Dasho Damcho on LG

In session

“Where is Dasho Damcho la …” enquired Sonam_t commenting on my open letter to the Dasho Dzongdags. “Where is honourable Damcho?” echoed Tangba.

Dasho Damcho’s recent response to their queries follows:

Dear Sonam_t and Tangba,

Thanks for your concern. I am still sticking around but like to keep a low profile. The issue that Hon’ble OL has raised was discussed with me and was discussed several times in the preceding NA Sessions as well. Unfortunately, most people are not aware of it because of absence of live telecast and the papers were not interested in covering these issues in depth! The issue first started with the complaints by the people of Wamrong when the DPT party workers attended a DYT meeting in Wamrong Dungkhag claiming direct orders to do so by the PM, that allegedly resulted in the decision to change the course of a feeder road that was already started.

The Opposition has made its stand very clear on the non-involvement of party workers in GYT and DYT meetings. It was the intention of the Constitution to have an independent LG. Despite that, the Government seems to be bent on involving Party Workers in GYT & DYT meetings, which I strongly feel that it undermines the independence of the LGs. It is for the same reason why even Dzongdas are not permitted to vote in DYT meetings.

My argument is that when it comes to permitting any person to attend a GYT or DYT meeting either as observer or expert, it should be left entirely at the discretion of the Chairman of the DYT or GYT as per the LG ACT. Now that the PM himself has mandated that party workers should be involved in these meetings, I do not understand how they can be involved without compromising on the independence of the LG, and the worst part is that it becomes obligatory on the part of the Chairmen to abide by it, howsoever mild the PMs words are crafted. And it is not just the issue of attending meetings but from the Press release, it is also about involving them in all developmental activities.

Anyway, thanks for remembering me once in a while.

 

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Comments

  1. Thank you for not only reading our comments but also genuinely responding to them given your busy schedule. I have no doubt that the two committed politicians will closely work together for the welfare of the present and future Bhutanese. Your upfront response is simply a reaffirmation.

    Bhutanese are the fulcrum of Bhutan’s parliamentary democracy. No Bhutanese, no Bhutan’s democracy. Democracy rests on the four pillars of which the most important one is “the press.” Our constitution guarantees freedom of press. Now Bhutanese cannot observe parliament session from any parts of the country. Therefore, the unilateral decision to black-out live telecast in my view is anti-constitutional. It is anti-parliamentary democracy. It is anti-freedom of press. Since it is fundamentally against the fundamental institution of democracy, can’t we invoke some clause from the constitution or right to information act and reintroduce it? By the way, update us on the right to information act.

    Our papers are like high schools newsletters. They update us on regular plain ceremonial activities of the government only. They’re also capable of glorifying some persons and misinforming us. The only broadcast media we have is like a bankrupt entertainment company. They keep playing the same old songs over and over. Critical issues hardly surface in our media. In-depth studies are rarely carried out when they seldom do. Of late we as readers sense stricter censorship on important issues and lavish lauding of the government performance.

    The ruling government doesn’t want rest of the Bhutanese to observe their representatives discussing their developmental issues via electronic media but on the other hand they want their party workers to interfere in local governance. How preposterous!!!

    People can’t observe parliament via TV and now they want their supporters to take part in it. how preposterous!

  2. Who do we turn to then? Supreme Court? Wait until next election gives us bigger Opposition? To me atleast, the opposition seem to be playing games by the rules and often the government of the day seem to be bending it to suit their interest. God! The ‘majority’ at times could be that undesirable, particularly when not-so-experienced MPs raise their hands to indicate their group conformity. And this is costing us a big deal.

