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The Judiciary of the Kingdom of Bhutan
The Judiciary of the Kingdom of Bhutan THE JUDICIARY OF THE KINGDOM OF BHUTAN HISTORICAL BACKGROUND - The Bhutanese legal system has a long traditional background, primarily based on Buddhist natural law and Zhabdrung Ngawang Namgyal’s Code from early 17th century. The first comprehensive codified laws known as the Thrimzhung Chhenmo or the Supreme Law was enacted by the National Assembly during the Third Druk Gyalpo, His Majesty Jigme Dorji Wangchuck’s reign. MISSION, POLICIES & OBJECTIVES - The Judiciary aims to 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. INDEPENDENCE - Among others, the independence of the Judiciary is manifested through: (a) Separation of judicial power from the apex to the lowest court; (b) Collective independence (the concept of non-interference, jurisdictional monopoly, transfer jurisdiction, control over judicial administration); (c) Institutional and financial independence; (d) Personnel independence (qualification, selection and training, conditions of services, suspension, removal and disciplinary measures. Security of tenure and protection from arbitrary removal from office); (e) Decentralization of all personnel administration and financial operations to respective courts; and (f) Distinctive court building, distinct kabney and court seal. JURISDICTION The Royal Court of Justice The judicial authority of Bhutan is vested in the Royal Courts of Justice comprising the Supreme Court, the High Court, the Dzongkhag Court and the Dungkhag Court. Other courts and tribunals will be established from time to time by the Druk Gyalpo on the recommendation of the National Judicial Commission. Additional Benches are established in some Dzongkhags and Dungkhags with higher caseload. -
Portrait of a Leader
Portrait of a Leader Portrait of a Leader Through the Looking-Glass of His Majesty’s Decrees Mieko Nishimizu The Centre for Bhutan Studies Portrait of a Leader Through the Looking-Glass of His Majesty’s Decrees Copyright © The Centre for Bhutan Studies, 2008 First Published 2008 ISBN 99936-14-43-2 The Centre for Bhutan Studies Post Box No. 1111 Thimphu, Bhutan Phone: 975-2-321005, 321111,335870, 335871, 335872 Fax: 975-2-321001 e-mail: [email protected] www.bhutanstudies.org.bt To Three Precious Jewels of the Thunder Dragon, His Majesty Jigme Singye Wangchuck, Druk Gyalpo IV, His Majesty Jigme Khesar Namgyel Wangchuck, Druk Gyalpo V and The People of Bhutan, of whom Druk Gyalpo IV has said, “In Bhutan, whether it is the external fence or the internal wealth, it is our people.” The Author of Gross National Happiness, His Majesty Jigme Singye Wangchuck, the Fourth Druk Gyalpo of the Royal Kingdom of Bhutan CONTENTS Preface xi 2 ENVISIONING THE FUTURE 1 To the Director of Health 6 2 To Special Commission 7 3 To Punakha Dratshang 8 4 To the Thrompon, Thimphu City Corporation 9 5 To the Planning Commission 10 6 To the Dzongdas, Gups, Chimis and the People 13 7 To the Home Minister 15 18 JUSTICE BORN OF HUMILITY 8 Kadoen Ghapa (Charter C, issued to the Judiciary) 22 9 Kadoen Ghapa Ka (Charter C.a, issued to the Judiciary) 25 10 Kadoen Ngapa (Chapter 5, issued to the Judiciary) 28 11 Charter pertaining to land 30 12 Charter (issued to Tshering) 31 13 To the Judges of High Court 33 14 To the Home Minister 36 15 Appointment of the Judges 37 16 To -
Parcel-Based Geo-Information System: Concepts and Guidelines
Parcel-based Geo-Information System: Concepts and Guidelines Arbind Man Tuladhar Parcel-based Geo-Information System: Concepts and Guidelines Proefschrift ter verkrijging van de graad van doctor aan de Technische Universiteit Delft, op gezag van de Rector Magnificus prof. dr.ir. J.T. Fokkema, voorzitter van het College voor Promoties, in het openbaar te verdedigen op maandag 11 oktober 2004 om 10.30 uur door Arbind Man TULADHAR, Master of Science in Photogrammetry, International Institute for Aerospace Surveys and Earth Sciences (ITC), Enschede geboren te Kathmandu, Nepal Dit proefschrift is goedgekeurd door de