Beauties of fellowship and the Constitution of Royal Bhutan

Mohammad Shaiful Alam:

We, 28 fellow lawyers of the Supreme Court of Bangladesh just returned after having a sweet memory of visiting the Kingdom of Bhutan on 30.09.2019. Earlier, some of our learned friends took decision to visit Bhutan mainly to spend few days from our long vacation and to be well acquainted with the culture, natural beauties and long ancient history of Royal monarchy. Subsequently, they took decision to visit the Supreme Court of Bhutan and National Parliament House as well, so that we can learn about the existing legal system and the proceedings of National Parliament House (NH). Our learned Friend Mr. Ayan delivered few words about our visit and future planning. Accordingly, some of our learned friends requested me to join with them and I agreed.  By this time, they met with our Hon’ble Minister of Foreign Affairs and sought his kind help and proper guidance to make it possible.  Hon’ble Minister is a kind hearted personality; he noticed the gravity of the matter and informed the Hon’ble Ambassador of Bangladesh to pursue in this regard. Therefore, they organized a tremendously enjoyable and blissful schedule for our team.

We started our journey on 25.09.2019 by the National Carrier of Bhutan; DrukAir and reached on the same day at 2.05 PM. After landing, we were warmly greeted by one of the Consular of the Bangladesh Embassy Mr. Sahbab Hossain in the airport.

On the following evening at 2 PM; we went to visit the National Parliament House of Bhutan wherein, we were genuflected by the Director (who is also an MP) and sited at the conference hall of that NH. Thereafter, he made an outstanding presentation through a video projector regarding establishment of Royal Monarchy, practice of democracy and enactment of constitution in the year, 2008. In his long and enriched presentation, he categorically mentioned the history of their country in detail; that Bhutan is geographically situated in south Asia, having 700 thousand people with a distinct national identity based on Buddhism and it has never been colonialized. Thimphu is the capital of the country, it has been sifted from Phunakha in the year, 1926 when the country was reunited by Mr. Wangchuk the then King of Royal Bhutan. Before 1926, they were totally detached from other world and most astonishingly, they had no knowledge about World War 1 and 2. After reunion, the king consolidated the territory by uniting many fiefdoms and established a good relation with British Empire and Government of India as well. The Dragon King made his first footstep towards establishment of democracy in the country in the year, 1953 and started long discussion with each and every citizen of the country by asking them to give their valuable opinion and future plan personally regarding practice of democracy. He visited each district personally and received their opinion consciously. By this time, they started decentralization of their local government form village unit to sub-district and district like the existing panchayet pratha of India. Subsequently, in the year, 2001 they formed a Law Commission including the Hon’ble Chief Justice, senior most Judge of the Supreme Court, eminent citizens, Attorney General, chairman of the House of Commons and king’s representatives wherein the king was the chair, for designing a new constitution.  After having huge conversation on face to face basis with the King and considering more than 100 constitutions of the several countries, finally they have designed and adopted their constitution in the National Parliament House on 18.07.2008. They have declared Bhutan as a sovereign Kingdom and the sovereign power belong to the people of Bhutan, the form of Government shall be a democratic constitutional Monarchy. The parliament shall consist of the Druck Gyalpo (the king), National Council and National Assembly. The most interesting suitability of the Constitution is that no one shall be elected as MP without having graduation form a distinguish University as per election law. The constitutional posts like Chairman of ACC, Auditor General, Chairman of the Central Bank, Attorney General, Chairperson of Royal Service Commission, Heads of the Defence Forces, Cabinet secretary and Chief Election Commissioner are selected by the Law Commission and assented by the King of Royal Bhutan. We had auspicious exchange of views on this regard and finally, we visited National Assembly Hall and left the palace with huge satisfaction by giving a replica of a rickshaw to him.

On the next day i.e 27.09.2019, we were privileged to have a meeting with the Hon’ble Chief Justice of Royal Bhutan and good visitation of the Supreme Court of Royal Bhutan wherein, we were warmly received by the Registrar General at the doorstep of the said premises. Hon’ble officiating Chief Justice briefed us elaborately about the constitution, court proceedings both lower and higher judiciary, appointment of Justices in the Royal Court of Justice etc. At present, they have five more justices in the Supreme Court and 7 more justices (Drangpon) in the High Court Division. It was also briefed that usually they don’t sit for giving hearing in a case. After filing of a case, a distinguish judge has been assigned to go through the matter at his chamber and if he makes himself satisfied that there is sufficient grounds to consider and admit the matter, then it will be sent for hearing in a full bench and admitted for further elaborate hearing. The court proceedings are going on in English though the official language of the Nation is Dzongkha. From our side, I had been privileged to brief them about our constitution, judicial system and practice of democracy by giving enough time. At the end, a photograph of our father of the nation Bangabandhu Sheikh Mujibur Rahman was gifted to the Hon’ble CJ by our team as a symbol of friendship and he received the same emotionally. The fruitful deliberation of the Hon’ble Chief Justice gives us huge opportunity to learn about the beauties of the Constitution of Royal Bhutan as hereunder–

The constitution consists of 35 Articles, four schedules, oath or affirmation of secrecy and glossary. In preamble, it has been blessed by the triple Gem i.e the protection of guardian deities, the wisdom of the leaders of everlasting fortunes of pelden Drukpa and guidance of his Majesty the Druk Gyalpo.

