest ministry
by far was the Ministry of Social Services, which
ran the nation's education
and health
systems and included nearly 26 percent of all civil
service employees. Two of the ministers in 1990--the
minister of finance (Ashi Sonam Chhoden Wangchuck)
and the minister of home affairs (Dasho Namgyal Wangchuck)--were
members of the royal family.
Until
the 1960s, the Royal Secretariat played a major role
in government affairs. The key officials of the Royal
Secretariat were the Druk Gyalpo's representative
in the Royal
Bhutan Army, the royal chief secretary, and the
royal finance secretary.
After
the establishment of the Council
of Ministers and subsequent shift of administrative
and financial matters out of the palace, however,
the Royal Secretariat's day-to-day role diminished
in importance. Relations between the two bodies have
been described as cordial, nevertheless, and ministers
usually were selected from among Royal Secretariat
personnel.
The
unicameral National
Assembly, the Tshogdu comprises
the legislative
branch of government. The National
Assembly has the power to enact civil, criminal,
and property laws; to appoint and to remove ministers;
to debate policy issues as a means of providing input
to government decision making; and to control the
auditor general, who has approved authority over government
expenditures. Since its establishment in 1953, the
National
Assembly has varied in size from 140 to 200 members.
According to Rule 7 of the Constitution
of the National
Assembly, the legislature sets its size every
five years. The National
Assembly has three categories of members:
- Representatives
of the people elected by indirect vote every three
years and comprising between half and two-thirds
of the National
Assembly membership;
- Monastic
representatives, also appointed for three-year terms
and constituting about one-third of the membership;
- Government
officials nominated by the Druk Gyalpo.
The
first woman member of the National
Assembly was seated in 1979. In 1989 there were
150 members in the National
Assembly, 100 of whom were representatives of the
general public. Under 1981 rules, qualified citizens
over twenty-five years of age can be nominated at general
public meetings by village heads and adult representatives
of each household (gung) and "joint family."
Once nominations are certified by village heads and
local government officials, they are forwarded to the
speaker of the National
Assembly for "final declaration of the nominee
as a member of the National
Assembly."
The
other fifty members are made up of monastic representatives
nominated by the Central Monastic Body in Thimphu (or
Punakha in the winter) and eight district monastic bodies,
members of the Council
of Ministers (Lhengye Shungtsong),
members of the Royal Advisory Council (Lodoi
Tsokde), secretaries of various government
departments, district heads, others nominated by the
government, and a representative nominated by the Bhutan
Chamber of Commerce and Industry. The National
Assembly meets at least once and sometimes twice
a year--in May and June and again in October and November;
each session lasts about four weeks. Emergency sessions
can also be called by the Druk Gyalpo.
The
National
Assembly elects a speaker
from among its members and is authorized to enact laws,
to advise the government on constitutional and political
matters, and to hold debates on important issues. Executive-branch
organizations are responsible to the National
Assembly. Powers of the National
Assembly include directly questioning government
officials and forcing ministers to resign if there is
a two-thirds no-confidence vote.
National
Assembly votes are secret in principle, but in practice
decisions are almost always made by reaching a public
consensus.
The National
Assembly, housed in the Tashichhodzong, provides
a forum for presenting grievances and redressing administrative
problems.
The Druk Gyalpo
cannot formally veto bills that the National Assembly
passes, but he can refer them back for reconsideration.
Although
criticism of the Druk Gyalpo was not permitted in the
public media, it was allowed and took place in National
Assembly debates in the 1980s.
The
highest-level court is the Supreme Court of Appeal,
the Druk Gyalpo himself. The Supreme Court of Appeal
hears appeals of decisions emanating from the High
Court (Thrimkhang Gongma). In 1989 the High Court,
which was established in 1968
to review lowercourt appeals, had six justices (including
a chief justice), two of whom were elected by the
National
Assembly and four of whom were appointed by the
Druk Gyalpo, for five-year terms. Each district has
a magistrate's court (Dzongkhag Thrimkhang), headed
by a magistrate or thrimpon, from which appeals can
be made to the High Court.
