Bhutan is
ruled by a hereditary monarch. His Majesty King Jigme Singye Wangchuk governs with
the support of a National Assembly and a Council of Ministers. There is no
written constitution to protect fundamental political and human rights. (
Country Reports on Human Rights Practices
- 2003 ) Released by the Bureau of Democracy, Human Rights, and Labor March
4, 2002).
Please read
History and
Monarchy
in this site for the background information.
His Majesty King Jigme Singye
Wangchuck, the fourth hereditary monarch is the current king and Chief
Executive of Bhutan. Druk Yul is the traditional or native name of Bhutan.
The Royal
Government of Bhutan is guided
by the advice of the Government of India in regard to its external
relations. Article 2 of Indo-Bhutan treaty
. India is also responsible for the defence and security of Bhutan.
The Cabinet or the Council of Ministers (Lhengye
Zhungtsho)
The first Council of Ministers was created in
1968. Till June 2003, there were six full fledged Ministries each headed by
a cabinet minister - the Ministry of Foreign Affairs;
the Ministry of Finance; the Ministry of Home; the Ministry of Agriculture;
the Ministry of Trade and Commerce; the Ministry of Education and
Health. On June 30, 2003 the king reshuffled the ministries and four new
ministries to the existing six. They are the Ministry of Home,
Ministry of Trade and Industry. Ministry of Agriculture, Ministry of
Communications, Ministry of Foreign Affairs,
Ministry of Health, Ministry of Finance,
Ministry of Work and Human Settlements, Ministry of Labour and
Human Resources and the Ministry of Education.
In
1998, the king delegated some of his normal day-to-day functions to the Council of
Ministers. On June 10, 1998, the king issued a
royal edict to the Speaker of the National Assembly directing that the
Assembly must elect all ministers for a period of five years term. The
king retained the power of nominating the names of the Council of Ministers
to the Assembly. In line with his edict the National Assembly elected the
first Council of Ministers in July 1998. The king retained the control of
"matters of national sovereignty and national
security" for himself.
The post of the the
head of cabinet equivalent to
Prime Minister is rotational. It is rotated among the six
cabinet ministers on an annual basis.
The National Assembly
The National Assembly of
Bhutan ( a unicameral house of Parliament ) is called Tshogdu. It has
150 members. 100
chimis (members) are elected indirectly by the
heads of household for a three year term. As of now, the election to National Assembly has never been conducted
through the ballot or
electoral system. The members of National Assembly
do not belong to any political party, since political parties have no legal
status in Bhutan and they function only in exile. 10 members are nominated by the Buddhist
clergy. 34 members are appointed by the King
from among the bureaucracy and the government
to represent him and 6 are Royal Advisory Councillors (
Kuensel June 26, 2004).
The
constituency of National Assembly consists of a number of villages. Each
village is entitled to nominate one candidate. Since there is no electoral
system, the villages must nominate the candidate by consensus. The
provision of self-nomination is non-existent. The law does not permit for
campaign or canvassing by the candidates. Individuals do not have the right
to vote. Every family in a village is entitled to one vote in elections.
The
National Assembly, has no independent authority. It does not have sovereign
power, since the sovereign power is vested in the
monarch. Citizens do not
have the right to change their government. The
Assembly could not evolve as a representative house.
The 105 members of National Assembly are called
chimis. They have no popular
support base. The National Assembly does
not have an opposition bench. The government ( executive branch) normally
tables a bill for discussion. The government sponsored bills become act or
laws. The members of Assembly do not table the bills.
The
Royal Advisory Council
The Royal Advisory Council (RAC) was establish
in 1965 with the task of advising the king on matters of governance and to
serve as a bridge between the king and the people. The
Royal Advisory Council consists of 9 members.
6 out of nine
members of RAC are elected by the national Assembly for three years term.
The Chairman of the RAC is appointed by the king.
The Judiciary
Bhutan’s judicial system consists of district courts and a High Court in
Thimphu. The king is the highest court of appeal..
The High Court in Thimphu known as the Royal Court of Justice is the
country's supreme court. It was set up in 1968 to review appeals from the
district courts. Until then, district authorities administered the law. It
comprises of six judges. The judges of the high court and district courts
are appointed and removed by the king.
The judiciary is not independent of the king. The King exercises strong,
active and direct power over the judiciary.
Village headmen adjudicate minor offences and the district officials
adjudicate major crimes. Bhutan has also not accepted the compulsory
jurisdiction of the International Court of Justice
The legal traditions are
based on the religious laws of Buddhism. Bhutan's civil and criminal codes
are rooted in the Tsa Yig, a code established in 1616 by Shabdrung,
the first Monk-ruler.
This code was revised in 1957 but it retained all the substance of the 17th
century code.
The justice administration
system is yet to be modernized. Provisions for professional and qualified
defence attorneys, lawyers, solicitors and jury trials are non existent.
The current judges do not possess any university degree on law. Concerned
government departments investigate and conduct the prosecution in cases
against the State and the government.
The Monastic Body
The Monastic Body ( Dratshang) represents
the Buddhist clergy and is subsidized by the government. The head of the
Monk Body Je Khenpo is the chief abbot of the country.
District Administration
There are 20 districts in
Bhutan. The Dzongda or the District Magistrate is the head of the
government in the districts and reports to the Home Ministry in the capital.
He is responsible for implementation of the central government
policies, development projects and maintaining law and order. He is
assisted by Drungpa or a Sub-district Officer in the administrative matters
and Superintendent of Police in maintaining law and order .
There 20
Dzongkhag Yargye Tshogdus
or the District
Development Committees
in 20
districts and 201 Geog Yargye Tshogchungs or
the Block
Development Committees ( Block consists of a cluster of
villages)
in the country.
As the lowest peoples’
bodies however, they do
not have much authority.
Security Forces
The security forces comprise of the Royal
Bhutan Army, Royal Bhutan Police and the Royal Bodyguards. They together
employ
14,209 personnel - Source:
Kuensel July 17, 2004. The Royal
Body Guards are responsible for the security of the King and the members of
Royal family.
The Royal Bhutan Police employs 3417 personnel -
(117 officers, 952
non-commissioned officers and 2,348 constables). It has 16 divisional offices,
34 police stations, 16 out posts, 23 check posts and two training centres.
Source: Kuensel January 06, 2005
|
