Bhutan - Government
Bhutan is a hereditary monarchy. King Jigme Singye Wangchuck governed with the support of a National Assembly, a Cabinet, a Council of Ministers (the Royal Advisory Council), and the Monastic Body, a 3,500-member body that is headed by 4 representatives with the consent of the King. There was no written constitution to protect fundamental political and human rights; however, during 2001 a draft constitution was debated by the National Assembly. In recent years, the Government adopted some measures to increase the power of the National Assembly. Citizens voted for 105 out of the 150 representatives in the National Assembly in 2002. Since ascending to the throne in 1972, the King continued the efforts toward social and political modernization begun by his father.
As head of state, the King was responsible for all matters relating to the country's domestic policies, security, and sovereignty. However, in 1998, King Wangchuk voluntarily transferred his executive powers to the ten member- Council of Ministers. Cabinet Ministers who receive the most votes rotate the chairman position on a yearly basis. The chairman of the Council of Ministers serves as Prime Minster and head of government.
The National Assembly had 150 members. Of these, 105 were elected by citizens, 10 were selected by a part of the Buddhist clergy, and the remaining 35 were appointed by the King to represent the Government. The National Assembly, which met irregularly, had little independent authority. However, there were efforts underway to have the National Assembly meet on a more regular basis, and in recent years the King and the Council of Ministers have been more responsive to the National Assembly's concerns.
The National Assembly had the power to remove ministers whom the King appoints, but it never has done so. Political authority ultimately resided in the King, and decision-making involves only a small number of officials. Officials subject to questioning by the National Assembly routinely made major decisions, but the National Assembly was not known to have overturned any decisions reached by the King and government officials.
Each National Assembly constituency consists of a number of villages. Each village was permitted to nominate one candidate but must do so by consensus. There was no provision for self-nomination, and the law states that no person may campaign for the candidacy or canvass through other means. If more than one village within a constituency puts forward a candidate, the district development committee conducts an election, and the candidate obtaining a simple majority of votes cast was declared the winner. The only time individual citizens have any involvement in choosing a National Assembly representative was when they were asked for consensus approval of a village candidate by the village headman. The name, put to villagers for consensus approval by the headman, was suggested by district officials, who in turn take their direction from the central Government.
The Monastic Body, comprised of 3,500 monks, was financed by an annual government grant and was the sole arbiter on religious matters in the country. The body also played an advisory role in the National Assembly, the Royal Advisory Council, and with the King. The King almost consistently deferred to the body's pronouncements on religious matters and many decisions affecting the state.
In March 2005, King Wangchuk unveiled a draft constitution, which envisions a constitutional monarchy with a Parliament consisting of an upper and lower house. The proposed draft Constitution legalizes political parties and guarantees fundamental human rights such as the right to life, liberty and security of person, the right of association, freedom of speech and press, freedom from torture or inhuman punishment, and freedom from discrimination based on race, sex, language, religion, or politics. The draft also mandates the abdication of the monarch on his 65th birthday and would allow the National Assembly to force a royal abdication if the motion was backed by three-quarters of its members. The draft was reportedly been sent to every household in the country for review.
In December 2006, the King abdicated the throne in favor of his son, Jigme Khesar Namgyel WANGCHUCK. In early 2007, India and Bhutan renegotiated their treaty, eliminating the clause that stated that Bhutan would be "guided by" India in conducting its foreign policy, although Thimphu continued to coordinate closely with New Delhi.
During 2007 the Bhutan parliament passed legislation that helped lay the foundation for a transition to democracy. These include measures to combat corruption and make government officials accountable, as well as provisions for freedom of speech and freedom of the press. Elections for seating the country's first parliament were completed in March 2008; the king ratified the country's first constitution in July 2008.
The bicameral Parliament or Chi Tshog consists of the non-partisan National Council or Gyelyong Tshogde (25 seats; 20 members directly elected in single-seat constituencies by simple majority vote and 5 members appointed by the king; members serve 5-year terms) and the National Assembly or Tshogdu (47 seats; members directly elected in single-seat constituencies by proportional representation vote to serve 5-year terms).
There is no limit to the number of political parties which can exist, though they must all be registered with the Election Commission. However, in a unique system, there are two rounds of elections for the National Assembly. In the first round the people vote for a political party. The two parties which receive the most votes are the two parties which can then contest for seats in the National Assembly.
The Bhutanese legal system is primarily based on Buddhist natural law. The court has three levels, the High Court, established in 1968, over which the Chief Justice presides, the Dzongkhag Court, established in 1960, and the Dungkhad Court, established in 1978. The High Court consists of seven to nine Judges. A Dzongkhag court comprises of a minimum of single judge and a maximum of three judges. A Dungkhag court is comprised of one judge.
The Supreme Court chief justice is appointed by the monarch upon the advice of the National Judicial Commission, a 4-member body to include the Legislative Committee of the National Assembly, the attorney general, the Chief Justice of Bhutan and the senior Associate Justice of the Supreme Court; other judges (drangpons) appointed by the monarch from among the High Court judges selected by the National Judicial Commission; chief justice serves a 5-year term or until reaching age 65 years, whichever is earlier; the 4 other judges serve 10-year terms or until age 65, whichever is earlier.
Under the new Constitution, the combined Upper and Lower Houses may in certain circumstances require the abdication of the reigning Monarch in favor of the heir. The monarch may be either male or female.
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