Minor civil disputes
are adjudicated by a village head. All citizens have
been granted the right to make informal petitions to
the Druk Gyalpo, some of which have been made reportedly
by citizens who flagged down the Druk Gyalpo's automobile
as he toured the nation.
Bhutan's
Legal Code is based on that laid down by Ngawang
Namgyal, the first Shabdrung who arrived Bhutan in
1616. Traditional Buddhist precepts are significantly
maintained in the legal processes. The High Court
consists of eight judges. There is a court in each
Dzongkhag headed by a Dranpon and assisted by Ramjams
but minor disputes are settled by Gups at the village
levels. As a final arbiter of law, the judiciary
had been independent from other branches of the government
since its inception.
The
Royal Advisory Council |
The Royal Advisory Council (RAC) was
establish in 1965 with the task of advising the king
on matters of governance and to serve as a bridge
between the king and the people. The Royal Advisory
Council consists of 9 members. 6 out of nine members
of RAC are elected by the national Assembly for three
years term. The Chairman of the RAC is appointed by
the king.
There
are 20 districts in Bhutan. The Dzongda or the District
Magistrate is the head of the government in the districts
and reports to the Home Ministry in the capital. He
is responsible for implementation of the central government
policies, development projects and maintaining law
and order. He is assisted by Drungpa or a Sub-district
Officer in the administrative matters and Superintendent
of Police in maintaining law and order .
There
20 Dzongkhag Yargye Tshogdus or the District Development
Committees in 20 districts and 201 Geog Yargye Tshogchungs
or the Block Development Committees ( Block consists
of a cluster of villages) in the country. As the lowest
peoples’ bodies however, they do not have much
authority.
Administratively,
the country is divided into 20 Dzongkhags (districts
) composed of 202 Gewogs. (block) At the district,
block and village levels there are established mechanisms
that ensure people's participation in the decision
making process. On the initiative of king, the decentralization
of administration was implemented in 1981 through
the establishment of the Dzongkhag Yargye Tshogchungs
(DYT's or District Development Council).
It
was followed by further decentralization to the Gewog
level in 1991 with the introduction of the Gewag Yargye
Tshogchungs (GYT's or Block Development Council).
DYTs and GYTs have been set up in 20 districts and
202 blocks respectively. Under the present king's
leadership and guidance, the strengthening of these
national and local institutions and devolution of
power from the Centre have led to people's active
participation, thus enabling them to play a greater
role in the decision-making processes at Dzongkhag
and Gewog levels.
Local
administration has been strengthened to meet the requirement
of decentralized administration and development. There
are twenty Dzongkhags, each under the change of a Dzongda
(district administrator) responsible for civil administration
and development activities. Each dzongda is assisted
by a Dzongrab and various sector official who is responsible
for planning and development and civil administration.
The
larger Dzongkhags are sub-divided into Dungkhags headed
by a Dungpa. A group of Villages, or a Gewong is the
lowest administrative unit and each Gewog has a headman
called the Gup. In each dzongkhag, the dzongda is assisted
in is development function by the Dzongkhag Yargve Tshogchung
(District Development Council), which consists of people's
representatives and government officials.
Except
a few nominated members, all other members of the National
Assembly, Royal Advisory Council (9 members). DYTs
(approximately 572 members ) and GYTs (approximately
2614 members), are elected by the people by way of simple
majority or secret
ballot when required.
With
the Druk Gyalpo Jigme Singye Wanghuck at the helm,
the kingdom of Bhutan has taken vet another momentous
stride into the future. Following a royal decree issued
by king in September 2001 the drafting committee comprising
of eminent representatives of the clergy, government,
and the people is currently drafting a written constitution
for Bhutan to establish a dynamic system of governance
which would uphold the true principles of democracy.
In the world of the king, 'the basic
purpose of the Constitution
is to ensure the sovereignty
and security of the nation and the well being of the
Bhutanese people for all time to come. The political
system of the country must evolve so that the
people would continue to enjoy peace and prosperity,
justice, and the fundamental rights which have always
been enshrined in the Bhutanese system.'
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