Yesterday, I called on our Minister of Finance. I met him to personally explain why the opposition feels that the Constituency Grant (CDG) is unconstitutional. In particular, I advised him that the CDG may violate the following provisions of our constitution.
Article 1.13: There shall be separation of the Executive, the Legislature and the Judiciary and no encroachment of each other’s powers is permissible except to the extent provided for by this Constitution.
The CDG, as proposed, require MPs (members of the legislature) to be involved in proposing, approving and monitoring projects in the gewogs. That is, the legislature will be carrying out executive functions. And this is unconstitutional.
Article 10.2: Parliament shall ensure that the Government safeguards the interests of the nation and fulfils the aspirations of the people through public review of policies and issues, Bills and other legislations, and scrutiny of State functions.
The CDG would require Members of Parliament to handle executive powers and responsibilities that go beyond the functions of the Parliament as described in this article.
Article 20.2: The Executive Power shall be vested in the Lhengye Zhungtshog which shall consist of the Ministers headed by the Prime Minister …
The CDG allows MPs to exercise executive powers thereby infringing on the powers of the Cabinet.
Article 22.1: Power and authority shall be decentralilzed and devolved to elected Local Governments to facilitate the direct participation of the people in the development and management of their own social, economic and environmental well-being.
The CDG provides MPs with considerable authority over funds meant for the development of gewogs. So the CDG infringes on the powers of the Local Governments. And it undermines the Local Governments.
Based on these arguments, I’m hopeful that our government will reconsider its approval of the CDG, and allow local governments full power and authority over these funds.
Posted by Tshering Tobgay in
Legislature on May 20, 2009 10:05 am |
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