  3. Thank you very much,Dasho Damcho.It’s good to know that you are still alive and breathing hard. Well,now since you are here and you have got a formal law education, we would like to know your opinion on the following issue.
    I think this government has shattered its legitimacy to govern this nation when it passed the CDG Bill which, as we know,is unconstitutional.This government is now not a legally justified government and it has no right to rule this country.It has breached our Constitution in more than one ways. The National Council has objected to this bill stating the same reasons. The Election Commissioner has clearly stated that CDG is unconstitutional and he openly criticized it in our medias. Now, as you know it better, Section 10 of Article 15 of our Constitution states that “a political party shall stand dissolved:
    (a)by declaration of the Supreme Court, if the objectives or activities of the party are in contravention of the provisions of
    this Constitution;
    (b)If it has received money or assistance from foreign sources or has acted against
    the security, unity and integrity of Bhutan;
    (c)On declaration by the Supreme Court on such other grounds as may be prescribed by Parliament or under a law in force; or
    (d) On violation of the Election
    Act”.
    I think this government and,therefore the DPT party, must stand dissolved for they have apparently violated subsection(a)and (d)of this article and therefore contravened our Constitution. The power to rule violation of subsection(a) is entirely on the Supreme Court as it is explicitly mentioned in the subsection(a but the Election Commissioner has clearly stated it violated section(d)as well.
    Now my questions are:
    1. What is your opinion on this?
    2. Will you “flexibly interpret our Constitution” as our PM said and is doing
    to suit your own purposes or, will you interpret it as it is meant to be?
    3. And finally, are you willing to
    “solemnly swear/affirm that you shall bear true faith and allegiance to the Constitution of Bhutan” and, protect and defend it at ALL TIMES AND AT ANY COSTS?

  4. Dasho Damcho,

    It’s really nice to have you join this blog. Until you have your own blog, please post in this blog on a regular basis.

    Most important, please post your views on Tangba’s post above ASAP.

  5. Till 2008, as an ordinary and a humble person, I lived my life quite peacefully knowing that as long as I follow the rules and live an honest life and worked hard, my Kings will always be there to protect me.

    Now with democracy, it is the only “Constitution” that can protect and guarantee us our personal freedom and rights. That’s why, in all my posts, I have maintained that first and foremost and above all, we must protect our Constitution.

    If you care for your personal freedom and rights as citizens of this nation, if you don’t want our beloved country to become a lawless state, if you want democracy to succeed, if you want Bhutan to remain a peaceful country, if you want your children to have equal opportunity and equal justice and protection under law, we have to make sure that nobody messes with our Constitution. If we allow the present government to tamper with the Constitution and let them bend rules and laws as they wish, soon we’ll be living our lives in constant fear of our own government. For example, if a person in power or his or her relatives and friends don’t like you, using their influence and power, they’ll be able to easily destroy your life and your career. They may even take away your life and no one would dare ask them any questions. Your sisters and daughters will get raped and killed, and you won’t be able to do anything about it. We all know that such things happen in failed democracies all over the world. So let’s protect our Constitution and not walk that path. We can do better and we can stop this government from messing up our Constitution and our future.

    Nobody is above law – not even the PM and his MPs!!!

  6. Karma 1, I agree with you 100%.

  7. But remember what DTP MPs have openly said few sessions ago.MP Tshering Penjor, I forgot the exact date; “Even the Constitution could be interpreted and amended to suit the needs of the country.” But who defines the needs of the country?. DPT Manifesto or MPs including PM and Ministers’ flawed ideas?

    Hilarius!

  8. Pema Tenzy says:

    I agee with karma1 that rule of law is the most important thing for democracy to succeed. This government has done things to suit themselves and now my biggest fear is the judiciary as the custodian of our constitution.

  9. I find it absolutely ridiculous that the OL and his supporters keep on quoting the constitution whenever it suits them, yet when so many other things have been done without abiding by the constitution, not even a whimper is heard. A case in point is the very recent appointment of Dasho RG as one of the justices of the supreme court. I can still recall when the OL had made so much fuss about two of the DPTs party workers being appointed to work in the PMS office.

    At the end of the day what we want from you is just a bit of consistency.

    • @guardian Yes, we must be guided by the Constitution in every thing we do. This is especially important during the early stages of our democracy when precedents are set.

      Article 18 of the Constitution describes the roles and responsibilities of the opposition party. Read it. You’ll find that the opposition party’s main responsibility is to “play a constructive role to ensure that the Government and the ruling party function in accordance with the provisions of this Constitution, provide good governance and strive to promote the national interest and fulfill the aspiration of the people.”

      In addition, Article 18 requires the opposition party to “promote and engage in constructive and constructive debate in Parliament while providing healthy and dignified opposition to the Government.” Also that the opposition party’s “aim must be to make the Government responsible, accountable and transparent.”