• Article 1- Bhutan is a sovereign Kingdom and sovereign power belongs to the people of Bhutan;the form of Government shall be that of a democratic constitutional Monarchy;the national language is Dzongkha;the constitution is the supreme law of the land; the Supreme court shall be the guardian of the constitution and final authority on its interpretation; there shall be separation of the Executive, the legislature and the Judiciary and no encroachment of each other’s power is permissible except the extent provided by the this constitution.
• Article 2- His majesty Druk Gyalpo is the Head of State and the symbol of Unity of the Kingdom;Upon reaching the age of 65 years, the Druk Gyalpo shall step down and hand over the Throne to the crown prince or princess, provided the Royal Heir has come of age;the council of Regency shall collectively exercise the Royal prerogatives and the power vested in the Druk Gyalpo and shall be composed of-
• A senior member of the Royal family;
• The Prime Minister;
• The Chief Justice;
• The Speaker
• The chairperson of the National Council; and
• The leader of the opposition.
• Article 3- Buddhism is the spiritual heritage of Bhutan which promotes the principles and values of peace, non-violence, compassion and tolerance;the Druk Gyalpo is the protector of all religions in Bhutan.
• Article 4(1)- the state shall endeavor to preserve protect and promote the cultural heritage of the country;
• Article 5- Every Bhutanese are trustee of the Kingdom’s natural resources—
• Article 6(5)- if any citizen of Bhutan acquires the citizenship of foreign country, his or her citizenship shall be terminated.
• Article 7(1-23)- all the fundamental rights like –right to life, liberty, security, freedom of speech, information, right to freedom of thought, conscience and religion, right to freedom of press, vote, property, movement and right of equal pay of work of equal value are enshrined thereof.
• Article 9(5)- the state shall endeavor to provide justice through a fair, transparent and expeditious process.
• Article 10- there shall be a parliament for Bhutan in which all powers under this constitution are vested and which shall consist of the Druk Gyalpo, the National Council and the National Assembly; A person shall not be member of the National Council as well as National Assembly or a local Government at the same time; the immunities herein granted shall not cover corrupt acts committed by the members of in connection with the discharge of their duties or cover other acts of accepting money or any other valuables in consideration to speak or to vote in a particular manner.
• Article 11(1)- the national council shall consist of 25 members comprising –one member elected by the voters in each twenty Dzonkhas and five eminent persons nominated by the Druk Gyalpo; A candidate to or a member of national council shall not belong to any political party.
• Article 12(1)- the National Assembly shall have a maximum of 55 members elected from each Dzongkhes in proportion of its population—- directly elected by the voters.
• Article 15- Political parties shall ensure that national interests prevail over all other interests ad for this purpose, shall provide choices based on the values and aspirations of the people for responsible and good governance; Candidates and political parties shall not restore to regionalism, ethnicity and religion in incite voters for electoral gain.—- its membership is not based on region, sex, language, religion or social origin; Election to national assembly shall be by two political parties established through a primary round of election in which all registered political parties may participate; A political party shall be dissolved only by the declaration of the Supreme court—————————-
• Article 18(1) – the opposition party shall play a constructive role to ensure that the Government and the ruling party function in accordance with law——-;the opposition party shall aid and support the Government in times of external threat, natural calamities and such other national crises when the security and national interest of the country is at stake.
• Article 19(1)- whenever the national assembly is dissolved, the Druk Gyalpo shall appoint an interim Government for period of 90 days to enable the Election Commission to hold free and fair election-— Chief Advisor and other advisors are appointed by the Druk Gyalpo, the Chief Justice shall be appointed as Chief Advisor.
• Article 20(1)- the Government shall protect and strengthen the sovereignty of the Kingdom and provide good governance and ensure peace, security, well-being and happiness of the people.
• Article 21-The Judiciary shall safeguard, uphold, and administer Justice fairly and independently without fear, favor, or undue delay in accordance with the Rule of Law to inspire trust and confidence and to enhance access to Justice; The judicial authority of Bhutan shall be vested in the Royal Courts of Justice comprising the Supreme Court, the High Court, the Dzongkhag Court, the Dungkhag Court and such other Courts and Tribunals as may be established from time to time by the Druk Gyalpo on the recommendation of the National Judicial Commission; The Supreme Court shall be a court of record; The term of office of- Mandatory retirement age for judges;   a. The Chief Justice of Bhutan shall be five years or until attaining the age of sixty-five years, whichever is earlier; and • Supreme court term length   b. The Drangpons of the Supreme Court shall be ten years or until attaining the age of sixty-five years, whichever is earlier;The Druk Gyalpo shall appoint members of the National Judicial Commission by warrant under His hand and seal. The National Judicial Commission shall comprise:   a. The Chief Justice of Bhutan as Chairperson;   b. The senior most Drangpon of the Supreme Court;   c. The Chairperson of the Legislative Committee of the National Assembly; and • Legislative committees   d. The Attorney General.
• Article 23- Under this Constitution, the general will of the people shall be the basis of government and it shall be expressed through periodic elections; A person shall have the right to vote by direct adult suffrage through secret ballot at an election if the person is: a. A Bhutanese citizen;   b. Not less than eighteen years of age;   c. Registered in the civil registry of that constituency for not less than one year, d. Not otherwise disqualified from voting under any law in force in Bhutan; A candidate for an elective office under this Constitution shall- a. Be a Bhutanese citizen;   b. Be registered voter of that constituency;   c. Be a minimum of twenty-five years and maximum of sixty-five years of age at the time of filing the nomination; • Minimum age of head of government d. Not receive money or any assistance from foreign sources, e. Fulfill the necessary educational and other qualifications prescribed in the Electoral Laws; A person shall be disqualified as a candidate or a member holding an elective office under this Constitution, if the person-a. If married to a person who is not a citizen of Bhutan; b. Is terminated from Public Service;   c. Is convicted for any criminal offence and sentenced to imprisonment;   d. Is in arrears of taxes or other dues to the Government;   e. Has failed to lodge accounts of election expenses within the time and in the manner required by law without good reason or justification; f. Holds any office of profit under the Government, public companies or corporations as prescribed in the Electoral Laws; or  g. Is disqualified under any law made by Parliament.

