The Constitution of Bhutan is one of the best constitutions in the world.
Every citizen of Bhutan has been declared a trustee to protect the
environment. Protecting the environment and biodiversity is one of the
responsibilities of everyone for the benefit of themselves and future
generations. According to Article 5 of the Constitution, 60% of the land
of the state is always to be used as forest. This precedent is unique
in the history of mankind. In reality, Bhutan is a carbon negative
state. The more carbon dioxide they release into the atmosphere, the
more they absorb it. I don't know who first came up with the idea of
this article or whose initiative it was added to the constitution, but
he or she is a great person for this one action.
According to
Article 7 of the Constitution, it is forbidden to hurt, torture and kill
anyone - it is forbidden in all states. However, a speciality of
Bhutan's constitution is that if such an incident occurs in front of
anyone, it is mandatory for every citizen to prevent it.
According to Article 9 of the Constitution, the state will try to
improve the conditions that are conducive to the attainment of gross
national happiness.
Political parties are not able to use
religion, ethnography, regionalism for the sake of gaining votes. The
maximum level of voluntary contribution to the political party will be
pre-fixed, as well as the election expenses of the political party will
be paid from the state treasury.
No one shall hold the office
of Prime Minister for more than two terms. The term of office of the
Chief Justice is ten years or until he reaches the age of 60 - whichever
is earlier.
These are positive aspects. Now let's discuss the negative aspects.
Constitutional monarchy is established in Bhutan. The king must be a Buddhist. Dzongkha is the national language.
Admirable Articles of Bhutan's Constitution
Article 4. Culture
1. The State shall endeavour to preserve, protect
and promote the cultural heritage of the country, including monuments,
places and objects of artistic or historic interest, Dzongs, Lhakhangs,
Goendeys, Ten-sum, Nyes, language, literature, music, visual arts and
religion to enrich society and the cultural life of the citizens.
2. The State shall recognize culture as an evolving dynamic force and shall endeavour to strengthen and facilitate the continued evolution of traditional values and institutions that are sustainable as a progressive society.
3. The State shall conserve and encourage research on local arts, custom, knowledge and culture.
4. Parliament may enact such legislation as may be necessary to advance the cause of the cultural enrichment of Bhutanese society.
Article 5. Environment
1. Every Bhutanese is a trustee of the Kingdom's natural resources and environment for the benefit of the present and future generations and it is the fundamental duty of every citizen to contribute to the protection of the natural environment, conservation of the rich biodiversity of Bhutan and prevention of all forms of ecological degradation including noise, visual and physical pollution through the adoption and support of environment friendly practices and policies.
2. The Royal Government shall:
- Protect, conserve and improve the pristine environment and safeguard the biodiversity of the country;
- Prevent pollution and ecological degradation;
- Secure ecologically balanced sustainable development while promoting justifiable economic and social development; and
- Ensure a safe and healthy environment.
3. The Government shall ensure that, in order to conserve the country's natural resources and to prevent degradation of the ecosystem, a minimum of sixty percent of Bhutan's total land shall be maintained under forest cover for all time.
4. Parliament may enact environmental legislation to ensure sustainable use of natural resources and maintain intergenerational equity and reaffirm the sovereign rights of the State over its own biological resources.
5. Parliament may, by law, declare any part of the country to be a National Park, Wildlife Reserve, Nature Reserve, Protected Forest, Biosphere Reserve, Critical Watershed and such other categories meriting protection.
Article 8. Fundamental Duties (Part of it)
5. A person shall not tolerate or participate in acts of injury, torture or killing of another person, terrorism, abuse of women, children or any other person and shall take necessary steps to prevent such acts.
9. Every person shall have the duty to uphold justice and to act against corruption.
Article 9. Principles of State Policy (Part of it)
1. The State shall endeavour to apply the Principles of State Policy set out in this Article to ensure a good quality of life for the people of Bhutan in a progressive and prosperous country that is committed to peace and amity in the world.
2. The State shall strive to promote those conditions that will enable the pursuit of Gross National Happiness.
3. The State shall endeavour to create a civil society free of oppression, discrimination and violence, based on the rule of law, protection of human rights and dignity, and to ensure the fundamental rights and freedoms of the people.