      The opposition party will closely follow and fully support the development of a robust judiciary – a judiciary that is capable of safeguarding, upholding and administering justice fairly and independently without fear, favour or undue delay. But our primary responsibility is not to provide checks against the judiciary. The Constitution has other mechanisms for that. And we, as the opposition party, will abide by them.

  10. Guardian, you may be right. We may be ignorant about that piece of news you are telling us. It is not possible for anyone to know everything and that is why it is the duty and responsibility of ALL the people of Bhutan and, anyone who wants to see that there is ONE LAW IN ONE COUNTRY, AND JUSTICE IS SERVED TO ALL THE PEOPLE IRRESPECTIVE OF THEIR SOCIAL STANDING, CONNECTIONS AND BACKGROUNDS. We all must act as the eyes, ears and nose of what is going around us in our homeland, expose and criticize what is wrong. It is everyone’s duty. That said, now Guardian, please elaborate why do you think Dasho RG is not suitable for the SC Justice? Please tell us what you know, heard and what you think about him and, if you can, justify your opinions as well. We will read and see if what you are complaining contains any substance and we will show you how consistent we are. We are not on anyone’s side. This is our motherland and that is all that counts. It is not yours. It is not mine. It is not his. It is not hers. It is “”OURS”" and that is the most important thing.
    We are waiting to hear from you ASAP.

  11. Damcho Dorji, Gasa MP. says:

    Response to Sonam_t

    “Since it is fundamentally against the fundamental institution of democracy, can’t we invoke some clause from the constitution or right to information act and reintroduce it? By the way, update us on the right to information act.”

    I have been told that the Right to Information Act is being drafted but only God knows when it will be enacted! However, it is a very important piece of law in a democracy. The Constitution does provide for this right but normally there should be a specific law.

    As for live telecast of NA proceedings, it is sad that our people do not get to see it. It is indeed a big blow to democracy not because we get to critise our reps in the House but because people have a lot of stake in what we decide within those four walls. Legally, the decision whether or not to allow live telecast of NA proceedings lies with the Hon’ble Speaker. However, he has left it to the Members who (except the Opposition) deemed it better to draw the curtain on for reasons I still fail to understand!

    Response to Tangba

    “Now my questions are:
    1. What is your opinion on this?
    2. Will you “flexibly interpret our Constitution” as our PM said and is doing
    to suit your own purposes or, will you interpret it as it is meant to be?
    3. And finally, are you willing to “solemnly swear/affirm that you shall bear true faith and allegiance to the Constitution of Bhutan” and, protect and defend it at ALL TIMES AND AT ANY COSTS?”

    Question 1.
    Tangba, I have consistently maintained that CDG violates not only the Constitution but the LG Act for the reason that it is against the principle of autonomy of the LGs. We can give hundred arguments for and against whether or not CDG is constitutional. But it is the Government’s intention for introducing this CDG that has caused all these controversies. If our Dzongdags and Gups were able to do thus far without the signature of the Hon’ble MPs, I do not see any reason to be skeptical of them now!

    Question 2
    I will neither say “Yes” nor say “No” to your question because legally it is like asking a doctor, “If somebody is sick, what medicine will you give?”

    Question 3
    Actually, all of us have already done that, Sir. May be we MPs look and act like we have not done it yet. So its not your fault!

    Yes, I will “solemnly swear/affirm that I shall bear true faith and allegiance to the Constitution of Bhutan” and, protect and defend it at ALL TIMES AND AT ANY COSTS?” on the condition that you give me a mantra on how to do it against 45 Honorables???

    Thanks everybody.

