This architecture was put in place by a celebrated historical figure, Ngawang Namgyal, around 1616, and it lasted for nearly 300 years thereafter—that is, until the ascendancy of Ugyen Wangchuk as king (Druk Gyalpo, the Dragon King). When it became clear to the king that members of the National Assembly were lukewarm to the idea, he agreed to a compromise of compiling a shortlist of candidates from whom the Assembly would choose six persons to serve as ministers. Among other things, Nepal was gripped by student demonstrations and protests demanding that the government, headed by King Birendra, should allow for a multi-party democracy based on universal adult suffrage rather than the non-party panchayati raj system that had then been in existence. ‘For example,’ says this author, ‘the King issued a directive in June 2012, when the National Assembly was deliberating a bill that would allow the government to retain larger leverage to distribute governmental land for resettlement purposes. In view of this, he chose to anticipate the inevitable by initiating change himself.’37 This interpretation, combining as it does motives of self-preservation and altruism, has found wide acceptance within and outside Bhutan. The party that wins the most seats nominates the Prime Minister. Indeed, an authoritative publication on the subject, issued by the Royal Courts of Justice as recently as 2001, is not only silent on the Tibetan antecedents of the Bhutanese legal system but suggests that the country was ‘lawless’ before the advent of Ngawang Namgyal, who unified Bhutan in the 17th century.10 It needs to be stated, however, that a modern effort at codifying the law, undertaken in 1959—which resulted in a document called Khrimsgzhung Chennmo (Supreme Law Code)—clearly brought out colonial British and Indian legal influences on contemporary approaches to the administration of justice. [8] Previously, the candidates to the cabinet Council of Ministers (Lhengye Zhungtshog) were nominated by the monarch, elected by the National Assembly. The reference to the Chogyal of Sikkim related to the controversial annexation of Sikkim and the unceremonious ouster of its ruler, the Chogyal, by India in 1975; for a sharp critique of this action, see Sunanda K Datta-Ray, Smash and Grab: Annexation of Sikkim (Westland 2013). Government v Opposition Leader, 24 February 2011 accessed 22 October 2019. These fears reportedly made a deep impression on King Jigme Singye Wangchuk who, as one commentator noted, ‘could also sense the unfolding aspects of globalisation where democracy and human rights had come to acquire centre stage in political discourse’.34. Indeed, when the issue was debated in the National Assembly, it was argued that ‘most of the members felt that granting of freedom of speech and expression to the people, although good in principle, was premature in view of the general backwardness of the people and their lack of consciousness…it was resolved that the public would not be granted freedom of speech at present’. Much has been written about the challenges of explaining the constitution-making exercise—and the wider ‘democratization’ process—in Bhutan in terms of conventional political theories, and it would be foolhardy to deny those challenges. It is imperative that the U.S. government first help reunite Bhutanese American families, conduct congressional hearings on Bhutan, and formulate policies in line with the American commitment to human rights and democracy. Domestically, it can be seen as strengthening, rather than weakening, the position of the monarch. The Constitution of the Kingdom of Bhutan was formally adopted in a historic signing ceremony held on July 18, 2008, at the Tashichhodzong. In all jurisdictions outside dungkhags, the Dzongkhag Courts are the civil and criminal courts of first instance. These included two documents sent by the prime minister, headed ‘Terms of Reference for the Drafting Committee of the Constitution’ and an ‘Internal Working Paper Framework for a National Constitution’; the reason why the committee rejected these submissions is that they did not want their independence (in terms of what procedure to follow) interfered with. The process that followed is described thus: All persons were given sufficient time to express their views, comments and suggestions, both positive and negative, on the draft Constitution. ‘Being written for the indefinite future’, noted Elster, ‘constitutions ought to be adopted in maximally calm and undisturbed circumstances. While deciding to grant citizenship, the National Assembly reflected a degree of nervousness about the patriotism of the Lhotsampas and laid down that ‘the Nepalese of Southern Bhutan should abide by the rules and regulations of the Royal Government and, pledging their allegiance to the King, should conscientiously refrain from serving any other authority (such as Gorkha). As the chief justice later described: [h]is Majesty’s announcement took the people by surprise and disbelief. There was also a Royal Advisory Council (Lodoi Tsokde), members nominated by the monarch. He underlined the complementarity between rights and responsibilities. World Bank Group, Doing Business 2016, Fact Sheet: South Asia accessed 10 July 2019. The events in Nepal clearly reverberated in Bhutan, as independent accounts in the international media indicated.36 