The Constitution of Bhutan (
Dzongkha: འབྲུག་གི་རྩ་ཁྲིམས་ཆེན་མོ་;
Wylie:'' 'Druk-gi cha-thrims-chen-mo'') was enacted 18 July 2008 by the
Royal Government of Bhutan
The Government of Bhutan has been a constitutional monarchy since 18 July 2008.
The King of Bhutan is the head of state. The executive power is exercised by the Lhengye Zhungtshog, or council of ministers, headed by the Prime Minister. Legislat ...
. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing
democratic reforms in Bhutan. The current Constitution is based on
Buddhist philosophy
Buddhist philosophy refers to the philosophical investigations and systems of inquiry that developed among various schools of Buddhism in India following the parinirvana of The Buddha and later spread throughout Asia. The Buddhist path combi ...
, international
Conventions on Human Rights, comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents.
According to
Princess Sonam Wangchuck, the constitutional committee was particularly influenced by the
Constitution of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Govern ...
because of its strong protection of
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
.
Background
On 4 September 2001,
King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
Jigme Singye Wangchuck
Jigme Singye Wangchuck ( dz, འཇིགས་མེད་སེང་གེ་དབང་ཕྱུག་, ; born 11 November 1955) is a member of the House of Wangchuck who was the king of Bhutan (Druk Gyalpo) from 1972 until his abdicati ...
briefed the
Lhengye Zhungtshog
Bhutan (; dz, འབྲུག་ཡུལ་, Druk Yul ), officially the Kingdom of Bhutan,), is a landlocked country in South Asia. It is situated in the Eastern Himalayas, between China in the north and India in the south. A mountainous ...
(Council of Ministers, or Cabinet), the Chief Justice, and the Chairman of the Royal Advisory Council on the need to draft formal Constitution for the
Kingdom of Bhutan
Bhutan (; dz, འབྲུག་ཡུལ་, Druk Yul ), officially the Kingdom of Bhutan,), is a landlocked country in South Asia. It is situated in the Eastern Himalayas, between China in the north and India in the south. A mountainous ...
. The King expressed his desire that the Lhengye Zhungtshog and the Chief Justice should hold discussions on formulating the Draft Constitution.
While Bhutan did not have a formal Constitution, the King believed all the principles and provisions of a Constitution were covered under the various written laws and legislation which guided the actions of the King and the functioning of the Royal Government, the judiciary and the National Assembly of Bhutan. Nevertheless, with the country and the people having successfully achieved a high level of development and political maturity, the time had come for a formal Constitution for the Kingdom of Bhutan.
[ Royal Government of Bhutan appointed ]India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
n constitutional lawyer K. K. Venugopal
Kottayan Katankot Venugopal (born 6 September 1931) is an Indian constitutional lawyer and a senior advocate in the Supreme Court of India. On 1 July 2017, he was appointed as the Attorney General of India and retired on 30 September, 2022. He ...
to serve as the Constitutional adviser for drafting of the Constitution of Bhutan.
The King emphasized that the Constitution must promote and protect the present as well as the future well-being of the people and the country. He stated the Constitution must ensure that Bhutan had a political system that would provide peace and stability, and also strengthen and safeguard Bhutan's security and sovereignty. The King decided the Lhengye Zhungtshog should, therefore, establish a committee to draft the Constitution for the Kingdom of Bhutan. The King said that the Drafting Committee should comprise government officials, National Assembly members, and eminent citizens who were well qualified, had a good understanding of the laws of Bhutan, and who would be able to contribute towards drafting the Constitution.[
On November 30, 2001, the King inaugurated the outset of its drafting with a ceremony.] By 2005, the Royal Government had circulated copies of the draft among the civil service and local governments in order to receive locals' feedback.
Provisions of the Constitution of Bhutan
The provisions of the Constitution of Bhutan appear below, grouped into thematic order for the convenience of the reader.
