State Structure In Bhutan
Political Parties
The first parliamentary elections in 2008, was contested by two political parties- the People’s Democratic Party of PDP (founded on March 24, 2007) and Druk Phuensum Tshogpa or DPT (founded on July 25, 2007). The DPT led by Jigmi Yoezer Thinley was elected to power with a landslide victory on 24th March, 2008 to form the national government. The PDP won just two of the 47 seats to form the opposition.
The Executive
The Lhengye Zhungtshog (Cabinet) was established in 1968 by the third Druk Gyalpo. It used to be presided over by the King and comprised His Majesty’s representatives, ministers, deputy ministers, the Royal Advisory Councillors, selected government secretaries and other senior officials nominated by the King.
Today, the King of Bhutan is the Head of State and the executive power is exercised by the Lhengye Zhungtshog which is headed by the Lhengye Zhungtshog which is headed by the Prime minister and his Cabinet. The Cabinet is collectively responsible to the Druk Gyalpo and the Parliament. It is responsible for assessing the state of affairs arising from development in the state and society and from events within the country and aboard; defining the goals of state action and determining the resources required to achieve them; reviewing government policies and ensuring their implementation through issuing directives and representing the government. It is mandated to promote good governance based on democratic good governance based on democratic values and principles enshrined in the Constitution.
The Legislature
Parliament
Bhutan’s newly elected parliament comprises Gyalyong Tshogde or the National Council ( equivalent to the Upper House) and Gyalyong Tshogdu or the National Assembly (equivalent to the Lower House).
The Parliament is vested with all the legislative powers under the Constitution. It ensures that the government safeguards the interests of the nation and fulfills the aspirations of the people through public review of policies and issues, bills and legislations and scrutiny of state functions. It also ratifies all inter-national conventions, treaties, protocols and agreements.
The Parliament meets twice a year. However, if important and emergency matters so require, special sessions may be convened by the Speaker. The duration of a Parliament is governed by the nature and scope of the points for discussion received from the people. A session normally lasts about three to five weeks.
The National Council
The Lodroe Tshogde (Royal Advisory Council) was established in 1965 by the third Druk Gyalpo 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 had nine members which includes six elected representatives of the clergy and one government nominee who usually became the Chairman of the Council. The Royal Advisory Council was dissolved in August 2007.
In the new dispensation of the state structure, the National Council is a Legislative body and also the House of Review on matters affecting the security and sovereignty of the country and the interests of the nation and the people. It is responsible for reviewing and commenting on legislative proposals, or bills and national policies, plans and programs being implemented by the government.
The National Council consists of 25 members formed by 20 members elected by the electorate of the 20 Dzongkhag and five eminent persons appointed by the king. The Chairperson and vice Chairperson are elected by the National Council from among its members.
The National Council members are not affiliated to any political party. The minimum qualification required to serve as a member is a formal Bechelors’ Degree or equivalent form a recognized University.
The National Assembly
The Gyalyong Tshogdu (National Assembly) was established in 1953 by the third Druk Gyalpo. It consisted of 150 members comprising 10 elected ministers, 10 representatives from the Dratshang (clergy), 106 elected representatives 0f the people including six Royal Advisory Councillors and 24 nominated representatives of the government. All the members served for a term of three years. The erstwhile National Assembly was dissolved in August 2006.
The newly formed National Assembly consists of 47 members elected by the people from the 47 constituencies in the country. The members serve a five- year term. The National Assembly’s main function is to enact, amend or repeal laws, and approve the national budget. It is also responsible for approving the Five- year Plans which are formulated by the government in consultation with the people through the Dzongkhag Tshogdu (District Council), Gewog Tshogdu (Country Committee) and Thromde Tshogde (Municipal Committee).
The National assembly also deliberates on issues that affect the security and well-being of the country, promotes the welfare and happiness of the people and advises the government on all matters of national importance. Decisions are passed by a simple majority. Any Bhutanese citizen above 25 years of age with a minimum qualification of a formal Bachelors’ Degree or equivalent from a recognized University can vie for the membership of the National Assembly. The speaker and Deputy Speaker are elected by the National Assembly from among its members.
Prime Minister
The country’s first democratically elected Prime Minister is Lyonchhen Jigmi Yoezer Thinley. He graduated with a Bachelors’ Degree from St. Stephen’s College in India. Later he obtained a Masters Degree in Public Administration from the Pennsylvania State University, USA. He began his career in 1974 as a Trainee Officer with the Ministry of Home Affairs. In a career spanning more than 30 years, he has served as Joint Secretary in the Ministry of Communications, Zonal Administrator in the six eastern Dzongkhags, Secretary of the Royal Civil Service Commission and Home and Culture Arrairs Permanent Representative of Bhutan to the UN in New York and Geneva.
