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Draft Constitution of Bhutan

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 and prevention of all forms of ecological degradation including noise, visual and physical pollution through the adoption of environment friendly practices and ethos.
  2. The Royal Government shall:
  3. (a) Protect, conserve and improve the pristine environment and safeguard the biodiversity of the country;

    (b) Prevent pollution and ecological degradation;

    (c) Secure ecologically balanced sustainable development while promoting justifiable economic and social development; and

    (d) Ensure a safe and healthy environment.

  4. The Government shall ensure that, in order to conserve the country's natural resources and to prevent degradation of the fragile mountain ecosystem, a minimum of sixty percent of Bhutan's total land shall be maintained under forest cover for all time.
  5. Parliament may, in order to ensure sustainable use of natural resources, enact environmental legislation and implement environmental standards and instruments based on the precautionary principle, polluter pay principle, maintenance of intergenerational equity, and reaffirm the sovereign rights of the State over its own biological resources.
  6. 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 6
Citizenship

  1. A person, both of whose parents are citizens of Bhutan, shall be a natural born citizen of Bhutan.
  2. A person, domiciled in Bhutan on or before the Thirty-First of December Nineteen Hundred and Fifty Eight and whose name is registered in the official record of the Government of Bhutan shall be a citizen of Bhutan by registration.
  3. A person who applies for citizenship by naturalization shall:
  4. (a) Have resided in Bhutan for at least fifteen years;

    (b) Not have any record of imprisonment for criminal offences within the country or outside;

    (c) Be able to speak and write Dzongkha;

    (d) Have a good knowledge of the culture, customs, traditions and history of Bhutan;

    (e) Have no record of having spoken or acted against the King, the Country and the People of Bhutan;

    (f) Renounce the citizenship, if any, of a foreign State on being conferred Bhutanese citizenship; and

    (g) Take a solemn Oath of Allegiance to the Tsawa-Sum as may be prescribed.

  5. The grant of citizenship by naturalization shall take effect by a Royal Kasho of the Druk Gyalpo.
  6. If any citizen of Bhutan acquires the citizenship of a foreign State, his citizenship shall be terminated.
  7. Subject to the provisions of this Article and the Citizenship Acts, Parliament shall, by law, regulate all other matters relating to citizenship.

Article 7
Fundamental Rights

  1. A Bhutanese citizen shall have the right to life, liberty and security of person and shall not be deprived of such rights except in accordance with the due process of law.
  2. A Bhutanese citizen shall have the right to freedom of speech, opinion and expression.
  3. A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement.
  4. There shall be freedom of the press, radio and television and other forms of electronic dissemination of information.
  5. A Bhutanese citizen shall have the right to information.
  6. A Bhutanese citizen shall have the right to vote and the exercise of adult franchise.
  7. A Bhutanese citizen shall have the right to freedom of movement and residence within Bhutan.
  8. A Bhutanese citizen shall have the right to equal access and opportunity to join the Public Service.
  9. A Bhutanese citizen shall have the right to own property, but shall not have the right to sell or transfer land or any immovable property to a person who is not a citizen of Bhutan, except in keeping with laws enacted by Parliament.
  10. A Bhutanese citizen shall not be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law.
  11. A Bhutanese citizen shall have the right to material interests resulting from any scientific, literary or artistic production of which he is the author or creator.
  12. A Bhutanese citizen shall have the right to practice any lawful trade, profession or vocation.
  13. A Bhutanese citizen shall have the right to equal pay for work of equal value.
  14. A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association.
  15. All persons are equal before the law and are entitled to equal and effective protection of the law and shall not be discriminated against on the grounds of race, sex, language, religion, politics or other status.
  16. A person charged with a penal offence has the right to be presumed innocent until proven guilty in accordance with the law.
  17. A person shall not be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
  18. A person shall not be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence nor to unlawful attacks on his honour and reputation.
  19. A person shall not be subjected to arbitrary arrest or detention.
  20. Notwithstanding the rights conferred by this Constitution, nothing in this Article shall prevent the State from subjecting reasonable restriction by law, when it concerns:
  21. (a) The interests of the sovereignty, security, unity and integrity of Bhutan;

    (b) The interests of peace, stability and well-being of the nation;

    (c) The interests of friendly relations with foreign States;

    (d) Incitement to an offence;

    (e) The disclosure of information received in regard to the affairs of the State or in discharge of official duties; or

    (f) The rights and freedom of others.

