Business Bhutan recently reported that the prime minister had expressed his frustrations over interpretations of the constitution that were undermining the government’s work. The PM was quoted as saying: I feel very emotional because we are the democratically elected government with a huge majority which means people have placed their trust fully in us but every time we want to do something the book is being thrown at us. Our PM is correct. 67% of the electorate voted for DPT, and gave them, the ruling party, 45 of the 47 seats in the National Assembly. Yes, the government was…
Several readers didn’t agree with my suggestion that the government should pay more money for the land that they are acquiring behind the Tashichhodzong. “Dorji Drolo” favours increasing the land rates only for the original inhabitants of Hejo, but fiercely opposes increases for the others, most of who would have purchased the land at much lower prices. “Dorji Drolo” also agrued that, since the land was “… earmarked for green area some 20 years back” the compensation rates were sufficient. I agree with “Dorji Drolo” that the original inhabitants should be paid more, much more, for their land. Many…
The Election Commission of Bhutan is correct in cautioning the government that the local government elections would be incomplete and unconstitutional if those elections were conducted without first finalizing the yenlag thromdes (satellite towns). Yenlag thromdes have still not been identified for the Dzongkhags. So holding the local government elections now would, as ECB maintains, result in incomplete Dzongkhag Tshogdus, and risk violating Article 21 Section 9 of the Constitution according to which: The Dzongkhag Tshogdu shall comprise: (a) The Gup and Mangmi as the two elected representatives from each Gewog; (b) One elected representative from that Dzongkhag Thromde;…
For the people ...
Several people have asked me for an English translation of the expression of gratitude that I had offered to His Majesty the King during the inaugural ceremony of the fifth session of the Parliament. A busy schedule, arising from the fifth session, distracted me from translating the statement.
But yesterday, after posting the entry about the signing of our Constitution, I suddenly decided that the translation had to be done immediately. Here it is … Expression of Appreciation to His Majesty the King Introduction. It’s been hardly two years since the introduction of democracy in our country. Democratic Constitutional Monarchy has started off well, and as such, our country has received considerable international appreciation and acclaim for a successful transition to democracy.
But more importantly, our people are already enjoying the benefits of the new system of government.
We have been able to achieve a great deal of development within such a short span of time, because of the blessings of the Triple Gem; the support of our guardian deities; the prayers of our clergy; the good fortune of our people; and because of the wisdom, foresight and guidance of His Majesty the Fourth Druk Gyalpo.
Most importantly, it is because of the noble deeds and exceptional accomplishments of His Majesty the King, Jigme Khesar Namgyel Wangchuck.
To most people, democracy means that the complete powers of governance are in the hands of the people. And, that is correct. But in order to administer these powers on behalf of the people, our Constitution accredits a range of institutions. These are, for example, the National Council and the National Assembly, the ruling party and the opposition, the Lhengye Zhungtsho and civil servants, the judiciary, and the Constitutional Offices. The respective powers, roles and responsibilities of these institutions are enshrined in the Constitution.
But of all these institutions, that of the Druk Gyapo is, by far, the most important. According to Article 2 Section 1 of the Constitution, “His Majesty the Druk Gyalpo is the Head of State and the symbol of unity of the Kingdom and of the people of Bhutan.”
All of us are fully aware of His Majesty the King’s noble deeds, actions and achievements. So on behalf of the opposition party, I would like to express our heartfelt gratitude by recalling a few of His Majesty’s accomplishments during the past two years. I thank the Honourable Speaker for allowing me to do so. One: land. In accordance with Article 2 Section 16 (b) (The Druk Gyalpo, in exercise of His Royal Prerogatives, may grant … land kidu and other kidus), His Majesty the King has, during the last two years, traveled throughout our country to grant audiences to people living in our remotest gewogs and villages, and to personally experience their living conditions and greatest difficulties.
On this day, two years ago, His Majesty the King, by warrant under His hand and seal, sanctioned the Constitution of the Kingdom of Bhutan. To commemorate the historic event I visited the Tashichhodzong earlier today. In its Kunrey – the sacred chamber where the Constitution was signed and officially took effect – I offered butter lamps and prayers, and reflected on how we, parliamentarians, have served or failed our Constitution so far.