He has also served as Minister of Foreign Affairs and Minister of Home and Cultural Affairs. From 1998 to 1999 and 2003 to 2004, he served as the Prime Minister. A recipient of several prestigious awards including the Druk Thuksey medal, he is the author of several publications. He was awarded the Red Scarf in 1987 and the Orange Scarf and the title of Lyonpo in 1998. Lyonchhen Jigmi Yoezer Thinley was elected from Nanong-Shumar Constituency in Pemagatshel.
Leader of the Opposition
The leader of the Opposition is Dochok Gothrip Tshering Tobgay. He graduated with a Bachelor of Science in Engineering from the University of Pittsburgh, Pennsylvania, USA. Later he obtained a Masters Degree in Public Administration from the Kennedy School of Government, Harvard University, USA.
He began his career as a Programmed Officer with the Technical and Vocational Section of the Department of Education in 1991. He has served as the Director of the National Technical Traning authority, Director of the Department of Human Resources before he resigned to join politics. He was the founding member of the Thimphu Youth Centre and Education Staff Welfare Scheme. He also served as the Board Member of Royal University of Bhutan, Council for Higher Education and Bhutan Board of Examinations.
Chairperson of the National Council
The Chairperson of the National Council is Thrizin Namg Penjore. He was elected by the National Council member from Punakha and was elected as the Chairperson of the Natopnal Council through a secret ballot on April 29, 2008. He graduated with a Bachelors Degree in Commerce from Sherubtse College, Bhutan and later obtained a Masters Degree in Business Administration from MP Birla Institute of Management Studies in Bangalore, India. He has worked as an Officer on special Duty for the Penden Cement Authority limited, Manager for the Tashi Group of Companies, and General Manager of the Forestry Development Corporation and Bhutan Power Corporation.
Vice Chairperson of the National Council
The Vice Chairperson of the national Council is Dasho Karma Ura. He graduated with a Bachelors’ Degree in PPE (politics, Philosophy, Economics) from Oxford University, UK and MPhil in Economics from University of Edinburgh, UK. He began his career as Agriculture Officer in the Planning Commission 1989 and rose to the position of Director for Sustainable Development, Planning Commission in 1993. Since 1999, he has been Director of the Centre for Bhutan Studies. During his 19 years of service in the government, he served as a member in various Committees and Board.
Speaker National Assembly
The speaker of the National Assembly is Tshokpoen Jigme Tshultrim. He graduated with a Bachelors’ Degree in Arts from St. Joseph College in Darjeeling, India, and underwent Post Graduate Studies in Public Administration at the University of Manchester, UK. He served the government of Bhutan for 32 years and held various senior positions such as the Managing Director of Tourism Corporation, District Administrator in Paro, Samtse, and Mongar,and the chief of Protocol in the Ministry of Foreign Affairs and Ambassador of Bhutan to Bangladesh. He was awarded the Red Scarf in 1997 by His Majesty the fourth Druk Gyalpo. Tshokpoen Jigme Tshultrim was elected from the Radhi- Sakteng Constituency in Trashigang.
Deputy Speaker National Assembly
The Deputy Speaker of the National Assembly is Tshokpoen Wongma Yangkhu Tshering Sherpa. He graduated with the Bachelors’ Degree in Dzongkha from Sherubtse College, Bhutan and served as a Dzongkha teacher for more than 15 years before he resigned to join politics. Tshogpoen Wongma Yanku Tshering Sherpa was elected from Kikhorthang Mendrelgang Constituency in Tsirang.
Honourable Ministers, Royal Government of Bhutan
The Minister of works and Human Settlement Lyonpo Yeshey Zimba is responsible for Department of Roads, Department of Urban Development and Engineering Services, Standard and Quality Control Authority and construction Development Board. He graduated with a Bachelors’ Degree from University of Wisconsin-Madison USA, and Masters’ Degree in Economics from the University of Wisconsin-Madison, USA. He has served as managing Director,Royal Monetary Authority, Finance Secretary, Finance Minister, Minister of Trade and Industry, and two terms as Prime Minister. He was conferred the Red Scarf in 1991 and the Orange Scarf in 1997. Lyonpo Yeshey Zimba was elected from South Thimphu- Throm Constituency in Thimphu.
The Minister of Economic Affairs
Lyonpo Khandu Wangchuk is responsible for Department of Energy, Department of Geology and Mines, Department of Industry, Department of Trade and Tourism Council of Bhutan. After graduating with a Bachelors’ Degree from St. Stephens College, New Delhi, India. He began his career as a trainee officer in 1974. Lyonpo Khandu Wangchuk served as a secretary for Royal Civil Service Commission and Agriculture, Deputy Minister of Agriculture, Minister of Trade and Industry and Minister of Foreign Affairs. He has been served two terms as Prime Minister in 2001 and in 2006. He was conferred the Red Scarf in 1987, the Orange Scarf in 1994. Lyonpo Khandu Wangchuk was elected from Lamgong-Wangchang Constituency in Paro.