10. The State shall encourage and foster private sector development through fair market competition and prevent commercial monopolies.
11. The State shall endeavour to promote those circumstances that would enable the citizens to secure an adequate livelihood.
18. The State shall endeavour to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation.
Article 15. Political Parties (Part of it)
1. Political parties shall ensure that national interests prevail over all other interests and, for this purpose, shall provide choices based on the values and aspirations of the people for responsible and good governance.
2. Political parties shall promote national unity and progressive economic development and strive to ensure the well-being of the nation.
3. Candidates and political parties shall not resort to regionalism, ethnicity and religion to incite voters for electoral gain.
4. A political party shall be registered by the Election Commission on its satisfying the qualifications and requirements set out hereinafter, that:
- Its members shall be Bhutanese citizens and not otherwise disqualified under this Constitution;
- Its membership is not based on region, sex, language, religion or social origin;
- It is broad-based with cross-national membership and support and is committed to national cohesion and stability;
- It does not accept money or any assistance other than those contributions made by its registered members, and the amount or value shall be fixed by the Election Commission;
- It does not receive money or any assistance from foreign sources, be it governmental, nongovernmental, private organizations or from private parties or individuals;
- Its members shall bear true faith and allegiance to this Constitution and uphold the sovereignty, territorial integrity, security and unity of the Kingdom;
- It is established for the advancement of democracy and for the social, economic and political growth of Bhutan
Article 16. Public Campaign Financing
1. Parliament shall, by law, establish a Public Election Fund into which shall be paid every year such amounts as the Election Commission may consider appropriate to fund registered political parties and their candidates during elections to the National Assembly and candidates to the National Council.
2. The payment out of the Public Election Fund shall be made by the Election Commission in a non-discriminatory manner to registered political parties and candidates in accordance with laws made by Parliament.
3. The Election Commission shall fix a ceiling for the total expenditure that may be incurred by political parties and their candidates taking part in elections to the National Assembly.
4. The Election Commission shall fix a ceiling for contribution offered voluntarily by any of its registered members to a political party subject to the provisions of the Election Fund Act.
5. The funding received by political parties and their candidates shall be subjected to scrutiny and auditing as called for by the Election Commission in accordance with laws made by Parliament or law in force.
Article 17. Formation of Government (Part of it)
2. No person shall hold office as Prime Minister for more than two terms.
Article 18. The Opposition Party
1. The Opposition Party shall 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 fulfil the aspirations of the people.
2. The Opposition Party shall promote national integrity, unity and harmony, and co-operation among all sections of society.
3. The Opposition Party shall endeavour to promote and engage in constructive and responsible debate in Parliament while providing healthy and dignified opposition to the Government.
4. The Opposition Party shall not allow party interests to prevail over the national interest. Its aim must be to make the Government responsible, accountable and transparent.
5. The Opposition Party shall have the right to oppose the elected Government, to articulate alternative policy positions and to question the Government's conduct of public business.
6. The Opposition Party shall aid and support the Government in times of external threat, natural calamities and such other national crises when the security and national interest of the country is at stake.
Article 20. The Executive (Part of it)
1. The Government shall protect and strengthen the sovereignty of the Kingdom, provide good governance, and ensure peace, security, well-being and happiness of the people.
Article 21. The Judiciary (Part of it)
1. The Judiciary shall safeguard, uphold, and administer Justice fairly and independently without fear, favour, or undue delay in accordance with the Rule of Law to inspire trust and confidence and to enhance access to Justice.
9. The Supreme Court may, on its own motion or on an application made by the Attorney General or by a party to a case, withdraw any case pending before the High Court involving a substantial question of law of general importance relating to the interpretation of this Constitution and dispose off [sic] the case itself.
13. The term of office of the Chief Justice and the Drangpons of the High Court shall be ten years or until attaining the age of sixty years, whichever is earlier.
Article 23. Elections (Part of it)
3. A candidate for an elective office under this Constitution shall:
- Be a Bhutanese citizen;
- Be registered voter of that constituency;
- Be a minimum of twenty-five years and maximum of sixty-five years of age at the time of filing the nomination;
- Not receive money or any assistance from foreign sources, be it governmental, nongovernmental, private organizations or from private parties or individuals; and
- Fulfil the necessary educational and other qualifications prescribed in the Electoral Laws.
