The principles and ideals of democracy are inherently good and a democratic system is desirable for Bhutan. ‘Draft Constitution to Be Distributed to All Bhutanese’ Kuensel (23 March 2005). As one scholar noted, the Lhotsampas ‘are very proud of their tradition and, in fact, they look to Nepal and India as the centres of their civilisation, historical achievements and religious pilgrimage.
2009 There are several Kidu schemes designed to help certain groups of people, such as students unable to afford even the free education available in the country, … Singye initiated a series of measures that signalled a reforming zeal on his part, including the decentralization of government, the spread of modern education (with particular emphasis on the learning of English), and the promotion of hydroelectricity and tourism, both of which became significant sources of revenue for the government.17 More significantly, he became known for propagating a new philosophy of development that stressed ‘gross national happiness’ over ‘gross national product’. Some eyebrows will also be raised by a provision that requires the chief justice to head the government during periods when parliament has been dissolved in anticipation of fresh elections.108 The Constitution also adopts a highly discriminatory attitude not only against non-citizens (for example, in relation to the enjoyment of fundamental rights, most of which are available only to citizens) but also against citizens who are married to foreigners. He was also revered for his statecraft and for being a righteous leader, which earned him the sobriquet ‘Dharma Raja’ (the King of Righteous Law).13, This period also saw a number of external conflicts (involving the Tibetans, Mongols, and even the British) and civil wars, but none of them resulted in the country’s loss of independence. The king himself stressed Buddhism as ‘the spiritual heritage of Bhutan’ in the context of constitutional deliberations.81.
Not many countries present as formidable a range of challenges as Bhutan when it comes to explaining the impulses that underlay major constitutional change of the kind that this tiny Himalayan kingdom has attempted in the past few years. This statement needs to be qualified by the fact that, antecedentally, the idea of a ‘dual system’ of government—borrowed from Tibet—prevailed in Bhutan in the 17th century. It … Second, moves were afoot for Bhutan to have its first elected parliament as part of the wider democratization exercise initiated by Singye. As one of Bhutan’s serving diplomats put it delicately in a speech delivered in Copenhagen recently, ‘[f]or a country with small voter base, barring the clergy from voting is an interesting subject for debate’. The cabinet was headed by the Prime Minister, who was the head of government. It needs to be added as well that, since at least the time of the second king, Bhutanese penal policy and laws began reflecting some British influences that intensified over the years, culminating in modern laws that embody strong elements of Anglo-Saxon concepts and approaches to crime and punishment. Much light is thrown on the subject of dispute resolution also in the works of Michael Aris. This can be envisaged as a parliament, albeit with constituent power (which enjoys higher legal status than legislative power). Winnie Bothe, ‘The Monarch’s Gift: Critical Notes on the Constitutional Process in Bhutan’ (2012) 40 European Bulletin Himalayan Research 27. Barely giving any proof, he alleged that I was found non-national or not a Bhutanese. The committee is reported to have received, and rejected, unsolicited interventions made to it from various quarters.62 However, it did seek the advice of a foreign expert—one of India’s senior lawyers, who, as well as commenting on drafts, also offered his views in person. Marian Gallenkamp, Democracy in Bhutan: An Analysis of Constitutional Change in a Buddhist Monarchy (Institute of Peace and Conflict Studies 2010) 2. On This Day in History - September 17, 1787 US Constitution is adopted. As the Nepalese elite castes abhor beef, polyandry and widow remarriage prevalent among the Brugpa Lamaists, and they themselves practise ritual purity, personal and food pollutions, there is definitely a cultural gulf between the two communities’. This was partly because of Bhutan’s historic ties with India and partly because the chief—indeed, sole—external adviser to the drafting committee was an Indian lawyer, as noted earlier. Bhutan is divided in 20 districts (dzongkhag, singular and plural); Bumthang, Chukha, Dagana, Gasa, Ha, Lhuntse, Mongar, Paro, Pemagatshel, Punakha, Samdrup Jongkhar, Samtse, Sarpang, Thimphu, Trashirang, Trashiyangtse, Trongsa, Tsirang, Wangdue Phodrang, and Zhemgang. See eg ‘King’s Initiatives for Picking Up Chief Justice’ Bhutan News Service (23 November 2009):