The Minister of Finance
Lyonpo Wangdi Norbu is responsible for Department of National Budget, Department of National Properties, Department of Budget, Department of Public Accounts, Department of Revenue and Customs, and Directorate of Lottery. He graduated with a Bachelors’ Degree in Economics from University of Western Australia in 1976. He has taken specialized mid-term trainings in finance including programming and policies at Public Accounts and Audit in London, and the IMF in Washington DC. He was conferred the Red Scarf in 1998 and the Orange Scarf in 2003. Lyonpo Wangdi Norbu was elected as a National Assembly member from Bartsham-Shongphu Constituency in Trashigang.
The Minister of Foreign Affairs
Lyonpo Ugyen Tshering is responsible for the Department of Bilateral Affairs, Department of Multilateral Affairs, Department of Protocol and Bhutanese Missions and Embassies aboard. With a Bachelors’ Degree in Arts from the University of California at Berkeley, USA, he began his career in the Planning Commission in 1978. He has served as the Permanent Representative of Bhutan to the United Nations in New York, Foreign Secretary, Cabinet Secretary and Minister of Labour and Human Resources. He was conferred the Red Scarf in 1998 and the Orange Scarf in 2003. Lyonpo Ugyen Tshering was elected from North-Thim-Throm Constituency in Thimphu.
The Minister of Health
Lyonpo Zangley Dukpa is responsible for the Department of Public Health and Department of Medical Services. He has a Masters’ Degree in Education from Bristol University, UK. He began his career as a teacher and served as Principal of Sherubtse College in Kanglung, Deputy Director of Ministry of Education and as District Administrator of Chukha Vice- Chancellor of the Royal University of Bhutan. He was conferred the Red Scarf in February 1994. Lyonpo Zangley Dukpa was elected from Khar- yurung Constituency in Pemagatshel.
The Minister of Education
Lyonpo Thakur Singh Powdyel is responsible for the Department of Adult and Higher Education, Department of School Education and Department of Youth and Sports. He graduated with a Masters’ Degree in English from North Hills University in Shillong, India, and earned his PGCE from the Institute of Education, University of London, UK. He started his Career as a teacher and served as a lecture and Vice Principal of Sherubtse College in Kanglung and as Director of the Centre for Education Research. He was a visiting Professor to the Graduate School of Asia and African Studies at the Kyoto University in Japan. Lyonpo Thakur Singh Powdyel was elected from Dorokha- Tading Constituency in Samtse.
The Minister of Home and Cultural Affairs
Lyonpo Minjur Dorji is responsible for the Bureau of Law and orders, Department of Civil Registration and Census, Department of Culture, and Department of Immigration. With a Bachelors’ Degree in Commerce and Post Graduate Degree in Auditing, he started his career in 1986 as a Trainee Officer with the Royal Audit Authority. He has served as Assistant Auditor General and as District Administrator in Mongar and Trashigang. Lyonpo Minjur Dorji was elected from Kanglung-Samkhar-Udzorong Constituency in Trashigang.
The Minister of Information and Communications
Lyonpo Nandalal Rai is responsible for Bhutan Infocomm and Media Authority, Department of Civil Aviation, Department of information and Media, Department of Information Technology and Road Surface and Transport Authority. He graduated with a Bachelors’ Degree from National Defence Academy, Pune, India and Masters Degree in Science from the University of Madras, India. He joined as a Cadet Officer and was commissioned as a Second Lieutenant in Royal Bhutan Army (RBA) in 1976.He has worked in various capacities as Platoon and Company Commander, and as Chief Administerative Officers in the RBA. Lyonpo Nandalal Rai was elected from Shompangkha Constituency in Sarpang.
The Minister of Agriculture
Lyonpo Pema Gyamtsho is responsible for Council for Renewable Natural Resource (RNR) Research of Bhutan, Department of Agriculture, Department of Forestry Services, Department of Agriculture and Food Regulatory Authority, Department of Livestock, Druk seed Corporation, Food Corporation of Bhutan, Natural Resources Development Corporation Limited, and National Biodiversity Center. He has a Master Degree in Agriculture Science from New Zealand and Ph.D from the Swiss Federal Institute of Technology in Switzerland. He has worked in various fields such as rural development, planning, project management, and research both within and outside Bhutan. Lyonpo Pema Gyamtsho was elected from Chhoekhor-Tang Constituency in Bumthang.
