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کاربران آنلاين: ۷
بازديد امروز: ۳۷۵
بازديد روز قبل: ۴۹۹
بازديد هفته: ۳۰۳۹
بازديد ماه: ۳۷۵۰
بازديد کل: ۶۲۷۸۹۳۰
آي پي: ۱۹۲.۱۶۸.۰.۱۸۷
قوانين اساسي کشورها > انگليسي > ۱۳۸۷/۰۶/۲۷
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Bhutan



Constitution of

Bhutan
Editors’ Note

Bhutan does not have a written constitution as of now. The draft of the constitution is currently being prepared by a ۳۹-member Drafting Committee. It is expected that it will establish a dynamic system of governance which would uphold the true principles of people’s participation. We will upload it on our web site www.prayernetindia.com as soon as it is available to us. In the mean time following is the information supplied to us


Political System


The Bhutanese system of governance is in many respects, unique in the world. It is a system that provides people with direct access to the nation’s monarch. It incorporates fora where the people’s elected representatives debate and make decisions on matters of national importance, with an agenda based upon the concerns and aspirations of the local community. Evidence of the capacity of this system of governance for further evolution is provided by the importance accorded to decentralization aimed at further empowering local communities and at enlarging opportunities for them to share in decision making on the future of the nation.


The Royal Government of Bhutan


While far-reaching initiatives were undertaken by Successive monarchs to strengthen the Kingdom’s political and legal institutions and establish an effective democratic framework, the most significant political changes were initiated by His Majesty King Jigme Singye Wangchuck, fourth in the Wangchuck Dynasty.



Decentralisation


In ۱۹۸۱ His Majesty introduced a programme of administrative and political decentralisation. This enhanced democratic powers, social responsibilities, transparent processes and decision-making at the grass roots level.


Election of Ministers


The greatest change in the devolution of power took place during the ۷۶th session of the National Assembly in ۱۹۹۸. Through an unprecedented Royal Edict, the Lhengye Zhungtshog (Cabinet) was dissolved and the National Assembly elected the members of the Council of Ministers by a secret ballot. Full executive powers were devolved to the Council of Ministers.


The Bhutanese System of Governance


HIS MAJESTY THE KING


EXECUTIVE


Head of the Government

CABINET


MINISTERS

Home Affairs

Finance

Foreign Affairs

Agriculture

Health & Education

Trade & Industry

Communications


AUTONOMOUS AGENCIES

Royal Civil Services Commission

Planning Commission

National Environment Commission

Royal Monetary Authority

National Technical Trg. Authority

Royal Institute of Management

Department of Legal Affairs

Centre for Bhutan Studies

Dzongkha Development Commission


LEGISLATURE

Speaker

NATIONAL ASSEMBLY


JUDICIARY

Chief Justice

HIGH COURT


DZONGKHAG

Drangpon

COURT


Dungkhag Drangpon

DUNGKHAG


Gup

GEWOG


Mechanism for Vote of Confidence


On the insistence of His Majesty, the ۷۷th session of the National Assembly in July ۱۹۹۹ further debated and endorsed the Chathrim (the role and responsibility of the Council of Ministers) and the mechanism for a Vote of Confidence in the King.


Drafting a Written Constitution


Another momentous stride into the future came with a royal decree issued by His Majesty the King in September ۲۰۰۱, which commanded the drafting of a constitution.

The draft of the constitution is currently being prepared by a ۳۹-member Drafting Committee composed of representatives from the monk body, people, judiciary and the Royal Government. It will establish a dynamic system of governance which would uphold the true principles of people’s participation.


National Assembly


The Tshogdu (National Assembly) which is the highest legislative body, was established in ۱۹۵۳ by the third King Jigme Dorji Wangchuck. It consists of ۱۵۰ members; ۱۰۵ are elected representatives of the people, ۱۰ are from the Clergy and ۳۵ are nominated representatives of the Government. The National Assembly, as a legislative body, is an independent institute which elects the Council of Ministers, approves the annual budget and legislates Acts governing the country and discusses national issues. The people’s representatives are directly elected by the people of their respective constituencies through a consensus or by a secret ballot. The voters have choices: men and women of proven integrity and community services stand for election. The representatives of the clergy are elected by the Dratshang (Central Monastic Body) and the concerned Rabdeys (District Monastic Bodies). The representatives of the Government 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 from among its members. The National Assembly which meets once a year enacts the 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. Decisions are passed by a simple majority. A secret ballot is taken on all matters of national importance. Any Bhutanese citizen above ۲۵ years can be a candidate for the membership of the National Assembly.


People’s Participation in Decision Making …..