    Damcho

  12. Dasho Damcho,
    Thank you very much for sparing some of your invaluable time with us here. I just want to comment a few things about your answers to my questions.
    You did not answer my first question at all. I don’t know whether you really did not understand my question or you just tried to stray away from the issue we are talking about. I did not ask you whether the CDG is unconstitutional or not. There is no doubt about it. It is not constitutional. In fact, I asked you whether or not the DPT and therefore the government must be dissolved according to the provisions in the section 10 of Article 15 of our Constitution? I asked you whether this government is legally justified to rule this country when it has openly violated our Constitution or not.
    Your answer to my second question is“yes” and “no”.I am surprised to hear that because a Constitution must be interpreted as it is meant to be at all times and in all kinds of situations except in a state of emergency, war and martial law. The Constitution can also be amended only in the interest of the nation at large and not in the interest of a few people. The main cause of all the prolonged riots in the recent Thailand is because some politicians in power misinterpreted their Constitution to benefit themselves. You know, the root cause of all kinds of social injustices in our country is due to this tendency of “flexible interpretation” of our rules, regulations,and our laws. I know you were a “drangpon”. A man committed a cold blooded murder and he is convicted of his crime as well. Will your interpretation of the law differ if the criminal is your nephew or a stranger? Yes and no? When someone is sick, the doctor will definitely give the patient the “right” medicine. The doctor will never give the “wrong” medicine even if he has no choice at all. If he does, that is malpractice. There is no “yes” and “no” in medicine. If they can not help, they must do no harm. That is the Hippocratic Oath that all doctors must take it to their hearts.
    Same should be for our politicians. If you can not follow the law, do not break it. If you can not abide by our Constitution, at least do not violate it. Do not ever misinterpret it. There are one thousand and one ways to do things without violating the Constitution. There are one hundred and one ways to do things as per the law. It is absolutely absurd to do things disregarding our laws and desecrate our Constitution. It shows how wretched and amateurish the present government is under the leadership of the PM in spite of having all the means and resources at their disposals but choose to do things that undermines our laws and violates our Constitution. Pathetic.
    The main difference between the developed countries and the developing third world countries like ours is not that the developed countries have better laws than us but they apply their laws uniformly and most effectively than us; not that they have a better Constitution than us but they earnestly respect and abide by their Constitution more than us. If we do not check these damaging tendencies, our laws will remain like a toothless dog and our Constitution will not be worth the toilet papers. There is no use of any Constitution in a democratic country if nobody cares about it. Sooner or later, lawlessness will prevail and the nation will become a failed state. We do not want that to happen to our country. Your answer reflects how precarious our nation is at this point of time because even you seem to prefer interpreting our Constitution conditionally and not as it is meant to be, the same principles that this government is operating on, basically interpreting our Constitution and all our laws to advantage their own situations and circumstances. If nothing is done and can be done about it, this will set precedence to many other things in our country now and in the future and this will prove to be very detrimental to our country in the long run.
    The two of you, the Opposition, must file a lawsuit immediately when the Supreme Court is established seeking its judgment about this CDG. If the SC pronounces that this CDG is unconstitutional, this government must be dissolved instantly. The DPT party will have to be dissolved automatically. New parties will form. New elections will be held and new leaders will come, at least, I am definite, there will be a fair representation of the government and opposition in the parliament. At least our leaders will not dare to violate our Constitution and make fun of it openly. Our people have learnt the lesson fast and well enough. I know the cost will be heavy for our infant democracy to dissolve this government but we can not compromise righteousness at all costs.Our Constitution must prevail and the rule of law must never be negotiated no matter who is the government.
    Your answer to my third question reminds me of the various mantras that our people chant without even knowing what it really means. No surprise.
    **The Roots of Violence**
    Wealth without work,
    Pleasure without conscience,
    Knowledge without character,
    Commerce without morality,
    Science without humanity,
    Worship without sacrifice,
    Politics without principles.
    (MK Gandhi)
    KA DRIN CHE LA.
    PALDEN DRUKPA LHA GYAL LO.

  13. Dasho Damcho-la,
    My English is limited, so I may have understood or interpreted it differently, but after going through your last comment, I don’t think we are going to see any extraordinary performances from your side. I know you meant it rhetorically, but I honestly did not like the part where you ask for the mantra to combat against 45 honorables:))

  14. Dorji Drolo says:

    I found the answers given by MP Damcho very artificial despite of the the very relevant questions posed by Tangba. It shows how a persons character is no matter what he speaks. Being a qualified judge and the only opposition MP besides the OL, people in these forum and other readers expected straight forward and realistic answers, but all in dismay without having answered one question with dignity and substance.

  15. Interesting discussion. But we must all remember that we are listening to the POLITICIANS. I very much appreciate that all Bhutanese are serious about the Constitution and I think that should be the spirit. Someone have mentioned about the Rule of Law and The Guadian of The Constitution and the Honble OL has mentioned that he is going to support for a robust Judiciary. It is very encouraging because ultimately all of us must se the face of the Court, if our rights are violated or if anybody does anything that is against the Constitution.