The Minister of Labour and Human Resources
Lyonpo Dorji Wangdi is responsible for Department of Employment, Department of Human Resources, Department of Labour and Department of Occupational Standards. He graduated with Bachelors’ Degree in Commerce from Sherubtse College, Kanglung, Bhutan and later obtained a Masters’ Degree in Business Administration from Maastricht School of Management, Netherlands. He has worked for four years as assistant Planning Officer in the Ministry of Planning, two years as a Programme Officer in the Ministry of Finince and seven years as Deputy Cabinet Secretary in the Cabinet Secretariat. Lyonpo Dorji Wangdi was elected from Panbang Constituency in Zhemgang.
Local Government
There is local government in each of the 20 Dzongkhags or administrative districts, which oversees the grassroots development programme. Each Dzongkhag is divided into several Gewogs (county) while the larger Dzongkhag are divided into sub-districts called Dungkhag (Sub-division of a district), headed by a Dungpa (head of Sub- divisions).
The lowest level of administration is the Gewog which is made of Chiwogs (group of villages) There are 205 Gewogs and each is headed by a Gup (Head of a county) who is elected by the people. The Dzongkhags are under the charge of a Dzongda (district administrator) responsible for civil administration and development activities. Each Dzongdag is assisted by a Dzongrab (deputy district administrator) and various Sector officials who are responsible for Planning, development and Civil administration.
The local Government comprises of the Dzongkhag Tshogdu (District Council), Gewog Tshogde (County committee) and Thromde Tshogde (Municipal Committee ) which are supported by administrative machinery staffed by Civil Servents. The elections of the members of the local government are governed by the provisions of the Election Art of Bhutan.
The Dzongkhag Tshogdu is the highest decision-making body in the Dzongkhag and comprises the Gup and Mangmi(elected representative of the country, also the deputy Gup) as the two elected representatives from each Gewog, one elected representatives to represent the Dzongkhag Thromde and one elected representative to represent the Yenlag Thromdes(satellite towns).
The Gewog Tshogde is the highest decision- making body in the Gewog and it comprises the Gup and Mangmi, who are elected by the people and Tshogpa ( chiwog representatives) Both the Dzongkhag Tshogdu and Gewog Tshogde are not law making bodies and does not have legislative functions, while it may formulate rules and regulations consistent with national laws.
The Thromde Tshogde is headed by a Thrompon (municipal administrator), who is directly elected by the voters of the Dzongkhag Thromde. The Powers and functions of the Thrompon are defined by law passed by the Parliament.
The local governments are mandated to provide democratic and accountable government for local communities; ensure provision of services to communities in a sustainable manner and encourage the involvement of communities and community organizations in matters of local government.
The Programme of administrative and political decentralization has, since 1981, enhanced democratic powers, social responsibilities, transparent processes and decision- making at the grassroots level. It has created a development planning in which the needs and aspirations of local communities are expressed through their elected representatives.
Judicial Reforms
Institutional reforms include the appointment of efficient Drangpons, the abolition of the post of Thrimtsap (acting Drangkhag), establishment of Dungkhag Thrimkiduensa, and the conduct of a series of workshops, seminars and trainings. The annual National Judicial Conference was introduced in 1976, a separate judicial cadre was established in 1990 and the National Judicial Commission was established in 2003 under a Royal Decree. Financial and administrative powers have been decentralized from the High Court to the Lower Courts.
Under the Royal Command, the Civil and Criminal Procedure Code and the Penal Code, was drafted and enacted by the National Assembly in 2001 and 2004 respectively. These legislations effectively repealed sections from existing Acts dealing with procedural matters and imposition of Criminal Penalties. The general procedure enumerates the principles of law and its application, the structure of courts, jurisdiction, and powers and introduces the judicial process. The Civil procedure includes institution of suits, submission of application, plaints, petitions, pleadings, adjudication without proceedings, default judgment, capacity to sue and to be sued, class action suits, alternative dispute resolution, withdrawal and adjustment of suits. The criminal procedure lays down the safeguards as regards the due process of law, fair trial and the primacy of the rule of law.
The Penal Code of Bhutan
(2004) is a systematic collection of legal provisions laying down penalties for various kinds of offences or transgressions. In preparing the Penal Code the drafters in an effort to keep the essence of the Code ”Bhutanese in nature”, drew from the Dharmapada, existing laws (piecemeal legislations) and regulations and also from western jurisprudence, wherever necessary and appropriate. The Penal Code is therefore, in consonance with religion, tradition, international laws and also incorporates standards and concepts of modern social defense. Extra mural treatments like civil commitment in a hospital, psychiatric centers or other institutions for rehabilitative treatment; compensations to crimes, and value based sentencing and community service or conditional discharge on probation have been effectively covered in the Penal Code.
