Opposition (17)
31-677: Parliament Judiciary The King of Bhutan , officially the Druk Gyalpo ( འབྲུག་རྒྱལ་པོ་ ; lit. ' Dragon King ' ), is the constitutional monarch and head of state of the Kingdom of Bhutan . In the Dzongkha language , Bhutan is known as Drukyul which translates as "The Land of the Thunder Dragon". Thus, while kings of Bhutan are known as Druk Gyalpo ("Dragon King"),
62-779: A framework of enumerated substantive powers and duties under the Constitution . In addition, the procedural framework of each body is codified independently in subsequently enacted legislation : the National Council Act and the National Assembly Act. The Acts define operating procedure (such as quora and voting) and delegation of duties to committees much like bylaws; the Acts themselves also provide some incidentally related substantive law, such as offenses and penalties for officeholders. Foremost among
93-578: A lower house, the National Assembly . The current parliamentary framework replaced the unicameral Tshogdu in 2007, with the first members taking seats in 2008. The National Council of Bhutan is the upper house , or house of review in the bicameral legislature . It consists of 25 members: one directly elected from each of the 20 dzongkhags (districts) and 5 appointed by the King under election laws . The National Council meets at least twice
124-408: 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). Under Article 2, Section 19, the king appoints a significant number of high-level government officers: judicial appointees, the auditor general, and
155-488: A year. The membership elects a Chairperson and Deputy Chairperson from its number. Members and candidates of the National Council are prohibited from holding political party affiliation. The National Assembly of Bhutan is the lower house. It consists of a maximum of 47 members directly elected by the citizens of constituencies within each dzongkhag (district) according to election laws . Each constituency
186-430: Is conducted before the close of the present session. When a bill has been introduced and passed by one house, it must present the bill to the other house within thirty days from the date of passing, and the bill may be passed during the next session of Parliament. In the case of budget bills and urgent matters, a bill must be passed in the same session of Parliament. Bills are ultimately subject to veto and modification by
217-407: Is represented by one National Assembly member; each of the 20 Dzongkhags must be represented by between 2–7 members. Constituencies are reapportioned every 10 years. The National Assembly meets at least twice a year, and elects a Speaker and Deputy Speaker from among its members. Members and candidates are allowed to hold political party affiliation. The Constitution sets forth the procedure of
248-535: 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". 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
279-677: Is the legal arm of the executive branch of the government . It is also the legal adviser of the government and its representative in the judicial system of Bhutan . Under the Constitution of 2008 , the Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister . The Office of the Attorney General is codified by the Attorney General Act of 2006, an act of parliament incorporated by
310-589: The National Judicial Commission Dungkhag Court jurists are not appointed by the king. The king also appoints, from lists 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, four kinds of high-level government: the chief election commissioner and other members of the Election Commission ;
341-557: The Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions. The Office of the Attorney General currently codifies its own Prosecution Guidelines for its Prosecution and Litigation Division. When deciding whether to prosecute cases under Bhutanese law ,
SECTION 10
#1732782458429372-572: The Bhutanese people call themselves the Drukpa , meaning "people of Druk (Bhutan)". The current sovereign of Bhutan is Jigme Khesar Namgyel Wangchuck , the fifth Druk Gyalpo . He wears the Raven Crown , which is the official crown worn by the kings of Bhutan. He is correctly styled " Mi'wang 'Ngada Rinpoche " ("His Majesty") and addressed " Ngada Rimboche " ("Your Majesty"). King Jigme Khesar
403-687: The Constitution. The king appoints positions other than Constitutional Officers on the advice of other bodies. He appoints the heads of the Defence Forces from a list of names recommended by the Service Promotion Board. The king appoints the attorney general of Bhutan , the chairperson of the Pay Commission, the governor of the Central Bank of Bhutan , the cabinet secretary, and Bhutanese ambassadors and consuls on
434-529: The Constitution. Under the Act, the Attorney General also authors and reviews legislation for parliament. The Office of the Attorney General was first formed as the "Office of Legal Affairs" in 1999 by the Lhengye Zhungtshog (Council of Ministers) on the recommendation of its Special Task Force on Enhancing Good Governance. The Office of Legal Affairs was formally established by law on April 14, 2000, as
465-502: The King on advice of the Prime Minister. All Ministers must be natural-born citizens of Bhutan, and there is a limit of two Ministers from any one Dzongkhag. The King of Bhutan fulfills further parliamentary duties by reviewing and assenting to bills in order to enact Bhutanese legislation , and when necessary, by initiating national referendums under election laws . The National Council and National Assembly operate under
496-512: The King, however the King must assent to bills resubmitted after joint sitting and deliberation by the National Council and National Assembly. Parliament has the sole authority to alter Bhutan's international territorial boundaries, and internal Dzongkhag and Gewog divisions, with the consent of at least 75% of the total number of members (currently 54). Parliament also oversees local government administrations : Dzongkhag Tshogdus, Gewog Tshogdes, and Thromdes . The Constitution provides that