    Well, Well…Should We ask Dasho Damcho about the condition of our Judiciary. Are we giving much importance to this Institution? How was our Judiciary in the Past, how is it now and What will it be like in the Future?

    Dasho Damcho is the best Judge to enlighten us about The Temple of Justice. And yes, we all must strive to make the Judiciary stronger enough to protect our rights.

  16. Dear Guardian:

    As you know, the Supreme Court is the ultimate authority as far as the interpretation of the Constitution is concerned. With regard to Dasho RG, the matter is within the Supreme Court and he has been vetted and nominated by the concerned judiciary council. Therefore, as the matter has already reached the highest level (SC), I don’t know if there is anything we can say or do about it. Similarly, if the SC decides that the CDG is constitutional, we have to accept the SC verdict and there will be no further discussion. This is my candid, personal thought.

  17. Damcho Dorji, Gasa MP. says:

    Thanks guys for all the comments. I really appreciate them.

    Rajneesh Osho once said, “People ask questions because they have ready-made answers.” So I do not think I need to answer your questions. Rather, I would like to read your answers.

  18. Dasho Damcho,
    We just realised you are a lawyer by proffession who is currently a politician by occupation. We learnt a lot about you and your insights from your answers above.
    Thank you, la.

  19. Dorji Drolo says:

    I heard Dasho Damcho is only good in speaking but not in practical. It is believed that he has not done anything significant to the people of Gasa & Laya who have voted him with lots of hope. His answers in the forum displays what he is.

    all the best and all the best to Hon’ble OL for your single handed effort.

  20. guardian says:

    As far as I am concerned, the appointment of Dasho RG as a justice of the supreme court was not in line with our constitution as he has neither the qualification nor the moral ethics to be given such an important post. The character of any person appointed as a justice of the supreme court needs to be above reproach, sadly in his case, there seem to be serious character flaws which doe’s not bode well for our highest court of appeal.

    The response I got from the OL and the OLs proxy Tangba was a big disappointment to say the least. As usual, they chose to just give vague responses, I just wanted to know as to why they were not making a fuss about such a huge issue when they keep on referring to the constitution when the DPT government does things which in their eyes are not permitted as per the constitution.

  21. Dasho Damcho,
    It is funny you used words of Rajneesh Osho,who I think is nothing more than a charlatan. And I am sure many people will agree with me.

    Your quoting of Osho’s words literally made me curious and know more about you. I did some googling,and landed up in PDP website. You are a highly educated man,but I am surprised that you see wisdom in the words of Ragneesh Osho. Anyway,what do I know,I am just a half educated man.

  22. To guardian: Honestly,fairly and openly, we were hoping to see some credible arguments from your side as to why you think Dasho RG is not fit to be a SC Judge. I don’t know him and most of us here may not know him too. We were all very eagerly waiting for you to enlighten us about the flaws in Dasho RG or the problems in his appointment to the Supreme Court that we may not be aware of but you let us all down.Everything you wrote is all “as far as I am concerned” without any solidly validated facts. There is no substance at all and it is purely baseless. I don’t know if you are a mentally deficient person or someone who lacks the skills to express your reasons, but my friend, you know, telling the truth requires nothing more than just telling it. It’s so simple. Just tell it. Otherwise, your genuine reasons will be obscured in the vaguness of your words and will be considered nonsensical and a bullshit.

  23. guardian says:

    Tangba,

    He does not even have a degree in law, is that enough for you or do you think it is perfectly ok, I thought you were fully conversant with the constitution to know that for someone to appointed the minimum qualification required was a law degree.

  24. umm..interesting..no law degree and yet a SC Judge. I think more than questioning Dasho UG for his selection as SC Judge,we should question those who selected him as SC Judge,because the constitution does say that the minimum qualification of the SC Judge should be degree in law. They must have seen something in him to select him as SC Judge even at the cost of circumventing the terms in our sacred constitution.

    By the way,I don’t know anything about Dasho UG-his qualification,his achievements,his moral backgrounds etc. I am just assuming from the comment above by Guardian,that he does not have law degree which is the prerequisite for a SC Judge. And I know assuming anything is B..A..D..