  22. The right to initiate appropriate proceedings in the Supreme Court or High Court against the State for the enforcement of the rights conferred by this Article shall be guaranteed.

Article 8
Fundamental Duties

  1. A Bhutanese citizen shall preserve, protect and defend the sovereignty, integrity, security and unity of Bhutan and render national service when called upon to do so.
  2. A Bhutanese citizen shall have the duty to preserve, protect and respect the culture and heritage of the nation.
  3. A Bhutanese citizen shall foster tolerance, mutual respect and spirit of brotherhood amongst all the people of Bhutan transcending religious, linguistic, regional or sectional diversities.
  4. A person shall respect the National Flag and the National Anthem.
  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.
  6. A person shall have the responsibility to provide help, to the greatest possible extent, to victims of accidents and in times of natural calamity.
  7. A person shall have the responsibility to safeguard public property.
  8. A person shall have the responsibility to pay taxes in accordance with the law.
  9. Every person shall have the duty to uphold justice and to act against corruption.
  10. Every person shall have the duty to act in aid of the law.
  11. Every person shall have the duty and responsibility to respect and abide by the provisions of this Constitution.

Article 9
Principles of State Policy

  1. The State shall endeavour to apply the Principles of State Policy 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 circumstances that will enable the successful 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 freedom of the people.
  4. The State shall endeavour to protect a person from being unlawfully intercepted in telephonic, mail or any other mode of communication.
  5. The State shall endeavour to provide justice through a fair, transparent and expeditious process.
  6. The State shall endeavour to provide legal aid to secure justice, which shall not be denied to any person by reason of economic or other disabilities.
  7. The State shall endeavour to develop and execute policies to minimize inequalities of income, concentration of wealth among citizens, and promote equitable distribution of public facilities among individuals and people living in different parts of the Kingdom.
  8. The State shall endeavour to ensure that all the Dzongkhags are treated with equity on the basis of different needs so that allocation of national resources shall result in comparable socio-economic development.
  9. The State shall endeavour to achieve economic self-reliance within an open and progressive economy.
  10. The State shall encourage and foster private sector development through fair market competition and prevent the growth of commercial monopolies.
  11. The State shall endeavour to promote those circumstances that would enable the citizens to secure an adequate livelihood.
  12. The State shall endeavour to provide the right to work, vocational guidance and training and just and favourable conditions of work.
  13. The State shall endeavour to provide the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
  14. The State shall endeavour to provide the right to fair and reasonable remuneration for one's work.
  15. The State shall endeavour to provide education for the purpose of improving and increasing knowledge, values and skills of the entire population with education being directed towards the full development of the human personality.
  16. The State shall provide free education to all children of school going age up to tenth standard and ensure that technical and professional education shall be made generally available and that higher education shall be equally accessible to all on the basis of merit.
  17. The State shall endeavour to take all appropriate measures to eliminate all forms of discrimination and exploitation against women including trafficking, prostitution, abuse, violence, harassment and intimidation at work in both public and private spheres.
  18. The State shall endeavour to take all appropriate measures to ensure that the child is protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation.
  19. The State shall endeavour to promote those circumstances that are conducive to co-operation in community life and the integrity of the extended family structure.
  20. The State shall strive to create conditions that will enable the true and sustainable development of a good and compassionate society rooted in Buddhist ethos and universal human values.
  21. The State shall provide free access to basic public health services in both modem and traditional medicines.
  22. The State shall endeavour to provide security in the event of sickness and disability or lack of adequate means of livelihood for reasons beyond one's control.
  23. The State shall encourage the free participation in the cultural life of the community to promote the arts and sciences and to foster technological innovation.
  24. The State shall endeavour to promote goodwill and cooperation with nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by peaceful means in order to promote international peace and security.

