Parliament
53-778: Judiciary The Kingdom of Bhutan is divided into 20 districts ( Dzongkha : dzongkhags ). Bhutan is located between the Tibet Autonomous Region of China and India on the eastern slopes of the Himalayas in South Asia . Dzongkhags are the primary subdivisions of Bhutan . They possess a number of powers and rights under the Constitution of Bhutan , such as regulating commerce, running elections, and creating local governments. The Local Government Act of 2009 established local governments in each of
106-725: A dzongkhag court presided over by a dzongkhag drangpon (judge), who is appointed by the Chief Justice of Bhutan on the advice of Royal Judicial Service Council. The dzongkhags , and their residents, are represented in the Parliament of Bhutan , a bicameral legislature consisting of the National Council and the National Assembly . Each dzongkhag has one National Council representative. National Assembly representatives are distributed among
159-454: A dzongdag (administrator), assisted by a dzongrab (deputy district collector), carry out administrative activities, while the DYT coordinates all developmental activities within the dzongkhag . Each DYT includes representatives of the municipalities and the towns within the dzongkhag , who elect a chairperson from among themselves. The DYTs also had non-voting members, which included
212-547: A bar association . All jabmi must be members of this body in good standing, and the Act sets forth several requirements for membership. All jabmi must be Bhutanese citizens; persons of integrity, good character and reputation; not addicted to drugs; not of unsound mind or of mental infirmity; not adjudged bankrupt; not sentenced for criminal offences; have legal qualification recognized by the Jabmi Tshogdey ; have undergone
265-487: A court within 10 days; or is illegal in nature or object. Parol evidence is admissible only in order to resolve ambiguities, apparently both patent and latent. The Jabmi Act sets forth regulations for the legal profession . Namely, the Act also details the role and responsibilities of the Attorney General of Bhutan. The body which regulates the legal profession is defined as the Jabmi Tshogdey , analogous to
318-456: A form of punishment; mutilation was abolished in 1965. Fines, according to various reports, ranged from the equivalent of US$ 10 to US$ 55, and jail sentences from seven days to one month were levied against citizens who violated the driglam namzha a compulsory but not widely enforced 1989 royal decree that they wear the national dress at formal gatherings to preserve and promote Bhutanese culture . With respect to international criminal law, in 1988
371-404: A hydroelectric dam, and diverse public spaces. The location of Gelephu is favorable for cross-border trade between India and Bhutan. From that Indo-Bhutan border gate Bongaigaon , the sixth largest city of Ainamssamerging as business node for the economics affairs i.e., business dealing & logistic supports is 78 km away. Gelephu Airport was completed in 2012, after being planned in
424-425: A more efficient distribution of personnel and administrative and technical skills." Dzongdeys acted as the intermediary administrative divisions between the dzongkhag administration and the central government. Although Thimphu dzongkhag and Thimphu thromde (municipality) were within the boundaries of Zone I, they stayed outside the zonal system. By 1991, however, only Eastern dzongdey (Zone IV)
477-639: A preponderance of the evidence. Also like common law jurisdictions, the prosecution's burden of proof (in order to find the accused guilty) is to prove guilt beyond reasonable doubt to the full satisfaction of the Court. The Code's civil procedure section further provides venue, jurisdiction, and pleadings rules. Many aspects are identical to common law procedure, namely the United States Federal Rules of Civil Procedure , including terminology for claims, pleadings, and motions. In civil actions,
530-704: Is a town or Thromde in Sarpang District in Bhutan . It is located on the Indian border, about 30 km to the east of Sarpang , the Dzongkhag (District) headquarters, and has a population of 9,858 as per the 2017 census. It is one of the border market and road entry points into Bhutan from India; Phuntsholing to its west and Samdrup Jongkhar to its east are two other border market road entry points into Bhutan. The history of Gelephu dates back to
583-991: Is composed of the Supreme Court , the High Court , the Dzongkhag Courts , the Dungkhag Courts , and such other courts and tribunals as may be established by the King on the recommendation of the National Judicial Commission. Under the Constitution, as under the earlier Judicial Service Act, the Druk Gyalpo appoints most of the upper Judicial branch: the Chief Justice of Bhutan and the Drangpons (Associate Justices) of