    Could anyone tell me about Dasho UG and his backgrounds? I would appriciate it,and this would also help many readers like me to know more about one of the important men of our country.

  25. To guardian:
    First let me make this clear to you. I have nothing to lose or gain by protecting Dasho RG.I am just doing my job as a citizen of Bhutan according to section 11 of article 8 of our Constitution.I don’t know if I am wasting my time arguing with you but I still believe you are not an idiot.I will give you another chance to prove that you are a sensible man of reasons and education.I have two questions for you. Answer my two questions and let the people here judge if you are an idiot or not.
    1.State the section and the article in our Constitution that says a Supreme Court drangpon “must have” a degree in law? I don’t see any such article in our Constitution. The Constitution only says that the Supreme Court judges will be appointed “from among the Drangpons of the High Court or from among eminent jurists”. Now you can not be a drangpon without a degree in law, that’s right, but any sensibly reasonable man or woman who is well versed in the legal affairs and civil laws through experience and self education with a lot of common sense, morality and values without any formal degree in law can be a jurist.Do you need any further explanations? No, I have not time for that. Just state the section and the article of the Constitution that you are referring to.
    2.I can validate to you that Dasho RG was a Kharbandi Graduate aka Don Bosco Technical School of the year 1975-1976. After that he went to India to pursue his undergraduate studies(I don’t know what field).Then he went to Europe to do his master’s degree in Public Administration and Civil Law, you know, like all our old men in the civil service. Then he served in the royal government in various posts ranging from petty public official to zonal administrator to director general for the last 30 years. Finally in recognition of his dedicated service to the Tsa Wa Sum, he was decorated with “bura marp” by our last King. Now do you still think that he does not deserve to be considered as an eminent jurist and be appointed as a drangpon to the Supreme Court? Another thing you should realize is this: nobody is perfect but that is not important. What matters is how much goodness or badness a person has. Perhaps, Dasho RG has more goodness than his badness that you are referring to. Please counter argue with me sensibly and credibly. Don’t just beat around the bush and humiliate other people with your crazy thoughts and baseless allegations. A dog barks at everything that moves without thinking, a lion watches the movements and scrutinizes it well before he pounces on it.
    Good luck.

  26. Tangba,

    There’s no reason for you to get all worked up, as far as Dasho RG goes, I don’t think he qualifies as an eminent jurist by any stretch of the imagination, in my opinion, an eminent jurist is someone like Dasho Pasnag Tobgay, while he does not have a formal law degree, he has served as a judge in the Royal High Court for the last so many years, so the appointment of RG as a justice of the supreme court is highly contentious. But maybe for people who support him like Tangba here, it does not make any difference. It is also a well known fact that this same Dasho RG was made redundant by the RCSC, so if he was so efficient as Tangba would like us believe, can you throw some light as to why the RCSC relieved him off his duties.

    As for his character flaws, a whole thread was dedicated to him in BT, highlighting in particular his misdemeanours while he was the Dzongdag of Trashigang. Please don’t pretend that you don’t read the BT discussion forum.

    And lastly, don’t pretend that you don’t know him too. BTW, good luck with getting the lawsuit against the DPT government.

    Cheers man, I will be waiting for your views.

