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Thegovernment of Bhutan has been aconstitutional monarchy since 18 July 2008. TheKing of Bhutan is thehead of state. Theexecutive power is exercised by theLhengye Zhungtshog, or council of ministers, headed by thePrime Minister.Legislative power is vested in the bicameralParliament, both the upper house,National Council, and the lower house,National Assembly. A royal edict issued on April 22, 2007 lifted the previous ban onpolitical parties in anticipation of the National Assembly elections in the following year.[1] In 2008, Bhutan adopted its first modernConstitution, codifying the institutions of government and the legal framework for a democraticmulti-party system.
TheEconomist Intelligence Unit rated Bhutan a "hybrid regime" in 2023.[2]
Bhutanese external relations and foreign policies were put under British control following the 1910Treaty of Punakha. However, due to the policy of self-imposed isolationism, the effect of the treaty was limited to an extent.[3] AfterIndian independence in 1949, Bhutan and India agreed to a ten-article, perpetual treaty which effectively continued the relationship, but with India replacing the United Kingdom. India agreed not to interfere in Bhutan's internal relations, while Bhutan agreed "to be guided by the advice of the Government of India in regard to its external relations" (Article 2). The treaty also established free trade and full extradition between the two countries.[4]
In February 2007, the Indo-Bhutan Friendship Treaty was substantially revised with all references to phrases such as "will be guided" deleted, thus eliminating the last lingering doubts about thesovereign and independent status of Bhutan.[5]
TheConstitution of Bhutan provides for a government consisting of three main branches – executive, legislative, and judicial – plus the de facto apoliticalDratshang Lhentshog (Monastic Affairs Commission) of theDrukpa Kagyu state religion. Thesecular and religious branches of government are unified in the person of theDruk Gyalpo (King of Bhutan).[6]
The trichotomy of secular government is not absolute. There are many independent commissions, agencies, and institutions that operate outside this general framework, such as theRoyal Monetary Authority and Election Commission. There are also agencies whose members are drawn from more than one branch of government, such as the Judicial Commission. In addition, there are several ministries within thecabinet executive branch, such as theMinistry of Home and Cultural Affairs, which in turn delegate powers to subsidiary departments according tolegislation by the legislative branch.[6] The legislative branch itself oversees devolvedlocal governments.[7]
| Office | Name | Party | Since |
|---|---|---|---|
| King | Jigme Khesar Namgyel Wangchuck | 9 December 2006 | |
| Prime Minister | Tshering Tobgay | People's Democratic Party | 10 January 2024 |
Bhutan'shead of state is theDruk Gyalpo ("Dragon King"). Although his title is hereditary, he must retire by age 65, and he can be removed by a two-thirds majority vote by theparliament followed by a national referendum, which must pass by a simple majority in all twenty districts of the country.[6] Prior to 2008, a similar abdication process existed under which theunicameral National Assembly, orTshogdu could force the king to abdicate.
TheJe Khenpo is the highest religious official ofBhutan and head of theDratshang Lhentshog (Monastic Affairs Commission).[6] He is typically viewed as the closest and most powerful advisor to theKing of Bhutan. The 70th and present Je Khenpo isJigme Chhoeda.
Bhutan'shead of government is itsPrime Minister. The Prime Minister is nominated by the party that wins the most seats in theNational Assembly and heads the executive cabinet, called theLhengye Zhungtshog (Council of Ministers).
In 1998, the monarch'sexecutive powers were transferred to the Council of Ministers, orLhengye Zhungtshog (cabinet). At the time, candidates for the Council of Ministers were elected by the National Assembly for a fixed five-year term and had to be a part of the legislative assembly. The cabinet was headed by thePrime Minister, who was thehead of government. The post of Prime Minister rotated each year between the five candidates who secured the highest number of votes. The 2005 draftConstitution of Bhutan included provision for a two-party democratic system that was unveiled after four years of preparation.[8] Previously, the candidates to the cabinet Council of Ministers (Lhengye Zhungtshog) were nominated by the monarch, elected by the National Assembly. The members served fixed, five-year terms. There was also a Royal Advisory Council (Lodoi Tsokde), members nominated by the monarch.