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#1732802226899636-633: Is consistent with the Constitution of 2008 . While modern punishments include imprisonment and fines , capital punishment in Bhutan has been outlawed since March 20, 2004. Under Article 28 § 3 of Constitution of Bhutan , the Royal Bhutan Police, as a trained uniform force under the Ministry of Home Affairs , are primarily responsible for maintaining law and order and prevention of crime, and are also considered to be an important part of
689-511: Is not inconsistent with the Constitution, it remains in effect. The ultimate authority of the judiciary and on the interpretation of laws is the Royal Court of Justice . Its constitutional mandate is to safeguard, uphold, and administer justice fairly and independently without fear, favour, or undue delay in accordance with the rule of law to inspire trust and confidence and to enhance access to justice. (Art. 21) The Royal Court of Justice
742-679: Is the least densely populated, with 1.3 people per square kilometre (3.4/sq mi). The largest dzongkhag by land area is Wangdue Phodrang , encompassing 4,308 km (1,663 sq mi), while the smallest is Tsirang , encompassing 639 km (247 sq mi). Medieval Bhutan was organized into provinces or regions headquartered in dzongs (castles/fortresses) which served as administrative centres for areas around them. The dzongs of Paro, Dagana and Trongsa were headed by penlops (provincial lords/governors) while other dzongs were headed by dzongpons (fortress lords). Penlops and dzongpons gained power as
795-660: Is very close to the Indo-Bhutan border. Ashish Kumar Chauhan is also one of the Urban Planner while delineating the boundaries of Industrial Area Plan and Local Area Plan 4 & 5. One theme of the Gelephu Plan is to develop inter-linked open-green spaces for use as recreation, sports, walking, cycling, exercising and play gardens that can provide an excellent opportunity to promote planned growth of Gelephu unlike many other settlements. In December 2023, during
848-474: The dzongdag , the dungpa ( dungkhag (sub-district) head) (where a dungkhag exists) and the dzongkhag officials from various sectors such as the chief engineer, and the planning, finance, education, agriculture, forestry, animal husbandry, and health officers. The Constitution of 2008 laid basic provisions for an elected dzongkhag tshogdu and dzongkhag courts in each dzongkhag . The Local Government Act of 2009 further codified
901-432: The dzongkhag , composed of the gup ( gewog head) and the mangmi (elected representatives of the gewogs ) from each gewog (block of villages), and representatives from the thromdes of that dzongkhag . They are empowered to enforce rules on health and public safety, regulate environmental pollution, advertise in regard to environmental aesthetics, regulate broadcast media in accordance with
954-564: The dzongkhags in proportion to their registered voter population as recommended by the Delimitation Commission , provided that "no dzongkhag shall have less than two and more than seven National Assembly constituencies." As of the 2017 census, Thimphu is the most populous dzongkhag , with 138,736 residents; Gasa is the least populous, with 3,952 residents. Thimphu is the most densely populated, with 67.1 people per square kilometre (174/sq mi), whereas Gasa
1007-769: The Attorney General of Bhutan . The Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister . The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008 , tasks 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. In
1060-588: The High Court started drafting the Penal Code, which was enacted by the National Assembly in the August 2004. The Penal Code is the consolidation of collection of separate acts and sections of the Thrimzung Chhenmo enacted between 1959 and 1990. It is intended to reinstate dignity to the victims of crime and increase the possibilities for rehabilitation of offenders. It remains intact insofar as it
1113-470: The King of Bhutan played an active role in the selection and retention of judges, as well as adjudication. Judicial appointments were made by the monarch, and until 2008, could be recalled by him at any time. Furthermore, the monarch was the final court of appeal (the "Supreme Court of Appeal"). During the reign of the Third King , Druk Gyalpo Jigme Dorji Wangchuck , the National Assembly enacted
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#17328022268991166-501: The Royal Court of Justice , the judicial branch of the government of Bhutan under the Constitution of 2008 . The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi ( attorneys ). The National Judicial Commission was established in 2001 as part of Bhutan's Civil and Criminal Procedure Code. It began as a body appointed by the Druk Gyalpo and chaired by