promoteren: Prof.dr.ir. M.J.M. Bogaerts Prof.ir. P. van der Molen Samenstelling promotiecommissie: Rector Magnificus, voozitter Prof.dr.ir. M.J.M. Bogaerts, Technische Universiteit Delft Prof.ir. P. van der Molen, Kadaster en ITC Prof.dr.ir. P.J.M. van Oosterom, Technische Universiteit Delft Prof.dr. I. Masser, ITC en Universiteit Utrecht Prof.mr.ir. J.L.G. Henssen, ITC Dr. M. Radwan, ITC Mr.dr.ir. J.A. Zevenbergen, Technische Universiteit Delft Published and distributed by: ITC Printing Department, Enschede ITC Dissertation Series No. 115 CIP- Data Koninklijke Bibliotheek, Den Haag ISBN: 90 6164 224 8 © 2004 by A. M. Tuladhar All rights reserved. No part of the material protected by the copyright notice may be reproduced or utilized in any other form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system without written permission from the publisher. Printed in the Netherlands Preface Topics on building and operating geo-information systems in an organisation environment have attracted me since the beginning of the 1970s. -
Bhutan's Constitution of 2008
PDF generated: 26 Aug 2021, 16:19 constituteproject.org Bhutan's Constitution of 2008 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:19 Table of contents Preamble . 4 Article 1: Kingdom of Bhutan . 4 Article 2: The Institution of Monarchy . 4 Article 3: Spiritual Heritage . 8 Article 4: Culture . 9 Article 5: Environment . 9 Article 6: Citizenship . 10 Article 7: Fundamental Rights . 10 Article 8: Fundamental Duties . 12 Article 9: Principles of State Policy . 12 Article 10: Parliament . 14 Article 11: The National Council . 15 Article 12: The National Assembly . 16 Article 13: Passing of Bills . 16 Article 14: Finance, Trade and Commerce . 17 Article 15: Political Parties . 17 Article 16: Public Campaign Financing . 19 Article 17: Formation of Government . 20 Article 18: The Opposition Party . 20 Article 19: Interim Government . 20 Article 20: The Executive . 21 Article 21: The Judiciary . 22 Article 22: Local Governments . 23 Article 23: Elections . 25 Article 24: Election Commission . 26 Article 25: The Royal Audit Authority . 27 Article 26: The Royal Civil Service Commission . 27 Article 27: The Anti-Corruption Commission . 28 Article 28: Defence . 28 Article 29: The Attorney General . 29 Article 30: The Pay Commission . 29 Article 31: Holders of Constitutional Offices . 29 Article 32: Impeachment . 30 Bhutan 2008 Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:19 Article 33: Emergency . 30 Article 34: National Referendum . 31 Article 35: Amendment & Authoritative Text . 31 Schedule 1: The National Flag and the National Emblem of Bhutan . -
1 Father Estevao Cacella's Report on Bhutan in 1627
FATHER ESTEVAO CACELLA'S REPORT ON BHUTAN IN 1627 Luiza Maria Baillie** Abstract The article introduces a translation of the account written in 1627 by the Jesuit priest Father Estevao Cacella, of his journey with his companion Father Joao Cabral, first through Bengal and then through Bhutan where they stayed for nearly eight months. The report is significant because the Fathers were the first Westerners to visit and describe Bhutan. More important, the report gives a first-hand account of Shabdrung Ngawang Namgyel, the Founder of Bhutan. Introduction After exploring the Indian Ocean in the 15th century, the Portuguese settled as traders in several ports of the coast of India, and by mid 16th century Jesuit missionaries had been established in the Malabar Coast (the main centres being Cochin and Goa), in Bengal and in the Deccan. The first Jesuit Mission disembarked in India in 1542 with the arrival of Father Francis Xavier, proclaimed saint in 1622. * Luiza Maria Baillie holds a Bachelor of Arts Degree in English and French from Natal University, South Africa, and a Teacher's Certificate from the College of Education, Aberdeen, Scotland. She worked as a secretary and a translator, and is retired now. * Acknowledgements are due to the following who provided information, advice, encouragement and support. - Monsignor Cardoso, Ecclesiastic Counsellor at the Portuguese Embassy, the Vatican, Rome. - Dr. Paulo Teodoro de Matos of 'Comissao dos Descobrimentos Portugueses'; Lisbon, Portugal. - Dr. Michael Vinding, Counsellor, Resident Coordinator, Liaison Office of Denmark, Thimphu. 1 Father Estevao Cacella's Report on Bhutan in 1627 The aim of the Jesuits was to spread Christianity in India and in the Far East, but the regions of Tibet were also of great interest to them. -