Article 10
Parliament

  1. There shall be a Parliament for Bhutan in which all legislative powers under this Constitution shall be vested and which shall consist of the Druk Gyalpo, the National Council and the National Assembly.
  2. Parliament shall ensure a Government that safeguards the interests of the nation and fulfills the aspirations of the people through public review of policies and issues, Bills and legislations, and scrutiny of State functions.
  3. The election of the members of Parliament shall be in accordance with the provisions of the Election Act of Bhutan.
  4. A person shall not be a member of the National Council as well as the National Assembly or a Local Government at the same time.
  5. The Druk Gyalpo shall summon the first sitting of Parliament after each general election.
  6. At the commencement of each session of Parliament, the Druk Gyalpo shall be received in a joint sitting of Parliament with Chibdrel Ceremony and the session shall be opened with a Zhug-drel-phunsum tshog-pai ten-drel, and each session shall conclude with the Tashi-mon-lam.
  7. The Druk Gyalpo may address or sit in the proceedings of either House or a joint sitting of Parliament as and when deemed expedient.
  8. The Druk Gyalpo may send messages to either or both the Houses as deemed expedient.
  9. The House receiving the command shall, as early as possible, consider the matter referred to in the message and submit its opinion to the Druk Gyalpo.
  10. The Prime Minister shall present an Annual Report on the state of the nation, which shall include legislative plans and the annual plans and priorities of the Government to the Druk Gyalpo and to a joint sitting of Parliament.
  11. Each House of Parliament may determine its rules of procedure and the Speaker or the Chairperson shall conduct the proceedings of the respective Houses in accordance with the rules and may also provide for appointment of Committees to carry out the business of Parliament.
  12. The Speaker and the Chairperson shall convene an extraordinary session of Parliament on the command of the Druk Gyalpo if the exigencies of the situation so demand.
  13. The presence of not less than two-thirds of the total number of members shall be required to constitute a quorum for a sitting of the National Council or the National Assembly.
  14. The proceedings of Parliament shall be conducted in public. However, the Speaker or the Chairperson may exclude the press and the public from all or any part of the proceedings if there is a compelling need to do so in the interests of public order, national security or any other situation, where publicity would seriously prejudice public interest.
  15. The Speaker shall preside over the proceedings of a joint sitting and the venue for the joint sitting of the Houses shall be the hall of the National Assembly.
  16. The members of Parliament and Local Governments shall take an Oath or Affirmation of Office, as provided in the Third Schedule of this Constitution, before assuming their responsibilities.
  17. The Prime Minister, the Ministers, the Speaker and the Deputy Speaker and the Chairperson of the National Council shall take an Oath or Affirmation of Secrecy, as provided in the Fourth Schedule of this Constitution, before assuming office.
  18. Every member of Parliament shall subscribe to maintaining the decorum and dignity of the House and shall desist from acts of defamation and use of physical force.
  19. The members of Parliament or any Committee thereof, shall be immune from any inquiry, arrest, detention or prosecution on account of any opinion expressed in the course of the discharge of their functions or vote cast in Parliament and no person shall be liable in respect of any report, paper or proceedings made or published under the authority of Parliament.
  20. The immunities herein granted shall not cover corrupt acts committed by the members in connection with the discharge of their duties and shall also not cover other acts of accepting money or any other valuable consideration to speak or to vote in a particular manner.
  21. The National Assembly and the rational Council shall continue for five years from the date of the first sitting of the respective Houses. While the National Council shall complete its five-year term, premature dissolution of the National Assembly may take place on the recommendation of the Prime Minister to the Druk Gyalpo or in the event of a motion of no confidence vote against the Government being passed in the National Assembly.
  22. Except for existing International Conventions, Covenants, Treaties, Protocols and Agreements entered into by Bhutan, which shall continue in force, all International Conventions, Covenants, Treaties, Protocols and Agreements duly acceded to by the Government hereafter, shall be deemed to be the law of the Kingdom only upon ratification by Parliament unless it is inconsistent with this Constitution.

