-
His Majesty the Druk Gyalpo is the Head of State and the symbol
of unity of the Kingdom and of the people of Bhutan.
-
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.
-
The title to the Golden Throne of Bhutan shall vest in the legitimate
descendants of His Majesty Druk Gyalpo Ugyen Wangchuck as enshrined
in the inviolable and historic Gyenja of the Thirteenth Day, Eleventh
Month of the Earth Monkey Year, corresponding to the Seventeenth
Day of December, Nineteen Hundred and Seven and shall:
(a) Pass only to children born of lawful marriage;
(b) Pass by hereditary succession to the direct
lineal descendants on the abdication or demise of the Druk Gyalpo,
in order of seniority, with a prince taking precedence over a princess,
subject to the requirement that, in the event of shortcomings in the
elder prince, it shall be the sacred duty of the Druk Gyalpo to select
and proclaim the most capable prince or princess as heir to the Throne;
(c) Pass to the child of the Queen who is pregnant
at the time of the demise of the Druk Gyalpo if no heir exists under
section 3(b);
(d) Pass to the nearest collateral line of the
descendants of the Druk Gyalpo in accordance with the principle of
lineal descent, with preference being given for elder over the younger,
if the Druk Gyalpo has no direct lineal descendant;
(e) Not pass to children incapable of exercising
the Royal Prerogatives by reason of physical or mental infirmity;
and
(f) Not pass to a person entitled to succeed
to the Throne who enters into a marriage with a person other than
a Bhutanese citizen.
-
The successor to the Throne shall receive dar from the Machhen
of Zhabdrung Ngawang Namgyal at Punakha Dzong and shall be crowned
on the Golden Throne.
-
Upon the ascension of the Druk Gyalpo to the Throne, the members
of the Royal Family, the members of Parliament and the office holders
mentioned in section 19 of this Article shall take an Oath of Allegiance
to the Druk Gyalpo.
-
Upon reaching the age of sixty-five years, the Druk Gyalpo shall
step down and hand over the Throne to the Crown Prince or Crown
Princess, provided the Royal Heir has come of age.
-
There shall, subject to the provision of section 9 of this Article,
be a Council of Regency when;
(a) The successor to the Throne has not attained
the age of twenty-one years;
(b) It has been resolved by not less than three-fourths
of the total number of members of Parliament in a joint sitting that
the Druk Gyalpo is unable to exercise the Royal Prerogatives by reason
of temporary physical or mental infirmity; or
(c) The Druk Gyalpo has temporarily relinquished,
by Proclamation, the exercise of the Royal Prerogatives.
-
The Council of Regency shall collectively exercise the Royal Prerogatives
and the powers vested in the Druk Gyalpo under this Constitution
and shall be composed of:
(a) A senior member of the Royal Family nominated
by the Privy Council;
(b) The Prime Minister;
(c) The Chief Justice of Bhutan;
(d) The Speaker;
(e) The Chairperson of the National Council; and
(f) The Leader of the Opposition Party.
-
In the case specified under section 7(b) or 7(c) of this Article,
the descendant of the Druk Gyalpo, who is the heir presumptive,
shall, instead of the Council of Regency, become Regent by right,
if the heir presumptive has attained the age of twenty-one years.
-
The members of the Council of Regency shall swear an Oath of Allegiance
before Parliament to faithfully discharge their duties.
-
As soon as the Druk Gyalpo regains the ability to exercise the
Royal Prerogatives, notice shall be given to that effect by resolution
of Parliament or when the Druk Gyalpo resumes the exercise of the
Royal Prerogatives under section 7(c) of this Article, such notice
shall be by Proclamation.
-
The members of the Royal Family shall be the reigning and past
Monarchs and their Queens and Royal children of reigning and past
Monarchs.
-
The Druk Gyalpo and the members of the Royal Family shall be entitled
to;
(a) Annuities from the State in accordance with
law made by Parliament;
(b) 'All rights and privileges including the provision
of palaces and residences for official and personal use; and
(c) Exemption from taxation on the royal annuity
and properties covered under section 13(a) and 13(b) of this Article.
-
There shall be a Privy Council, which shall consist of two members
appointed by the Druk Gyalpo and one member nominated by the Lhengye
Zhungtshog. The Privy Council shall be responsible for:
(a) All matters pertaining to the privileges of
the Druk Gyalpo and the Royal Family;
(b) All matters pertaining to the conduct of the
Royal Family;
(c) Rendering advice to the Druk Gyalpo on matters
concerning the Throne and the Royal Family;
(d) All matters pertaining to crown properties;
(e) All matters pertaining to Royal Projects;
and
(f) Any other matter as may be commanded by the
Druk Gyalpo.