The Central Monk Body (Zhung Dratshang) was established as far back as 1620. The 70th and present Je Khenpo is Jigme Chhoeda. The 2005 draft Constitution of Bhutan included provision for a two-party democratic system that was unveiled after four years of preparation. In view of this, he chose to anticipate the inevitable by initiating change himself.’37 This interpretation, combining as it does motives of self-preservation and altruism, has found wide acceptance within and outside Bhutan. The form of Buddhism practised in Bhutan, since at least the 12th century, is based on the Drukpa Kagyupa school of that religion. In the most narrow sense, ‘drupka’ has been employed to denote exclusively two of the five tribal groups that inhabit Bhutan, viz Bhumtops and Kurtops. Broadly speaking, the Bhutanese government adopted two successive policy approaches in relation to its Nepali population: accommodation and assimilation. The former, begun in 1958, ensured that the Lhotsampas got Bhutanese citizenship and all of the political and economic rights that went with it.25 They were able to secure representation in the National Assembly, the civil services, the Cabinet, the army, and the judiciary. In the circumstances, the monarch had to intervene by issuing a royal decree that, disregarding the constitutional provision, asked an ad hoc committee to choose the chief justice. The constitutional reform process can also be envisaged as an attempt to strengthen the sovereignty of the country. Foreign and defence policy was to be decided by the British according to the 1910 Treaty of Punakha. Rose (n 2) 6–7. Although no visible pressures were exerted on Bhutan to democratize, the part played by incentives—for example, by Western aid agencies and the country’s most important neighbour, India—could not, it is said, be ignored. This architecture was put in place by a celebrated historical figure, Ngawang Namgyal, around 1616, and it lasted for nearly 300 years thereafter—that is, until the ascendancy of Ugyen Wangchuk as king (Druk Gyalpo, the Dragon King). Notably, one of the Directive Principles is couched in the mandatory terms of a fundamental right, viz the right to education for children of school-going age (art 9(16)). [6], The trichotomy of secular government is not absolute. As one prominent member of the Bhutanese elite has noted, ‘[t]he King has assumed greater importance as the “safety net” against divisive forces that potentially arise with the advent of modern liberal democracy’.120 This view finds some traction if regard is had to the fact that the king continues to play an active role in domestic affairs, engaging with his subjects and acting on their concerns where necessary.
It would be fair to say, as one anonymous peer reviewer of this article pointed out, that, even as the Constitution recognizes Buddhism as the spiritual heritage of Bhutan, it does not privilege the ‘state[-]sponsored Druk Kagyu sect that rose to pre-eminence under the Zhabdrung, Ngawang Namgyel in the early seventeenth century.’ Nyingma Buddhism, which is the oldest of the four schools of Buddhism (the other three being the Kagyu, Sakya and Gelug) is most prevalent in the important central and eastern parts of Bhutan. He also had other arguments to support his enthusiasm for democracy as the preferred model of a government for a future Bhutan. In all, it was being prudent and farsighted on the part of the King to decide in favour of broadening the base of authority and legitimacy before forces of history overtook the tiny Kingdom.35. The surprise and disbelief of the people that the chief justice describes manifested itself in a curious and striking manner. Other noteworthy aspects of the Bhutanese experiment with constitution making include the fact that Bhutan has not had any significant colonial influence such as has informed many countries in its neighbourhood,2 nor has Bhutanese society been previously governed by any system of law other than an indigenous one whose tenets do not have much in common—not visibly or obviously at any rate—with those of modern legal systems, such as English common law or continental civil law.3 The country also did not have any constitutional document—in the modern, commonly understood, sense of that term—until less than a decade ago and, therefore, had to put in place something that was sui generis. They, said the chairman of the drafting committee: displayed both the greatest admiration for the illustrious past under the benevolent monarchs and lingering fears of an uncertain future under democracy. Jacqueline Lungmus, ‘Democratization by Decree: The Role of Western Ideology in the Changing Political Structure of the Kingdom of Bhutan’
Its central tenets have, for example, been described as encompassing ‘sustainable and equitable socio-economic development, environmental conservation, preservation and promotion of culture, and good governance’. The King's first landmark project after his formal coronation was launching the National Cadastral Resurvey in March 2009, aimed at resolving long-standing issues of excess land that affect every Bhutanese household. The National Assembly (lower house) is directly elected by the people, and it consists of 47 members. Ibid art 5(3). Constraints of space prevents the present author from developing this point further, but the author is grateful to the anonymous reviewer for bringing it to his attention. The monarch, however, had a ready answer to this argument: Today the King, government, clergy and the people in all sections of society, enjoy unprecedented level of trust and fidelity.
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