Beside these, this constitution has separated Articles mentioning the functions of Election Commission, ACC, Royal Civil Service, Referendum, Defence and Impeachment etc. This constitution ensures free medical service and education for all its citizens. As a whole, this constitution has been adopted prioritizing the West-minister system and the national of body of the Royal Bhutan tried their level best to make it pro-people for ensuring justice to every citizen.

Thereafter, on that evening, we had a courtesy meeting with the Hon’ble Secretary (a very technically skilled diplomat) of SAARC Development Fund (SDF) Mr. Sunil Mitwal and his staffs in Thimphu wherein we discussed a lot and gathered huge knowledge regarding fund distribution of the said authority. SDF was established by the heads of the eight SAARC Member States in April 2010 with the aim to:

• Promote the welfare of the people of SAARC region;
• Improve their quality of life; and
• Accelerate economic growth, social progress and poverty alleviation in the region.

SDF have three windows to funding, which are Social, Economic and Infrastructure Windows. But one think, I realized most is that our country or the private organizations have very few information about this fund and its utilization. If we could able to prepare a good project and communicate with them then; we can use SDF for development of our country in both economic and social context. I think our entourages will try to make it more useful in the well-being of our nation based on their acquired knowledge and skill in future. The secretary of SDF has assured us that if any of our govt. or private organization able to make any effective project and share it with at least one the member state, then he will give his full support to implement it. We thanked him with replica of Boat. Mr. Nashid Reza an Assistant Director (Legal) of SDF will be in our memory for long time for his fraternize as a Bangladeshi national.

On the same day, a gala night followed by dinner was arranged by His Excellence Ambassador of Bangladesh Mr. Jishnu Roy Chowdhury in our honor at a traditional restaurant named Smile Bhutan. We enjoyed a primitive program performed by the Bhutanese artists including songs, traditional dances and recitation of poems etc. One of the Bhutanese singer sang two Bangali songs which touched us from heart deeply and form our side, learned friend Ms. Mow expressed our gratitude,  Ms. Tamanna sang a song and Ms. Kabita recited a poem very nicely. Finally after having dinner, we ended our official programs on that day. Our Hon’ble Ambassador and consular Mr. Sahbab Hossain deserve all appreciation for such wonderful arrangements and successful visitation in Bhutan.

After completion of 3 days official visit, we went to the ancient capital of Bhutan; Phunakha, where we had rafting in the Matha (mother) river on 28.09.2019 and enjoyed its natural beauties quietly. On the way of Phunakha, we visited Dhochalapa a wonderful religious heritage of Bhutan. After staying one night in Phunakha, we came back at Paru the only airport city of Bhutan. Our learned friends did bit shopping and visited one famous Zong (Fort) in Paru in the evening on 29.09.2019. And finally we returned to our beloved Bangladesh on 30.09.2019. We learnt and enjoyed a lot, really it was an awesome visitation in Bhutan!

The writer is an Assistant Attorney General of Bangladesh. Email- advocate.saifu@yahoo.com