Guidelines for Implementation of Section
ELECTION COMMISSION OF BHUTAN Guidelines for Implementation of Section 179 (A) & (G) of the Election Act of Kingdom of Bhutan Relating to Disqualification of Nominations of Voters Convicted for Criminal Offence or Pending Criminal Charges, 2018. Contents 1. Introduction .......................................................................................................................... 1 2. Title and Extent of Application .................................................................................... 1 3. Legal Provisions ................................................................................................................. 2 4. Purpose ................................................................................................................................... 3 5. Definition .............................................................................................................................. 3 6. Holders of an Elective Office ........................................................................................ 5 7. Criminal Conviction ......................................................................................................... 5 8. Sentence of Imprisonment .............................................................................................. 5 9. Affidavit ................................................................................................................................. 6 10. Competent Authority ....................................................................................................... -
Civics Education in Bhutan: Student Knowledge and Stakeholder Perspectives
CIVICS EDUCATION IN BHUTAN: STUDENT KNOWLEDGE AND STAKEHOLDER PERSPECTIVES Rinzin Wangmo Bachelor of Arts (English Honours), Sherubtse College, Bhutan Postgraduate Certificate in Education, National Institute of Education, Bhutan Master of Education, University of New England, Australia A thesis submitted for the degree of Doctor of Philosophy University of New England School of Education December 2016 Acknowledgements Studying for a PhD can never be a lone experience of intellectual progress and creative process. I’ve been lucky since the moment I decided to explore opportunities to pursue this modest research in the uncharted field of civics and citizenship education in Bhutan. I’m grateful to many for helping me reach thus far in my personal quest of learning. First and foremost, and perhaps even to end with, I’m highly indebted to the University of New England (UNE) for their gracious scholarship supplemented with all other necessary support during my entire stay in Armidale. I am grateful to the Division Chief, Ms. Phuntsho Lhamo, for having full confidence in me to take up this opportunity. I thank her for believing that I would not falter halfway through. Equally, my gratitude to the Ministry of Education, especially Aum Sangay Zam, former Secretary, and Dasho Karma Yeshey, present Secretary, for formal approval of my study. I am indebted to Mr. Dhendup Tshering, deputy HRO, from the Human Resource Division, for all the paperwork that made it an easy and straightforward case for RCSC to grant study leave. I thank RCSC for its gracious consideration of my study leave. Following commencement of the real work at UNE, I received tremendous support from many. -
1-2002 Budget by the Finance Minister