527-538: The Kingdom, the king must abdicate in favour of the heir apparent . The Hereditary Dragon Kings of Bhutan: Parliament of Bhutan Parliament Judiciary The Parliament of Bhutan ( Dzongkha : རྒྱལ་ཡོངས་ཚོགས་ཁང་ gyelyong tshokhang ) consists of the King of Bhutan together with a bicameral parliament . This bicameral parliament is made up of an upper house, the National Council and
558-625: The National Assembly may, with support of at least two-thirds of its members (currently 32), motion of no confidence in the Government. If the vote passes, the King shall dismiss the Government. 27°29′24″N 89°38′18″E / 27.489955°N 89.638309°E / 27.489955; 89.638309 Attorney General of Bhutan The Office of the Attorney General of Bhutan ( Dzongkha : རྩོད་དཔོན་ཡོངས་ཁྱབ་ཡིག་ཚང་ ; Wylie : rtsong-dpon yongs-khyab yig-tshang )
589-471: The Office of Legal Affairs was replaced by the Office of the Attorney General that exists today. The Attorney General Act of 2006 creates an independent Attorney General office responsible for advising the government, representing it in legal matters including law enforcement , and drafting and reviewing legislation . The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008 , tasks
620-530: The Prosecution and Litigation Division first evaluates whether there exists a prima facie case – whether the elements of the offense are met. When a prima facie case is established, the matter is subjected to an "Evidential Test" and a "Public Interest Test." The "Evidential Test" requires sufficient to convict the accused, and that "any reasonable judge would, without compunctions, hold the accused guilty." The "Public Interest Test" requires further that such
651-765: The auditor general of the Royal Audit Authority; the chairperson and other members of the Royal Civil Service Commission; and the chairperson and other members of the Anti-Corruption Commission. The term for each position is five years. Referenced for incorporation are the Bhutanese Audit Act , Bhutanese Civil Service Act , Bhutanese Anti-Corruption Act , and Attorney General Act ; references to existing Election Laws also appear throughout
SECTION 20
#1732782458429682-583: 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
713-406: The formation of the executive branch and its ministries, including the post of Prime Minister , according to Parliamentary electoral results. The King recognizes the leader or nominee of the party that wins the majority of seats in the National Assembly as the Prime Minister. The Prime Minister is limited to two terms of office. Other Ministers are appointed from among National Assembly members by
744-660: The government's central legal agency. In 2000, the Office began to assume the role of prosecutor, until then the purview of the Royal Civil Service Commission Secretariat and the Law and Order Division of the Ministry of Home Affairs . The policies and decisions of the Office were guided during its early years by Terms of Reference issued by the Council of Ministers in 2002. On June 30, 2006,
775-462: The king must abdicate the throne for wilful violations of the Constitution or for suffering permanent mental disability. Either must be upon a motion passed by a joint sitting of Parliament. The motion for abdication must be tabled for discussion at a joint sitting of Parliament (presided by the chief justice of Bhutan) if at least ⅔ of the total number of the members of Parliament submits such a motion stating its basis and grounds. The king may respond to
806-535: The motion in writing or by addressing the joint sitting of Parliament in person or through a representative. If, at such joint sitting of Parliament, at least ¾ of the total number of members of Parliament passes the motion for abdication, then such a resolution is placed before the people in a National Referendum to be approved or rejected. If the National Referendum passes in all the Dzongkhags in
837-519: 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 . The king is not answerable in a court of law for his actions, and his person
868-555: The powers and duties of Parliament is the passing of bills. Either the upper house National Council , the lower house National Assembly , or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the National Assembly. Legislation must be presented bicamerally, at times in joint sittings of the National Council and National Assembly , however bills may pass by default without vote when none
899-564: The recommendation of the Royal Civil Service Commission. The king is also the supreme commander in chief of the Armed Forces and the Militia of Bhutan . The Constitution provides substantive and procedural law for two paths of abdication for reigning monarchs: voluntary and involuntary. As stated above, the king may relinquish the exercise of royal prerogatives, and such relinquishment may be temporary. The Constitution provides that
930-416: The recommendation of the prime minister. The king also appoints dzongdags to head local governments, and other secretaries to the government on the recommendation of the prime minister who obtains nominations from the Royal Civil Service Commission on the basis of merit and seniority and in accordance with other relevant rules and regulations. The king appoints the secretary general of the respective houses on
961-414: Was the youngest reigning monarch in the world, being 26 years old when he ascended the throne on 9 December 2006 after his father, Jigme Singye Wangchuck , abdicated the throne in his favour. He was 28 years old when he was crowned on 6 November 2008. 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