1219-564: The 116th National Day celebration , King Jigme Khesar Namgyel Wangchuck unveiled a project to establish a Special Administrative Region in Gelephu called the Gelephu Special Administrative Region . The project is developed by BIG, Arup, and Cistri, spans 1,000 square kilometers. Inspired by Bhutanese culture and Gross National Happiness principles, the plan includes an international airport, railways,
1272-522: The 1960s when the original settlement was moved from the banks of Mo Chhu to the present area, which used to be known as Hati Sahar (elephant place). On 5 September 2004, insurgents bombed a marketplace in the town, killing two people and injuring twenty-seven others. Gelephu Thromde has 11.52 km planning boundary area which can be increased further. It has 6 sub zones (Demkhong) listed as 1. Trashiling, 2. Namkhaling, 3. Jampeling, 4. Rabtengling, 5. Samdrupling, 6. Sonam Gatsel. Core market area
1325-448: The 1980s were public, and it was the practice of the accuser and the accused each to put their cases in person to judges. There were no lawyers in Bhutan's legal system until the 1980s, and decisions were made on the facts of each case as presented by the litigants. Judges appointed by the Druk Gyalpo were responsible for investigations, filing of charges, prosecution, and judgment of defendants. Serious crimes were extremely rare throughout
1378-431: The 20 dzongkhags overseen by the Ministry of Home and Cultural Affairs . Each dzongkhag has its own elected government with non-legislative executive powers, called a dzongkhag tshogdu (district council). The dzongkhag tshogdu is assisted by the dzongkhag administration headed by a dzongdag (royal appointees who are the chief executive officer of each dzongkhag ). Each dzongkhag also has
1431-537: The Act. The Act also established rules of judicial conduct and promotion criteria. The Judicial Service Act of 2007 also codified aspects of the Bhutanese judicial system that appear in the Constitution of 2008 , namely the function of the National Judicial Commission, the roles and appointments of the upper judiciary, and the general framework of the court system. Insofar as the Judicial Service Act
1484-1171: The Bhutanese judicial system, civil and criminal procedure are defined by the Civil and Criminal Procedure Code of 2001. Foremost, the Code provides for open trials, equal protection of the laws, impartiality, and habeas corpus petition rights. Both civil and criminal trials in Bhutan are decided by one or more judges. After final appeal in the court system, the Code provides for appeal to the Druk Gyalpo . General procedure regulations include summons (including service), discovery (including privileges such as attorney work product), attachment of property, injunctions, interlocutory orders, receivership, and other legal mechanisms of common law civil actions. Its guarantees include general evidentiary standards, such as adversarial introduction of physical and testimonial evidence, cross examination, and production of exhibits. Unlike common law systems, however, Bhutanese judges are also authorized to investigate, inspect, or inquire into any matter before it. But as in common law systems, civil actions require parties prove their cases on
1537-611: The Chief Justice of Bhutan as Chairperson. The Commission advises the Druk Gyalpo on judicial appointments (the Chief Justice of Bhutan and the Drangpons of the Supreme Court and High Court – also the members of the Commission itself). The Commission also advises the Druk Gyalpo on the establishment of courts and tribunals in addition to those established by law. With the enactment of the Constitution of Bhutan in 2008,
1590-475: The Chief Justice of Bhutan, also a royal appointee. In 2001, the number of council members was not codified. The Commission was reshaped with the enactment of the Judicial Service Act of 2007. Its membership was codified to include the chairperson of the Legislative Committee of the National Assembly , the Attorney General, the senior most Associate Justice (Drangpon) of the Supreme Court, and
1643-525: The Code's criminal procedure is identical to that of any modern common law jurisdiction. The Civil and Criminal Procedure Code of 2001 also sets forth the structure and jurisdiction of the Bhutanese court system, echoed in the Judicial Service Act of 2007 and preserved by the Constitution of Bhutan in 2008. Evidentiary standards are codified by the Evidence Act of 2005. The Act includes many modern, liberal English common law provisions including
Districts of Bhutan - Misplaced Pages Continue
1696-648: The Commission and the Council. The Royal Judicial Service Council determines and administers the organizational structure, budgetary, and personnel requirements of the judiciary. The Council is also empowered to create and abolish posts other than those of the Supreme Court and the High Court Drangpons, regulate higher or continuing legal education, and oversee the Judicial Service Selection Examination. All decisions of