ENGLISH TRANSLATION OF THE RESOLUTION OF THE 80 TH SESSION OF THE NATIONAL ASSEMBLY CONTENTS SL. NO SUBJECT PAGE NUMBER I. INAUGURAL CEREMONY ..................................................................... 3 II. REPORT BY THE CHAIRMAN OF THE COUNCIL OF MINISTERS ON THE PERFORMANCE OF THE GOVERNMENT IN THE PAST YEAR ...... 4 III. REPORT BY THE CHAIRMAN OF THE COUNCIL OF MINISTERS ON THE NINTH FIVE YEAR PLAN ............................................................... 7 IV. PRESENTATION OF THE NATIONAL BUDGET FOR THE FINANCIAL YEAR 2002-2003 AND THE REPORT ON THE 2001-2002 BUDGET BY THE FINANCE MINISTER ................................................................... 11 V. ISSUES RELATED TO DEVELOPMENT ACTIVITIES ........................... 18 1. Road Construction ........................................................................... 18 i. Gyelposhing-Nganglam motor road .................................................. 18 ii. Getana-Bongo motor road ................................................................ 19 2. Relocation of mini hydropower station ............................................. 20 VI. ULFA-BODO PROBLEM ..................................................................... 21 VII. HARASSMENT OF PEOPLE IN LHAMOZINGKHA DUNGKHAG BY POLICE ACROSS THE BORDER ......................................................... 32 VIII. JOINT VERIFICATION OF THE PEOPLE IN CAMPS IN NEPAL ............ 36 IX. NEW NATIONAL ASSEMBLY BUILDING ............................................. 39 X. BORDER TALKS ................................................................................ -
Technical Paper II –
ROYAL CIVIL SERVICE COMMISSION BHUTAN CIVIL SERVICE EXAMINATION (BCSE) 2010 EXAMINATION CATEGORY: TECHNICAL PAPER II: GENERAL SUBJECT KNOWLEDGE FOR LL.B. Date : 23rd November 2010 Total Marks : 100 Reading Time : 15 Minutes Examination Time : 1 hour and 30 minutes ______________________________________________________________________________ INSTRUCTIONS 1. You have fifteen (15) minutes to read the instructions, clarify doubts, make sure that you have all thirteen (13) pages, and check to see if there is any printing error. This questionnaire has thirteen (13) pages. DO NOT write during this time. 2. This questionnaire is in SECTIONS A and B. Section A with seventy (70) multiple choice questions of one (1) mark each (numbered 1-70), and section B with ten (10) short questions of three (3) marks each (numbered 1-10). Answer ALL questions from sections A and B. 3. All answers MUST be written in the answer booklets. You will NOT be given any credit for an answer written other than in the answer booklets. DO NOT write anything on the question paper. 4. Write legibly. Evaluator/s cannot give credit for an answer that they cannot read. 5. Make sure your roll number appears in the space provided in your answer booklets. 6. Use either BLUE or BLACK ink pen. ______________________________________________________________________________ SECTION A Answer ALL questions. Indicate question number. Choose and write the correct answer. 1. Which of the following are sources of law? a) Only treaties and conventions b) Only customs and precedents c) Both (a) and (b) Page 1 of 13 2. An expression that is understood as the authority from which the laws derive their force: a) Forces of law b) Sources of law c) Authority of law 3. -
THE CONSTITUTION of BHUTAN: Principles and Philosophies by LYONPO SONAM TOBGYE
THE CONSTITUTION OF BHUTAN: Principles and Philosophies by LYONPO SONAM TOBGYE PREFACE The Constitution of the Royal Kingdom of Bhutan encapsulate the people’s aspiration to preserve the sovereignty and indelible identity of Bhutan, the Monarchy’s adherence to the concept of grass-root level democracy and the decision of His Majesty Jigme Singye Wangchuck, the Fourth Druk Gyalpo to effectively transfer power to the people by giving to them the fundamental charter. As the Chairman of the Drafting Committee, I was associated with “the making” of the Constitution under the guidance of His Majesty and had occasion to traverse the long route from the past to the present. The book chronicles the long history of Bhutan, from beyond 1907, when the first hereditary Monarch was installed and its onward march. It also narrates its traditions, culture, philosophy based in