Basic provisions
The Constitution defines the Kingdom of Bhutan
Bhutan (; dz, འབྲུག་ཡུལ་, Druk Yul ), officially the Kingdom of Bhutan,), is a landlocked country in South Asia. It is situated in the Eastern Himalayas, between China in the north and India in the south. A mountainous ...
as a democratic constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
belonging to the people of the Kingdom. The territory of Bhutan is divided into 20 Dzongkhags (Districts) with each consisting of Gewogs (Counties) and Thromde
A thromde (Dzongkha: ཁྲོམ་སྡེ་; Wylie: ''khrom-sde'') is a second-level administrative division in Bhutan. The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009, and the r ...
s (Municipalities). Dzongkha is the national language
A national language is a language (or language variant, e.g. dialect) that has some connection—de facto or de jure—with a nation. There is little consistency in the use of this term. One or more languages spoken as first languages in the te ...
of Bhutan, and the National Day of Bhutan is December 17.[Constitution of Bhutan]
, Art. 1
The Constitution is the supreme law of the State and affirms the authority of legal precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
:
All laws in force in the territory of Bhutan at the time of adopting this Constitution continues until altered, repealed or amended by Parliament. However, the provisions of any law, whether made before or after the coming into force of this Constitution, which are inconsistent with this Constitution, shall be null and void.
The Supreme Court of Bhutan is the guardian of the Constitution and the final authority on its interpretation.[
Rights over natural resources vest in the State and are thus properties of the State and regulated by law.][
Throughout the Constitution, retirement is mandated for most civil servants upon reaching age 65.][ Notably, this includes the reigning King whenever possible.][Constitution of Bhutan]
, Art. 2
The monarchy and the royal family
The Constitution confirms the institution of monarchy
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy) ...
. The Druk Gyalpo
The Druk Gyalpo (; 'Dragon King') is the head of state of the Bhutan, Kingdom of Bhutan. In the Dzongkha, Dzongkha language, Bhutan is known as ''Drukyul'' which translates as "The Land of the Thunder Dragon". Thus, while kings of Bhutan are ...
(King of Bhutan) is the Head of State
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
and the symbol of unity of the Kingdom and of the people of Bhutan. The Constitution establishes the " Chhoe-sid-nyi" (dual system of religion and politics) of Bhutan as unified in the person of the King who, as a Buddhist
Buddhism ( , ), also known as Buddha Dharma and Dharmavinaya (), is an Indian religion or philosophical tradition based on teachings attributed to the Buddha. It originated in northern India as a -movement in the 5th century BCE, and ...
, is the upholder of the Chhoe-sid (religion and politics; temporal and secular).[ In addition, the King is the protector of all religions in Bhutan.][Constitution of Bhutan]
, Art. 3 The King is also the Supreme Commander in Chief of the Armed Forces and the Militia of Bhutan.[ The King is not answerable in a court of law for his actions, and his person is sacrosanct.][ However, the King is mandated to protect and uphold the Constitution "in the best interest and for the welfare of the people of Bhutan." Furthermore, there are Constitutional provisions for involuntary abdication in the event the King violates the Constitution.][
The Constitution entitles the King and the royal family to annuities from the State in accordance with law made by Parliament; all rights and privileges including the provision of palaces and residences for official and personal use; and exemption from taxation on the royal annuity and properties. The Constitution also limits the membership of the royal family to reigning and past Monarchs, their Queens and their Royal Children born of lawful marriage.][
Article 2 Section 26 states that Parliament may make no laws nor exercise its powers to amend the provisions regarding the monarchy and Bhutan's government as a "Democratic Constitutional Monarchy" except through a national ]referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
.[
]
Royal prerogatives
Under the Constitution, the King, in exercise of his Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
s (and as Head of State), promotes goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries. The King may also award titles, decorations, ''dar'' for Lhengye and Nyi-Kyelma (conferring a red scarf of rank and honour with the title of "Dasho
Dasho (Dzongkha: དྲག་ཤོས; Wylie: ''Drag-shos'') (lit. Excellent One) is a Bhutanese honorific that is bestowed upon individuals, along with a red scarf kabney, by the Druk Gyalpo. In common practice, however, many senior government o ...
") in accordance with tradition and custom.
Also among the Royal Prerogatives are the grants of citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
, amnesty, pardon and reduction of sentences; and land "kidu" and other "kidus" (benefits).[
The King may, by ]Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
, command bills and other measures to be introduced in Parliament.[ Furthermore, bills of Parliament are ultimately subject to veto and modification by the King, however he must assent to bills resubmitted after joint sitting and deliberation.] The King may also exercise powers "relating to matters which are not provided for under this Constitution or other laws."[
]
Succession and retirement