4. A person shall be disqualified as a candidate or a member holding an elective office under this Constitution, if the person:
- Is married to a person who is not a citizen of Bhutan;
- Is terminated from Public Service;
- Is convicted for any criminal offence and sentenced to imprisonment;
- Is in arrears of taxes or other dues to the Government;
- Has failed to lodge accounts of election expenses within the time and in the manner required by law without good reason or justification;
- Holds any office of profit under the Government, public companies or corporations as prescribed in the Electoral Laws; or
- Is disqualified under any law made by Parliament.
6. In order to provide for informed choice by the voter, a candidate for an elective office shall file, along with his or her nomination, an affidavit, declaring:
- The income and assets of the candidate, spouse and dependent children;
- His or her bio-data and educational qualifications;
- Records of criminal convictions, if any; and
- Whether the candidate is accused in a pending case for an offence punishable with imprisonment for more than one year and in which charges are framed or cognizance is taken by a court of law prior to the date of filing of such a nomination.
Facts of Bhutan's Constitution
Preamble (Part of it)
WE, the people of Bhutan:
BLESSED by the Triple Gem, the protection of our guardian deities, the wisdom of our leaders, the everlasting fortunes of the Pelden Drukpa and the guidance of His Majesty the Druk Gyalpo Jigme Khesar Namgyel Wangchuck;
Article 1. Kingdom of Bhutan (Part of it)
1. Bhutan is a Sovereign Kingdom and the Sovereign power belongs to the people of Bhutan.
2. The form of Government shall be that of a Democratic Constitutional Monarchy.
8. Dzongkha is the National Language of Bhutan.
Article 2. The Institution of Monarchy (Whole article is a shit)
1. His Majesty the Druk Gyalpo is the Head of State and the symbol of unity of the Kingdom and of the people of Bhutan.
2. The Chhoe-sid-nyi of Bhutan shall be unified in the person of the Druk Gyalpo who, as a Buddhist, shall be the upholder of the Chhoe-sid.
Article 3. Spiritual Heritage
1. Buddhism is the spiritual heritage of Bhutan, which promotes the principles and values of peace, non-violence, compassion and tolerance.
2. The Druk Gyalpo is the protector of all religions in Bhutan.
3. It shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also ensuring that religion remains separate from politics in Bhutan. Religious institutions and personalities shall remain above politics.
4. The Druk Gyalpo shall, on the recommendation of the Five Lopons, appoint a learned and respected monk ordained in accordance with the Druk-lu, with the nine qualities of a spiritual master and accomplished in ked-dzog, as the Je Khenpo.
5. His Holiness the Je Khenpo shall, on the recommendation of the Dratshang Lhentshog, appoint monks with the nine qualities of a spiritual master and accomplished in ked-dzog as the Five Lopons.
6. The members of the Dratshang Lhentshog shall comprise:
- The Je Khenpo as Chairman;
- The Five Lopons of the Zhung Dratshang; and
- The Secretary of the Dratshang Lhentshog who is a civil servant.
7. The Zhung Dratshang and Rabdeys shall continue to receive adequate funds and other facilities from the State.
Article 15. Political Parties (Part of it)
11. A political party shall be dissolved only by declaration of the Supreme Court:
- If the objectives or activities of the party are in contravention of the provisions of this Constitution;
- If it has received money or assistance from foreign sources;
- On such other grounds as may be prescribed by Parliament or under a law in force; or
- On violation of the Electoral Laws.
12. Where the ruling party in the National Assembly stands dissolved under section 11 of this Article or the Government is dismissed under section 24 of Article 10 or under section 7 of Article 17, the National Assembly shall also stand dissolved and, accordingly, sections 1 to 8 of this Article shall apply.
13. During the election of the opposition party under section 14 of this Article, the National Assembly shall be suspended animation and the ruling party and their candidates shall not contest in the elections.
14. Where the original opposition party stands dissolved under this Constitution, an opposition party shall be elected:
- Within sixty days from the date of the dissolution of the original opposition party;
- From the parties registered with the Election Commission in accordance with section 4 of this Article; and
- Through an election held under the Electoral Laws to fill the seats of those constituencies which stood vacant on the dissolution of the original opposition party.