  27. Cool down guys…Why cry over a spilt milk. Let us appreciate the work of the Commission and hope for the best.

  28. To Guardian:
    I don’t want to argue with you. I am apolitically political and I hope you are too. I think both of us are just trying to be good citizens protecting our Constitution, praising what is good and exposing what is bad in our country. Let’s just discuss issues and exchange ideas and learn from each other. No mudslinging, please.
    First, you did not state the article in our Constitution that says a Supreme Court judge must have a law degree. I don’t find such an article in our Constitution and there is a good reason for that. In a constitutional democracy, the Constitution is all that matters and should matter. It is the backbone of a nation. It is the guardian of the people, and stronger the guardian, safer the people. We can not trust anyone, not even our Kings, forget about trusting a prime minister or the cabinet or the MPs. This is the great foresightedness of our last King HM Jigme Singye Wangchuck. He did not surrender His royal powers and prerogatives to “His people” just like that but He surrendered His power to “His people with a Constitution”. There is a lot of difference between these two kinds of people because He had strong faith in the Constitution. He knew it very well that His people without a constitution can easily be exploited in a democratic country. Now we have democracy. We have a Constitution. These are the greatest gifts we got from our last King. Now whatever is done must be done in accordance to our Constitution whether you like it or not. If the Constitution says yes, it is yes; if the Constitution says no, it is no. That’s clear cut but sometimes the confusion arises when the Constitution is little vague and it neither says ‘yes’ nor ‘no’ clearly. For example, our Constitution states that “the Drangpons of the Supreme Court shall be appointed from among the Drangpons of the High Court or from among eminent jurists…” The first part of this sentence is clear and explicit but the second part of the sentence is vague. Who are the eminent jurists? You may consider Dasho Pasang Tobgay as an eminent jurist but other people may consider Dasho RG as an eminent jurist. What about Dasho Adap? However, the Constitution goes on to say “…on the recommendation of the National Judicial Commission…” Now it becomes crystal clear. It is not ‘my’ eminent jurist or ‘your’ eminent jurist but it is the National Judicial Commission’s eminent jurist. They have selected Dasho RG as an eminent jurist and you are saying he is not. Don’t you think you are going against our Constitution and violating its provisions by refusing to accept Dasho RG as an eminent jurist? If some other commission or a group of people elected Dasho RG as an eminent jurist and get him appointed as a Supreme Court judge, I will be the first person to shout and condemn him but he is selected by the National Judicial Commission as mentioned in the Constitution. You may be right to say that he is an ill-behaved arrogant and a corrupted government official with a character like that of a bitch but the National Judicial Commission has selected him out of so many other candidates. So there is nothing we can do about it. We must accept him. We must accept the Judicial Commission’s choice. And that’s how we accept and protect our Constitution. Don’t you think so? We must protect our Constitution at all cost because if we can not protect it, the Constitution will not be strong enough to protect us. However, we must protect it rightly which sometimes will mean accepting defeat with a smile and, accepting things that we see it as ‘not right’. If not, we are abusing our own Constitution while trying to protect it. We should be careful.
    Second, some people will think relieving Dasho RG from the civil service by the RCSC as a punishment for his incapability or corruption or for his gross misdemeanors but other people will think he is personally chosen by our King amongst so many other capable civil servants to become his chamberlain(Gyalpoi Zimpoen).Both kinds of people have the right to think what they think and all of them are right and wrong equally. This is a part and parcel of democracy: the diversity of thoughts and opinions. We can do nothing about it but know it so and accept it.
    What do you say now?

  29. guardian says:

    Now that you have made a reference to His Majesty in this debate, there is no need for me to carry this discussion forward.

    Cheers.

  30. Tangba says:

    To Guardian:
    Very Good. One last adivice to you here: anything is possible if you do not understand what you are talking about. So, please study well, think and analyse the situations and issues from all angles before you say anything about it.This is very important because if educated folks like ourselves do not do that, our uneducated, poorly educated and half-educated fellow citizens, farmers and peasants will believe everything they will hear without a second thought, without any thinking at all. This is dangerous in a democratic country where very often people resort to skilful PR spreading propagandas, rumours and lies for their own political interests rather than the interest of the country and all its people. Your name here is “guardian”. You should be a good one at it. Don’t prove yourself to be “CHOWKIDHAR”.
    Have a nice weekend.
    Cheers.

  31. guardian says:

    It’s a pity that some people have to resort to bringing in HM’s name into a discussion when they can’t seem to justify their stance. OL must advise people writing on his blog to refrain from using HM’s name lightly, like Tangba seems to be doing.

    As far as I am concerned I am clear about what I stand for and I certainly do not need advice from anyone, least all from someone like Tangba.