Article 11
The National Council

  1. The National Council shall consist of twenty-five members comprising: (a) One member elected by the voters in each of the twenty Dzongkhags; and (b) Five eminent persons nominated by the Druk Gyalpo.
  2. Besides its legislative functions, the National Council shall act as the House of review on matters affecting the security and sovereignty of the country and the interests of the nation and the people that need to be brought to the notice of the Druk Gyalpo, the Prime Minister and the National Assembly.
  3. All candidates for membership to the National Council shall neither belong to nor have affiliation to any political party.
  4. At the first sitting after any general election, or when necessary to fill a vacancy, the National Council shall elect a Chairperson from among its members.
  5. The Druk Gyalpo shall, by warrant under His hand and seal, confer Dakyen to the Chairperson.
  6. The National Council shall assemble at least twice a year.

Article 12
The National Assembly

  1. The National Assembly shall have a maximum of seventy-five members elected by each Dzongkhag in proportion to its population, provided that no Dzongkhag shall have less than two members or more than seven members, for which purpose Parliament shall, by law, provide for each Dzongkhag to be divided into constituencies through appropriate delimitation, and for the voters in each constituency directly electing one member to the National Assembly.
  2. The number of elected members from each Dzongkhag shall be reapportioned to reflect the changing population after every ten years, after the census for that year has been taken, subject to the limitation of a minimum of two and a maximum of seven members from each Dzongkhag.
  3. At the first sitting after any general election, or when necessary to fill a vacancy, the National Assembly shall elect a Speaker and a Deputy Speaker from among its members.
  4. The Druk Gyalpo shall, by warrant under His hand and seal, confer Dakyen to the Speaker.
  5. The National Assembly shall assemble at least twice a year.

Article 13
Passing of Bills

  1. A Bill passed by Parliament shall come into force upon Assent of the Druk Gyalpo.
  2. Money Bills and financial Bills shall originate only in the National Assembly whereas any other legislative Bills may originate in either House.
  3. A Bill pending in either House shall not lapse by reason of the prorogation of either House.
  4. A Bill shall be passed by a simple majority of the total number of members of the respective House or by not less than two-thirds of the total number of members of both Houses present and voting, in the case of a joint sitting.
  5. Where a Bill has been introduced and passed by one House, it shall present the Bill to the other House within thirty days from the date of passing and that Bill may be passed during the next session of Parliament, In the case of Budget and Urgent Bills, they shall be passed in the same session of Parliament.
  6. Where the other House also passes the Bill, that House shall submit the Bill to the Druk Gyalpo for Assent within fifteen days from the date of passing of such Bill.
  7. Where the other House does not pass the Bill, that House shall return it to the House in which the Bill originated with amendments or objections for re-deliberation which, when passed, shall be presented to the Druk Gyalpo for Assent within fifteen days from the date of passing of such Bill.
  8. Where the House in which the Bill originated refuses to incorporate such amendments or objections of the other House, it shall submit the Bill to the Druk Gyalpo, who shall then command the Houses to deliberate and vote on the Bill in a joint sitting.
  9. Where the other House neither passes nor returns the Bill within the prescribed period under section 5 of this Article, the Bill shall be deemed to have been passed by that House and the House in which the Bill originated shall present the Bill within fifteen days to the Druk Gyalpo for Assent.
  10. Where the Druk Gyalpo does not grant Assent to the Bill, He shall return the Bill with amendments or objections to deliberate and vote on the Bill in a joint sitting.
  11. Upon deliberation and passing of the Bill in a joint sitting, it shall be re- submitted to the Druk Gyalpo for Assent thereto, whereupon Assent shall be granted to the Bill.

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Source: Kuensel Online

 

 

 

 

 
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