1749-692: The Commission membership was reduced to four persons: the Chief Justice of Bhutan as Chairperson, the senior most Drangpon of the Supreme Court, the Chairperson of the Legislative Committee of the National Assembly, and the Attorney General (Art. 2) All members of the Committee except the National Assembly Committee Chairperson remain royal appointments. The Judicial Service Act of 2007 also established
1802-642: The Council must be reviewed by the Chief Justice of Bhutan. The Judicial Service Act codified the requirement that those in judicial service attain at least a bachelor of laws , including support personnel ( clerks ). Drangpons of the Dzongkhag and Dungkhag Courts are required to attain a postgraduate diploma in National Law. Prior to the Act, judges were selected from among civil servants. Other qualifications, such as natural born citizenship, lack of foreign relations, and political detachment are imposed under
1855-465: The Information, Communications, and Media Act, regulate gambling, and raise their own funds. They also oversee the dzongdag . A dzongdag , in turn, is responsible for maintaining law and order , and for enforcing the driglam namzha (rules for disciplined behavior). Judicial system of Bhutan Parliament Judiciary The judicial system of Bhutan is the purview of
1908-637: The National Assembly ratified a SAARC convention on terrorism, which Bhutan has consistently condemned in international forums. It provided for extradition of terrorists. Until the enactment of the Constitution of Bhutan in 2008, the Royal High Court of Bhutan was the highest court in the kingdom . The Royal High Court had original jurisdiction over the twenty dzongkhags of the nation. Gelephu Gelephu ( Dzongkha : དགེ་ལེགས་ཕུ་ ; Wylie : dge-legs-phu ), also spelled as Gelyephug , Gelegphu, Gaylegphug, or Gaylephug, ( IATA : GLU )
1961-709: The National Legal Course; and have passed the Bar selection examinations. The Constitution guarantees all persons the right to "consult and be represented by a Bhutanese Jabmi of [their] choice." (Art. 7, § 21) Notably, instances of repeated violations of the Jabmi Act by one jabmi resulted in a one-year prison sentence as well as multiple fines and monetary judgments against him. Under the Royal Command of Druk Gyalpo Jigme Singye Wangchuck in 1995,
2014-782: The Royal Judicial Service Council, an administrative agency ancillary to the National Judicial Commission. It has seven members: the Chief Justice of the High Court; the Registrars General of the Supreme Court and High Court; one sitting Drangpon of the Supreme Court; two Drangpons of the Dzongkhag Courts; and one Drangpon of the Dungkhag Courts on a two-year rotational basis. No Supreme Court Drangpon may simultaneously sit on both
2067-402: The Supreme Court; the Chief Justice and Drangpons (Associate Justices) of the High Court. These royal judicial appointments are made from among the vacant positions' peers, juniors, and available eminent jurists in consultation with the National Judicial Commission. Within the court system, the government of Bhutan and its organs are advised and represented in civil and criminal proceedings by
2120-554: The early 2000s. In 2023, it was announced that a new international airport would be built as part of the proposed Gelephu Special Administrative Region. The existing domestic airport will remain operational. Construction Development Corporation Limited is a Public Sector Company with 100% shares owned by the Royal Government of Bhutan. After the merger of Gelephu workshop to Hesothangkha in 1996-1997 and till recently, maintenance of its huge workshop structure and compound
2173-572: The election process of dzongkhag tshogdu , the appointment process of dzongkdag , and the role of dzongkhag courts within the judicial system of Bhutan . It also repealed all previous acts and laws regarding local governments, including the Dzongkhag Yargay Tshogdu Chathrim of 2002. Under the Local Government Act of 2009 , the dzongkhag tshogdu is the non-legislative executive body of
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2226-403: The exclusion of evidence that is unfairly prejudicial, exclusion of evidence of attempts to settle outside court, and exclusion of evidence of subsequent remedial measures. The Act, however, does not guarantee parties before a court to confront the witnesses against them when the court believes the witness' identity needs to be protected. Physical evidence on an issue renders documentary evidence on