King Jigme Singye Wangchuk saw the writing on the wall in a way that absolute rulers of lesser perspicacity may not have done. [1] In 2008, Bhutan adopted its first modern Constitution, codifying the institutions of government and the legal framework for a democratic multi-party system. Most Bhutanese are unaware of Gross National Happiness and what it means to them and the nation in general. We opted for the first, the safest one, and left our hard-earned properties, land and dozens of domestic animals behind on March 5, 1990. See Smruti S Pattanaik, ‘Ethnic Identity, Conflict and Nation Building in Bhutan’ (1998) 22(4) Strategic Analysis 635 (pinpoint reference not available) accessed 22 October 2019. The first of those occasions arose in 2010 when a difference of opinion over the interpretation of a constitutional article110 resulted in the leader of the opposition challenging the government in the high court. (g) 18th July 2008 – The Constitution of the Kingdom of Bhutan was formally adopted in a historic signing ceremony held in the Kuenrey of the Tashichodzong. Many would even see the outcome of these cases as confirmation of the Court’s commitment to taking seriously the Constitution and its role as a guardian of this document, while simultaneously helping to cultivate a culture of constitutionalism across government institutions. Rather, the emphasis was on the importance of progress and values. [3][citation needed] In 1949, after Indian independence, Bhutan and India agreed to a ten-article, perpetual treaty which effectively continued the relationship, but with India taking the place of the United Kingdom. For such a motion to be valid and to take effect, it has to be tabled by at least two-thirds of the total number of MPs (in both houses combined) and passed by at least three-fourths of the combined strength of members of parliament in both houses voting in a joint sitting of the two houses. Tenzin Rondel Wangchuk (Minister Counsellor, Royal Bhutanese Embassy, Belgium), ‘Development of Democracy in Bhutan: A Personal Perspective’ Address to the Danish–Bhutan Friendship Association (25 March 2017) accessed 22 October 2019. See eg ‘Conflict and Conciliation in Traditional Bhutan’ in Michael Hutt (ed), Bhutan: Perspectives on Conflict and Dissent (Kiscadale 1994) 28. One such pamphlet, entitled The Gorkha People of Southern Bhutan, Must Unite and Fight for our Rights, made claims of cultural and civilizational superiority of the Lhotsampas over the Drupkas and made threats against the king, warning him that he would ‘soon go to the way of his late uncle, the Chogyal of Sikkim…[i]f the present racist policy of Bhutanisation is not stopped, as one large and strong fist that will strike a lethal blow and once and for all remove the evil Drukpa regime.’ See Pattanaik (n 31). All other Directive Principles merely require the State to ‘endeavour’ to achieve certain objectives or undertake certain tasks, as is the norm in constitutions that contain such principles. See eg ‘Bhutan: The Good King, Bad King Routine’, The Economist (12 May 2005), which reported one development worker saying: ‘The government is terrified of the chaos in Nepal.’. In the royal decree calling for the drafting of the constitution, he specified that the document should cover the following 10 specific matters: fundamental rights and duties of citizens; functions, powers, and responsibilities of the executive; role, powers, and functions of the legislature; role, functions, and responsibilities of local government bodies; role, powers, and functions of the judiciary; role, functions, and responsibilities of the Auditor-General, Anti-Corruption Commission, Royal Civil Service Commission, and other similar public bodies; provisions for the amendment of the Constitution. Ibid art 3(4). It was stated, for instance, that since Bhutan was neither an economic nor a military power, the only factor that could strengthen Bhutan’s sovereignty and security was its identity as the last bastion of Himalayan Buddhism.31 No open dissent was allowed against this policy at the time,32 but leaders of the Nepalis’ cause (from that minority group) circulated pamphlets, some of which contained incendiary language.33 There were also demonstrations organized, notably in 1990 in the town of Chirang in southern Bhutan, to ventilate the Lhotsampas’s continuing disgruntlement with the Bhutanese state. The constitutional reform process can also be envisaged as an attempt to strengthen the sovereignty of the country. Bhutan's head of government is its Prime Minister. This article argues that, although the process itself ran smoothly, it is too early to judge the durability and long-term success of Bhutan’s new constitutional arrangements. India is one of the largest democracies in the world with the lengthiest Constitutions (comprising 448 articles, 25 parts and 12 schedules). No less noteworthy is the fact that recent years—in particular, the period beginning around the new millennium—have seen an increasing impact of common law concepts and principles within the Bhutanese legal system.11, Religion is intimately connected with the political history of Bhutan, and this fact cannot be lost sight of while attempting to understand the country’s recent experiment with constitution making.

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