-
The Druk Gyalpo shall not be answerable in a court of law for His
actions and His person shall be sacrosanct.
-
The Druk Gyalpo, in exercise of His Royal Prerogatives, may:
(a) Award titles, decorations, dar for Lhengye
and Nyi-Kyelma in accordance with tradition and custom;
(b) Grant citizenship, land kidu and other kidus
with copies of all Kashos for kidu forwarded to the National Council
for reference and record;
(c) Grant amnesty and reduction of sentences;
(d) Command Bills and other measures to be introduced
in Parliament; and
(e) Exercise powers relating to matters, which
are not provided under this Constitution or other laws.
-
The Druk Gyalpo may promote goodwill and good relations with other
countries by receiving state guests and undertaking state visits
to other countries.
-
The Druk Gyalpo shall protect and uphold this Constitution in the
best interest and welfare of the people of Bhutan.
-
The Druk Gyalpo shall, by warrant under His hand and seal, appoint:
(a) The Chief Justice of Bhutan from among the
Drangpons of the Supreme Court or from among eminent jurists in consultation
with the National Judicial Commission;
(b) The Drangpons of the Supreme Court from among
the Drangpons of the High Court or from among eminent jurists on the
recommendation of the National Judicial Commission;
(c) The Chief Justice of the High Court from among
the Drangpons of the High Court, Dzongkhag Courts or from among eminent
jurists on the recommendation of the National Judicial Commission;
(d) The Drangpons of the High Court from among
the Drangpons of the Dzongkhag Courts or from among eminent jurists
on the recommendation of the National Judicial Commission;
(e) The Chief Election Commissioner and members
of the Election Commission from a list of names recommended jointly
by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the
Chairperson of the National Council and the Leader of the Opposition
Party;
(f) The Auditor General from a list of eminent
persons recommended jointly by the Prime Minister, the Chief Justice
of Bhutan, the Speaker, the Chairperson of the National Council and
the Leader of the Opposition Party;
(g) The Chairperson and members of the Royal Civil
Service Commission from a list of names recommended jointly by the
Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson
of the National Council and the Leader of the Opposition Party;
(h) The Chairperson and members of the Anti-Corruption
Commission from a list of names recommended jointly by the Prime Minister,
the Chief Justice of Bhutan, the Speaker, the Chairperson of the National
Council and the Leader of the Opposition Party;
(i) The heads of the Defence Forces from a list of
names recommended by the Service Promotion Board;
(j) The Attorney General on the recommendation
of the Prime Minister;
(k) The Governor of the Central Bank of Bhutan
on the recommendation of the Prime Minister;
(1) The Chairperson of the Pay Commission on the
recommendation of the Prime Minister;
(m) The Cabinet Secretary on the recommendation
of the Prime Minister;
(n) The Secretary General of the respective Houses
on the recommendation of the Speaker of the National Assembly and
the Chairperson of the National Council;
(o) Ambassadors and Consuls on the recommendation
of the Prime Minister;
(p) The Secretaries to the Government on the recommendation
of the Prime Minister who shall obtain nominations from the Royal
Civil Service Commission on the basis of merit and seniority and as
per other relevant rules and regulations; and
(q) Dzongdags on the recommendation of the Prime
Minister who shall obtain nominations from the Royal Civil Service
Commission.
-
The Druk Gyalpo shall abdicate the Throne for willful violations
of this Constitution or for being subject to permanent mental disability,
on a motion passed by a joint sitting of Parliament in accordance
with the procedure as laid down in sections 21, 22, 23, 24 and 25
of this Article.
-
Such motion shall be included in the agenda for discussion at a
joint sitting of Parliament if not less than two-thirds of the total
number of the members of Parliament submit such a motion based on
any of the grounds in section 20 of this Article.
-
The Druk Gyalpo may respond to the motion in writing or by addressing
the joint sitting of Parliament in person or through a representative.
-
The Chief Justice of Bhutan shall preside over the joint sitting
of Parliament mentioned in section 21 of this Article.
-
If, at such joint sitting of Parliament, not less than three-fourths
of the total number of members of Parliament passes the motion for
abdication, then such a resolution shall be placed before the people
in a National Referendum to be approved or rejected.
-
On such a resolution being approved by a simple majority of the
total number of votes cast and counted from all the Dzongkhags in
the Kingdom, the Druk Gyalpo shall abdicate in favour of the heir
apparent.
-
Parliament shall make no laws or exercise its powers to amend this
Constitution so as to affect all or any of the provisions of this
Article.