2279-604: The first comprehensive codified laws known as the Thrimzhung Chhenmo ("Supreme Law") in 1953, which contain almost all modern categories of criminal offenses and their penalties. The 1965 code, however, retained most of the spirit and substance of the seventeenth-century code. Family problems, such as marriage, divorce, and adoption, usually were resolved through recourse to Buddhist or Hindu religious law . As late as 1991, village heads often judged minor cases and district officials adjudicated major crimes. Trials in
2332-471: The increasingly dysfunctional dual system of government eventually collapsed amid civil war. The victorious Penlop of Trongsa Ugyen Wangchuck gained de jure sovereignty over the entire realm in 1907, marking the establishment of the modern Kingdom of Bhutan and the ascendancy of the House of Wangchuck . At the direction of the fourth Druk Gyalpo (Bhutan head of state), Jigme Singye Wangchuk ,
2385-496: The nation's security force. Furthermore, the Royal Bhutan Police are empowered with some quasi-judicial powers, namely to prosecute suspects and to summon witnesses. Bhutan 's civil and criminal codes are based on the Tsa Yig , a code established by Shabdrung Ngawang Namgyal in the seventeenth century. The Tsa Yig was revised in 1957 and ostensibly replaced with a new code in 1965. Historically, in Bhutan's judicial system,
2438-442: The parties are at all times able to resolve their disputes before local government mediators. The Code's criminal procedure section provides laws on arrest by police (with and without warrant), citizen's arrest, several kinds of search and seizure (also with and without warrant), charge, and trial procedure. Pleas, bargaining, and sentencing are also regulated under the Code, along with special rules for juvenile offenders. Nearly all
2491-436: The presence of one witness of each party; signature by all parties or another person himself duly empowered by a written agreement; and legal execution with a stamp . Contracts are invalidated by an erased word; an alteration which is not counter-signed by the parties executing the agreement; a defective seal or signature; an improper legal stamp; the mental unsoundness, duress, or minority of a party; an objection by any party in
2544-560: The process of decentralisation of local administration started in 1981 with the formation of a dzongkhag yargye tshogchung (DYT, district development committee) in each of the newly created dzongkhags . Four dzongdeys (zones) were established in 1988 and 1989: Zone I, including four western districts, seated at Chhukha ; Zone II, including four west-central districts, seated at Damphu ; Zone III, including four east-central districts, seated at Geylegphug ; and Zone IV, including five eastern districts, seated at Yonphula; to "provide
2597-528: The same issue inadmissible unless the court finds there is substantive and reasonable ground for the physical evidence to be untrue and irrelevant. Thus, judges retain a high level of discretion in the admission of evidence in all cases and the ability to rebut witness evidence in certain others. Witnesses may be impeached by prior inconsistent statements or by evidence of prior bad acts involving dishonesty or fraud . There are also provisions protecting witnesses and victims of sexual crimes which render evidence about
2650-404: The twentieth century, although there were reports of increased criminal activity in the 1980s and early 1990s with the influx of foreign laborers, widening economic disparities, and greater contact with foreign cultures. Arrests could be made only under legal authority. Exile, stated as a punishment in the 1953 Constitution of the National Assembly , and its 1968 revision, was generally unused as
2703-481: The witness or victim's sexual behavior inadmissible in most situations. Hearsay (including non-hearsay and hearsay exceptions), party admissions, burdens, and presumptions are also codified in a fashion similar to the United States Federal Rules of Evidence . The Evidence Act also covers the requirements of contracts , legally termed "written agreements". Valid agreements require writing in
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#17328022268992756-530: Was fully functional. Zone I, Zone II and Zone III were "indefinitely" disabled in early 1991. Zone IV also ceased to function in mid-1992. Dzongdeys slowly lost relevance and went defunct as they were not included in the Constitution of Bhutan and the Local Government Act of 2009, which repealed the previous local governments and administrative divisions. Under the Dzongkhag Yargay Tshogdu Chathrim (District Development Council Act) of 2002,
2809-471: Was neglected and it did not receive that much importance and priority to maintaining operation in the south. The facilities and workshop structure/buildings are currently in a dilapidated condition except for the Lungta Auto Center, which provides comprehensive auto services. After the revival, initiatives have been taken up to repair and rehabilitate the workshop buildings/facilities gradually in
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