About the constitution

Kuensel is correct for being concerned that the 12 “dzongdags’ transfer flouts BCSR rule”. The newspaper is also correct for being concerned that RCSC rules may have been broken. And correct for pointing out that our government is “not above the law.”

But, as serious as Kuensel’s concerns already are, we should be even more seriously concerned. Why? Because our cabinet’s offense is not limited to breaking BCSR and RCSC rules. Instead, our cabinet may have knowingly broken the provisions of the Constitution of the Kingdom of Bhutan.

Article 2, Section 19(q) of our constitution states that “The Druk Gyalpo shall, by warrant under His hand and seal, appoint: … Dzongdags on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission.”

All 12 dzongdags who recently received transfers are qualified and experienced. And they probably make very good chief executives in the dzgonkhags. But, for democracy’s sake, respect the rule of law. Respect our constitution.

So the government should apologize for their transgressions; rescind the transfers of the 12 dzongdags; and follow due process to appoint the 12 dzongdags as enshrined in the Constitution of the Kingdom of Bhutan.

 

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  1. Kanchimatengteng says:

    People praised our constitution the world over. It is short, and effective, but comprehensive. But it is going the way of all documents written in Bhutan. We have all the world’s best legislation. But good implementation? Not even close.

    Where are the so-called constitutional bodies??? Violating the constitution is a greater crime against Bhutan and its people than a CEO swindling a few millions. But who is monitoring it? NOBODY!!! Where is the judiciary? We don’t hear a peep. Even the Election Commission should have an opinion and stand on the CDG. RCSC should have a stand on the Dzongdag transfers. Home Ministry should no longer be involved in appointing or transferring Dzongdags. It is not the same as a sector head for other ministries – a Dzongdag is the district CEO and therefore should qualify for a more inclusive appointment procedure. The Home Minister cannot wake up one Tuesday and say, “Today I am going to move around a few Dzongdags.”

    Is this democracy?? Why are people so afraid? And why is our constitution not respected? Where is the media? I mean “real voice?” Who will defend our constitution from fascist old school dictators? Shoeth… time to call upon my guardian deities again.

  2. Kanchimatengteng says:

    The danger with the Cabinet getting involved in this is they may appoint people who are sympathetic to their party thereby positioning their party at an advantage over others in the next election. For this reason alone, the nominations, transfers and selections have to be through the PCS or at least in accordance to the BCSR even if Dasho Bap is hand-in-glove with the ruling party. Merit is another reason.

    The Home Minister gives the usual “needs of the people” response. Really, the people “needed” these Dzongdags over others? How do you know? And what kind of an excuse is “since we have their service files”? Just hand them over to RCSC as you should – simple. Even, I could give a better reason! And why should the Home Ministry retain control over the Dzongdags?

    This does not bode well for a clean democracy. So who can object to this now. Our government just closes its ears and charges in making one unconstitutional decree after the other. Stop this madness! And please listen to the voice of the masses that voted you in the first time around.

  3. According to some opinions expressed here, we really don’t need a government. Let every one do what htey like the way they want.

    • According to deo :
      Let JYT and his government run the country the way they want to run with no regards to our constitution.

      And we the public cannot express our opinion.

      I LIKE HIS KIND OF DEMOCRACY

  4. tom joad says:

    well, there has been a lot of fuss about the appointment of the dzongdags. But the arguments that have been presented seem to look only into the BCSR.

    I think that it has been done as required by the constitution with HM giving the dhar and PM making recommendations via the RCSC

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