Bhutan elects its legislative branch throughuniversal suffrage under theConstitution of 2008. TheBhutanese parliament is bicameral, consisting of aNational Council (upper house) and aNational Assembly (lower house).
Prior to 2008, the legislative branch was the unicameralTshogdu. TheTshogdu had 150 members, 106 members elected at various dates for a three-year term in single-seatconstituencies, 34 appointed members and 10 representatives of the monastic body.Suffrage in Bhutan at that time was unique in that each family unit, rather than individual, had one vote.
In Bhutan,political parties,elections, and referendums are overseen by the Election Commission, an independent government regulatory agency.[6][9]
Candidates for most elections and appointments in Bhutan must be non-partisan; however, political parties may slate candidates for seats in theNational Assembly. The party that wins the most seats nominates thePrime Minister.[6] The first Prime Minister,Jigme Thinley, was a member of theBhutan Peace and Prosperity Party. The second Prime Minister, Tshering Tobgay, heads the People's Democratic Party. The current Prime Minister, Dr. Lotay Tshering, heads the Druk Nyamrup Tshongpa.
Political pressure groups include the Buddhist clergy; ethnic Nepalese organizations leading militant anti-government campaign; Indian merchant community and the exiled United Front for Democracy.
Bhutan's legal system is based on codes established byZhabdrung Ngawang Namgyal in 17th century and influenced by Anglo-Indiancommon law. Under theConstitution of 2008, the Judicial branch consists of theSupreme Court, theHigh Court, and twentyDzongkhag Courts. For thirteendungkhag jurisdictions in sixDzongkhags,Dungkhag Courts are the courts of first instance. In all jurisdictions outsidedungkhags, the Dzongkhag Courts are the civil and criminal courts of first instance. The High Court is the first court of appeal, and the Supreme Court is the court of final appeal. The Supreme Court also hasoriginal jurisdiction over Constitutional questions and matters of national importance referred by theKing. Judges of the Supreme and High courts are appointed by the King, and consists of one Chief Justice and four Drangpons (Associate Justices).[6]
Before 2008 in the Bhutanesejudicial system, the monarch was the finalcourt of appeal (the "Supreme Court of Appeal"), and local government officials adjudicated minor crimes.[10] TheRoyal High Court of Bhutan was the highest court in the country and hadoriginal jurisdiction over the twenty districts of the nation. Judicial appointments were made by the monarch, and could be recalled by him at any time.
The criminal justice system is based on trial before a panel of judges, and therefore resembles more the Napoleonic than the British or American adversarial systems. The prosecutor, a government employee, seeks to obtain anacknowledgement of culpability from the accused. If this happens quickly, the sentencing may be lenient. If culpability is obvious but the accused refuses to admit to it, the sentence may be correspondingly severe. Judges may dismiss the case for lack of proof at any time. Recentlegislation defines required proof of guilt more closely, providing increased protection against trivial or mistaken charges. Minor criminal offences may be tried by thedzongkhag Drangpon (District Judge).
Bhutan has not accepted compulsoryInternational Court of Justicejurisdiction.
Bhutan is divided in 20 districts (dzongkhag, singular and plural);Bumthang,Chukha,Dagana,Gasa,Ha,Lhuntse,Mongar,Paro,Pemagatshel,Punakha,Samdrup Jongkhar,Samtse,Sarpang,Thimphu,Trashirang,Trashiyangtse,Trongsa,Tsirang,Wangdue Phodrang, andZhemgang.
Bhutan is member of theAsDB,BIMSTEC,CP,ESCAP,FAO,G-77,IBRD,ICAO,IDA,IFAD,IFC,IMF,Intelsat,Interpol,IOC,ITU,NAM,OPCW,SAARC,UN,UNCTAD,UNESCO,UNIDO,UPU,WHO,WIPO,WMO,WToO.
This article incorporates text from this source, which is in thepublic domain. Robert L. Worden (September 1991). Andrea Matles Savada (ed.).Bhutan: A Country Study.Federal Research Division. Legal System.