“The basic purpose of the Constitution is to ensure sovereignty and security of the nation and the well-being of the Bhutanese people for all times to come. The Political system of the country must evolve so that the people would continue to enjoy peace, prosperity, justice, and the fundamental rights which have always been enshrined in the Bhutanese system.” His Majesty Jigme Singye Wangchuck, ۲۰۰۱.



The Judiciary


The Judicial system of Bhutan is comprised of a three-tier hierarchy i.e. the Sub-Divisional –Court, the District-Court and the High-Court. People can approach His Majesty the King for pardon/commutation of sentences. The courts have both Appellate and Original jurisdiction, besides being courts of general jurisdiction, dealing with both civil and criminal cases.

With the establishment of the High-Court in ۱۹۶۸, consisting of the Thrimchi Lyonpo (Chief Justice) and seven Drangpons (Judges), and Thrimkiduensa (Courts) in all ۲۰ Dzongkhags (Districts), and three Dungkhag Thrimkiduensas (Sub-Divisional-Courts), the Judicial system has been separated from the Executive and Legislative branches of the Royal Government. The Courts in each District and Sub-Division is headed by a Drangpon (Judge) and assisted by Drangpon Ramjams (Assistant Judges). Minor disputes, however, are settled by Barmis (Mediators) at the village level.

The laws of the country have been codified in the Thrimzhung Chhenmo (Supreme Law), which was enacted by the National Assembly during several sessions in the ۱۹۵۰s, and some subsequent Acts passed by the National Assembly provides the basis for the administration of justice.

Bhutan’s Legal Code is based on a code laid down by Ngawang Namgyal, the first Shabdrung who arrived in Bhutan in ۱۶۱۶. Traditional Buddhist precepts are significantly maintained in the legal processes.


The Cabinet


The Lhengye Zhungtshog (Cabinet ) was established in ۱۹۶۸. With the devolution of power by His Majesty King Jugme Singye Wangchuck in ۱۹۹۸. The Cabinet is now the highest executive body in the country. It consists of the Council of Ministers and members of the Lodey Tshogdey (Royal Advisory Council). Its members are collectively responsible to His Majesty the King and the Tshogdu (National Assembly).


Royal Advisory Council


The Lodey Tshogdey (Royal Advisory Council or RAC) was formally established in۱۹۶۵ to advise the King and government ministers and to supervise the implementation of programmes and policies laid down by the National Assembly. The Royal Advisory Council continues to be a consultative and advisory body. There are nine members of the Royal Advisory Council including the Chairman. Six members are elected representatives of the public, two elected representatives of the clergy, and one nominated by the government who functions as a Chairman of the Council. The current Chairman Dasho Rinzin Gyaltshen was appointed in July ۱۹۹۸.


The Monastic Body


Given the long religious history of the country, The Dratshang (Monastic Body), continues to play an important role in the spiritual and cultural lives of the people. It not only engages in religious practices, but also participates in important state institutions such as the Tshogdu (National Assembly) and the Lodey Tshogdey (Royal Advisory Council).

The Monastic Body comprises of the Central Monastic Body and the District Monastic Bodies. The current strength of the Monastic Body is about ۵,۰۰۰ registered monks and is financed by an annual grant front the Royal Government. The Monastic Body is the sole arbiter on religious matters. His Holiness, Je Khenpo is chosen from amongst high-ranking monks. He is the head of the Monastic Body and is assisted by four high-ranking monks.

Local Government


Administratively, the country is divided into ۲۰ Dzongkhags (Districts) composed of ۲۰۲ Gewogs (Blocks). 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 His Majesty, the decentralisation of administration was implemented in ۱۹۸۱ through the establishment of Dzongkhag Yaergye Tshogchungs (District Development Council or DYT’s). It was followed by further decentralisation to the Block level in ۱۹۹۱ with the introduction of the Gewog Yargye Tshogchungs (Block Development Council or GYT’s). DYTs and GYTs have been set up in all Districts and Blocks. 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 decision-making processes.

Local administration has been strengthened to meet the requirement of decentralised administration and development. All the Districts, are under the charge of a Dzongda (District Administrator) responsible for civil administration and development activities. Each District Administrator is assisted by a Dzongrab (Deputy District Administrator) and various sector officials who are responsible for planning, development and civil administration. The larger Districts are divided into Dungkhags (Sub-District) headed by Dungpa (Head of sub-district). A group of villages or a Gewog (Block) is the lowest administrative unit and each Block has a village headman called the Gup. In each district, the District Administrator is assisted in his development function by the District Development Council (DYT) which consists of people’s representatives and government officials.

Except a few nominated members, all other members of the Tshogdu (National Assembly), Lodey Tshogdey (Royal Advisory Council, ۹ members), DYTs (۵۷۲ members) and GYTs (۳,۳۳۷ members), are elected by the people by way of simple majority or secret ballot when required



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