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TheBhutaneseRoyal Court of Justice (Dzongkha: དཔལ་ལྡན་འབྲུག་པའི་དྲང་ཁྲིམས་ལྷན་སྡེ་;WylieDpal-ldan 'Brug-pai Drang-khrims Lhan-sde; Palden Drukpa Drangkhrim Lhende) is the government body which oversees thejudicial system of Bhutan. Senior Judges of the courts are appointed by themonarch. Bhutan's legal system is influenced byEnglish common law. The Royal Court of Justice is based in the capitalThimphu.
TheBhutanese justice system has always suffered from a lack of qualified officers with most of the office-holders being civil servants. Until the passing of the National Judicial Service Act of 2007,[1] Judges were still a part of the Bhutanese civil service.
In 2008, theConstitution of Bhutan codified the substantive and procedural framework of the Royal Court of Justice. Article 21 of the Constitution establishes a system of royal appointments for theHigh Court andSupreme Court, and sets forth the role of each level of administration.[2]
The Chief Justice, an appointee of theKing, sits for a five-year term and chairs the National Judicial Commission, a royal agency.[2] (Art. 21, §§ 4, 6, 17) The Chief Justice is to participate in several extrajudicial functions, including theRegency Council; presiding over joint sessions of theParliament of Bhutan forabdication procedures; and presiding over political impeachment proceedings.[2] (Art. 2, §§ 8, 23; Art. 32, § 3)
All Constitutionally appointed judges other than the Chief Justice serve ten-year terms.[2] (Art. 21, §§ 6, 13) There is, however, a mandatory retirement at age 65 for all Judges of the Supreme Court.[2] (Art. 21, § 6) The Chief Justice and the Drangpons of the High Court serve ten-year terms, or until mandatory retirement at age 60.[2] (Art. 21, § 13) No Constitutionally appointed judge may be re-appointed.[2] (Art. 31, § 4)
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