Buddhist ideology and precepts. The people to uphold Bhutan’s unique identity and the unrivalled role of the Monarchs in holding the peoples’ rights as sacrosanct and divine preserving, protecting, and sustaining the rights of the people for all times to come. The book explains the intent and the concept which are at the root of each provision of the Constitution. The book underscores the reality that the Constitution is indeed the Supreme Law of the nation and throws light on the structure of polity. It has been carved out in the Constitution to maintain a harmonious equity between the State and the Citizens. The book wends its way from the past to the present and covers the active involvement of Their Majesties and the people (interactive sessions). -
Proceedings and Resolutions of the 72Nd Session of the National Assembly of Bhutan [ 8 Th July - 30 Th July, 1993 ]
PROCEEDINGS AND RESOLUTIONS OF THE 72ND SESSION OF THE NATIONAL ASSEMBLY OF BHUTAN [ 8 TH JULY - 30 TH JULY, 1993 ] I. OPENING CEREMONY The 72nd Session of the National Assembly began on the 19th day of the 5th month of the Female Water Bird Year corresponding to 8th July, 1993. The session was opened with the performance of the auspicious ceremony of the Shugdrel Phuntshom Tshogpai Tendrel. In his opening address, the Speaker of the National Assembly, Dasho Passang Dorji, welcomed His Majesty the King, the representatives of the Central Dratshang and the Rabdeys, ministers and officials representing the government and the representatives of the people. He also welcomed the 20 newly elected Chimis and the Dzongkhag candidates for the Royal Advisory Council and wished them Tashi Delek. The Speaker noted that most of the points and proposals submitted by the Chimis (people’s representatives) of the different Dzongkhags reflected the people’s deep concern over the threat posed by the ngolop problem to the peace, security and prosperity of the country. While it was indeed a cause for much pain and sadness that the ngolop problem had arisen from the Lhotsham Dzongkhags, the ngolops had so far not been able to do any harm to the security of the country. This was due to the blessings of the Guardian Deities of the Kingdom, the wise, far-sighted and dedicated leadership of His Majesty the King and the good fortune of the people. It was at times like this that the deep and abiding bond of faith, trust and loyalty between the people and their King always prevailed and overcame whatever threats were posed to the country. -
Civil and Criminal Procedure Code of Bhutan 2001 English Version
འག་ག་ཞི་ོད་དང་ཉས་ོད་་བའི་གནད་ོད་ི་ིམས་དབ། ༢༠༠༡། THE CIVIL AND CRIMINAL PROCEDURE CODE OF BHUTAN, 2001 དཔལ་Úན་འག་གང་། Royal Government of Bhutan “Establish a justice devoid of bias or partiality” Zhabdrung Ngawang Namgyel THE CIVIL AND CRIMINAL PROCEDURE CODE OF BHUTAN, 2001 PREAMBLE We, the People, the Dratsang, and the Royal Government of Bhutan, in Order to ‘maintain the quality of an unimpaired flowing of heavenly stream of Justice’ and ensure domestic Tranquility to ourselves and our Posterity, do ordain and establish this Civil and Criminal Procedure Code for the Kingdom of Bhutan. PRELIMINARY 1. Short Title, Commencement and Extent 1.1. This Code shall: (a) be called THE CIVIL AND CRIMINAL PROCEDURE CODE OF BHUTAN, 2001; (b) come into force in the year of the Female Iron Snake Year , Sixth Month, the Third Day, corresponding to the Twenty- Third day of July, 2001; and (c) apply to all persons throughout the territory of Bhutan or otherwise within the judicial reach of the Royal Courts of Justice of Bhutan. 1.2. The provisions of OM, AA and HUNG of the Thrimzhung Chhenmo , 1959, are inviolable by this Code. Amendment 1.3. The provisions of the following sections of law are hereby, amended: (a) Chapter 11(1) & 11(2) except Da 2-12 of the Thrimzhung Chhenmo , 1959; (b) Section Pa 5 of the Thrimzhung Chhenmo , 1959; and (c) Sections 13, 19, 27, 28, 29, and 30 of the Bhutan Police Act, 1980. PART I GENERAL PROCEDURES CHAPTER 1 Principles of the Judiciary The Independence of the Judiciary 2.