  32. Tangba says:

    Dear readers, please refer to the IXth comment by Guardian above.
    I quote Guardian: “I find it absolutely ridiculous that the OL and his supporters keep on quoting the constitution whenever it suits them, yet when so many other things have been done without abiding by the constitution, not even a whimper is heard. A case in point is the very recent appointment of Dasho RG as one of the justices of the supreme court”
    Point #1. I asked Guardian how the appointment of Dasho RG to our Supreme Court breached our Constitution. I asked him to state the article in the Constitution that was violated. He could not do that. He resorted to talking trash instead. This showed that Guardian is an idiot who knows nothing about our Constitution.
    Point #2. I explained to him, whether we like it or not, that the process by which Dasho RG was appointed as a Supreme Court judge was in line with our Constitution. There was no violation at all and therefore we must accept his appointment to the Supreme Court. I don’t know if Dasho RG is reading this thread of comments but I think Dasho RG has got a strong legal stand to take Guardian to court and take legal action not only for his personal defamation but also for insulting a constitutional and legally justified Supreme Court judge. This is a big insult to our nation. This shows that Guardian is also an arrogant scoundrel who will not listen. It is better we remedy such sick elements in our country or else they will pose a greater risk to our nation in the future. If Honorable Justice Dasho RG wants to take legal action against him, let me know la. I know precisely the vicinity Guardian is currently posting his comments from and we can easily identify him with a warrant from the court, la. No difficult task at all.

  33. Damcho Dorji, Gasa MP. says:

    Tangba, cool down. I fully agree with you but you don’t need to convince everybody. That is impossible. I think even Lord Buddha failed to do that. Anyway, I sincerely appreciate your spirit of patriotism! We need a lot of people like you, except you may not be able to hold your fire if you were in OL’s place in the NA (hahaha)!

    Hey Drups, you write so well and yet call yourself a half-educated person. I think you are a real politician because only politicians called Osho a charlatan when he was alive. He never got along well with them, esp. Moraji Desai! But if he heard you he would have loved you because he liked half-educated man coz he says knowledge blinds a person from seeing the truth.

  34. Dasho Damcho Dorji,
    Do you know why Buddha and the Buddhists teachers failed to convince the Buddhadharma to everyone? Because the Buddha then and the Buddhists teachers even now do not have “one book” like a Bible used for reference when teaching the people. They referred to thousands of texts with thousands of pages. This often confused the people more than it would convince them. The situation is different for me. I have just one book for my reference: our Constitution.
    But do you know the two mistakes committed by our people in the last election?
    1.They gave only 2 seats to the Opposition.
    2.One of the 2 seats, they gave it to you.
    hahahahahahahahahaha!!!!!
    Cheers.

  35. We see things and we say, “Why?” But the politicians dream things that never were and say, “Why not?”
    SO KEEP UP THE GOOD WORK dasho la!
    we are very proud of the two opposition members n except much more in the future too…..goodluck n our blessings are always with you all…thanks alot.

  36. Hey two intellectual giants-Tangba n Drups…. Many a tmez i hav seen ur comments n went thrue bt ur words doesn’t make any sense to me.. U hear me???? It simply means u guys r jus making fun on this highly honoured forum…..May b u people r meant 4 dis…So i advise u nt 2 write anymore….Tshagay tsho wai….

  37. i am not a politician nor i am highly qualified person…but i am the future of my country…above all i am the citizen of bhutan…its very funny to go through this highly honoured forum where people or i should say politician like tangba and drups are more intersted 2 pull ones leg n to critise eachother….shame on you guyz….i know i am too young for all this things but sorry to say….shame on u people…you call yourselfs bhutanese,intersted to know about the issues n all…but after going thru all dis i must say u people or you politician are trying to find fault in one another….and ya 4 ur kind information…both the tangba n drups are politician…shame on you people…shame on our government…
    i love my country but i fear my government…

  38. Adrian LeCesne says:

    Dear Honorable Scholars in Bhutanese Law-

    My name is Adrian LeCesne, a member of the Stanford Law School Bhutan Law and Policy Project. We are interested in many of the issues related to the Constitution of Bhutan, Elections, and the role of the Supreme Court in your beautiful nation, and hope to reach out to some of you for insight into the development of the legal system. Six of us will be traveling to Bhutan on March 23 for a week, and wondered if any of you would be interested in speaking with us about your opinions on law and governance. We have done extensive research on civil procedure, criminal procedure, legal ethics, and local governance, but know that your personal experience are far richer than anything we could have learned from books alone. If any of you has time to meet with us later this month, please email me at alecesne@stanford.edu

    Thank you
    Sincerely,
    Adrian LeCesne

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