The Samtse Dzongdag has been transferred to Haa. His transfer, which was decided by the home ministry, is meant to be an administrative action against him. But 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. If it is the Druk Gyalpo who appoints dzongdags, then how is it that the home ministry has appointed a new dzongdag for Haa? And a new one for Samtse? Kuensel raised…
Of the many reasons we may have to comment anonymously, fear of government reprisal is the worst. Here’s how Kuensel introduced a contractor’s remarks recently: An owner of an established construction company, who requested anonymity, fearing possible backlash from the government, said that … The government must dispel such fears. The Constitution, after all, guarantees "...the right to freedom of speech, opinion and expression" as a fundamental right.
The third session of the Parliament did not pass two bills: the Local Government Bill and the Civil Service Bill. Both the bills are important. So, many people are concerned. And, more than a few people have asked me how the discussions will be continued. One concerned reader, a Samdrups, was particularly worried about what I wrote in “Parliament rejects civil service bill” and commented: “You are talking as if you are in favour of referendum or making the bill dead!!! I am sure it will be very costly to have referendum and costlier to make these bills dead.…
A year ago, on 21 July, during the first sitting of the Parliament after the signing of the Constitution, I proposed a motion to nominate His Majesty the Fourth Druk Gyalpo for the Nobel Peace Prize. To recall the importance of that motion, I’m featuring a photograph of our beloved kings, taken during the signing of the Constitution, in the banner. And, I’m posting a rough translation of the statement I made in the Parliament last year. On the 15th day of the 5th month of our calendar, His Majesty the King affixed his signature, in pure gold, to…
One year ago, on 18th July 2008, His Majesty the King signed the Constitution of the Kingdom of Bhutan. I am pleased to reproduce below, His Majesty the King’s address to the Nation on that historic day. On this day of destiny, in the blessed land of Pelden Drukpa we, a fortunate People and King, hereby resolve to bring into effect the root and foundation - the very source - of all law in our nation. On such an auspicious occasion, on behalf of the people I offer gratitude to His Majesty the Fourth Druk Gyalpo. During his reign…
The cartoon in the last issue of Bhutan Times showed Lyonpo Nanda Lal Rai announcing: "I'm going to be blunt. He (opposition leader) along with other MPs will get the CDG. But he's creating all this noise to gain political mileage. If people are misinterpreting the Constitution from day one, they're asking for trouble." I take issue with Lyonpo Nanda Lal on four counts. First, I cannot and will not accept the CDG if I continue to believe it to be unconstitutional. My understanding of our obligations to safeguard our Constitution will not allow me do so. In fact…
About a month ago Kuensel reported that DPT MPs had insisted that "... only state funding would save them from sinking under." And quoted Lyonpo Thakur Singh Powdyal as saying: "Given the experience of the party so far and the need to have a responsible and respectable political system in the country, it's desirable to have state support, because the existence and functioning of spolitical parties have critical implications on the health of the state." I'm amazed that DPT politicians continue to expect state funding for their party. After all, the first session of the parliament had decided that…
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…
“WE, the people of Bhutan ... do hereby ordain and adopt this Constitution for the Kingdom of Bhutan ...” proclaims the preamble of our constitution. And Article 1 declares that “This Constitution is the supreme law of the State.” And that “The Supreme Court shall be the guardian of this Constitution and the final authority on its interpretation”.If legal interpretation of the Constitution was needed it should have been provided by the Royal Courts of Justice which includes the Supreme Court, the High Court, Dzongkhag Courts and Dungkhag Courts. The Supreme Court has the final authority on the interpretation…
Today, we celebrate our 101st National Day. Today will also mark the culmination of the year-long celebrations commemorating a century of peace, prosperity and happiness under our beloved monarchs. As we conclude the historic celebrations of 100 years of monarchy, we have many reasons to be deeply thankful: a secure and sovereign homeland, a vibrant culture and religion, a largely pristine environment, free healthcare and education, a unique democracy, and a growing economy. Simply put, we live longer, better and happier lives. And as we enter the next 100 years as a unified nation, we must uphold our two…
