LUNGTEN DUBGYUR Fourth Attorney General 2020
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Technical Paper II –
PAPER II: GENERAL SUBJECT KNOWLEDGE for LAW GRADUATES (Technical Category) ROYAL CIVIL SERVICE COMMISSION BHUTAN CIVIL SERVICE EXAMINATION (BCSE) 2013 EXAMINATION CATEGORY: TECHNICAL PAPER II: GENERAL SUBJECT KNOWLEDGE for LAW GRADUATES Date : 13 October 2013 Total Marks : 100 Examination Time : 90 minutes (1.5 hours) Reading Time : 15 minutes (prior to examination time) GENERAL INSTRUCTIONS 1. Write your Registration Number clearly and correctly in the Answer Booklet. 2. The first 15 minutes are to check the number of pages, printing errors, clarify doubts and to read the instructions in Question Paper. You are NOT permitted to write during this time. 3. This paper consists of TWO Parts, namely Part I and Part II. Part I consists of 70 Multiple Choice Questions of 1 (one) mark each; and Part II consists of 10 Short Answer questions of 3 (three) marks each. 4. All questions are compulsory. 5. All answers must be written in the Answer Booklet provided to you. You will not be given any marks for answers written other than in the Answer Booklet. Ask for additional Answer Booklet if required. 6. All answers should be written with correct numbering of Part, Section and Question Number in the Answer Booklet provided to you. Note that any answer written without indicating any or correct Part, Section and Question Number will NOT be evaluated and no marks would be awarded. 7. Begin each Part in a fresh page of the Answer Booklet. 8. You are not permitted to tear off any sheet(s) of the Answer Booklet as well as the Question Paper. -
Development and Its Impacts on Traditional Dispute Resolution in Bhutan
Washington University Journal of Law & Policy Volume 63 New Directions in Domestic and International Dispute Resolution 2020 Formalizing the Informal: Development and its Impacts on Traditional Dispute Resolution in Bhutan Stephan Sonnenberg Seoul National University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Comparative and Foreign Law Commons, and the Dispute Resolution and Arbitration Commons Recommended Citation Stephan Sonnenberg, Formalizing the Informal: Development and its Impacts on Traditional Dispute Resolution in Bhutan, 63 WASH. U. J. L. & POL’Y 143 (2020), https://openscholarship.wustl.edu/law_journal_law_policy/vol63/iss1/11 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. FORMALIZING THE INFORMAL: DEVELOPMENT AND ITS IMPACTS ON TRADITIONAL DISPUTE RESOLUTION IN BHUTAN Stephan Sonnenberg* INTRODUCTION Bhutan is a small landlocked country with less than a million inhabitants, wedged between the two most populous nations on earth, India and China.1 It is known for its stunning Himalayan mountain ranges and its national development philosophy of pursuing “Gross National Happiness” (GNH).2 This paper argues, however, that Bhutan should also be known for its rich heritage of traditional dispute resolution. That system kept the peace in Bhutanese villages for centuries: the product of Bhutan’s unique history and its deep (primarily Buddhist) spiritual heritage. Sadly, these traditions are today at risk of extinction, victims—it is argued below—of Bhutan’s extraordinary process of modernization. -
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. -
Bhutan's Political Transition –
Spotlight South Asia Paper Nr. 2: Bhutan’s Political Transition – Between Ethnic Conflict and Democracy Author: Dr. Siegried Wolf (Heidelberg) ISSN 2195-2787 1 SSA ist eine regelmäßig erscheinende Analyse- Reihe mit einem Fokus auf aktuelle politische Ereignisse und Situationen Südasien betreffend. Die Reihe soll Einblicke schaffen, Situationen erklären und Politikempfehlungen geben. SSA is a frequently published analysis series with a focus on current political events and situations concerning South Asia. The series should present insights, explain situations and give policy recommendations. APSA (Angewandte Politikwissenschaft Südasiens) ist ein auf Forschungsförderung und wissenschaftliche Beratung ausgelegter Stiftungsfonds im Bereich der Politikwissenschaft Südasiens. APSA (Applied Political Science of South Asia) is a foundation aiming at promoting science and scientific consultancy in the realm of political science of South Asia. Die Meinungen in dieser Ausgabe sind einzig die der Autoren und werden sich nicht von APSA zu eigen gemacht. The views expressed in this paper are solely the views of the authors and are not in any way owned by APSA. Impressum: APSA Im Neuehnheimer Feld 330 D-69120 Heidelberg [email protected] www.apsa.info 2 Acknowledgment: The author is grateful to the South Asia Democratic Forum (SADF), Brussels for the extended support on this report. 3 Bhutan ’ s Political Transition – Between Ethnic Conflict and Democracy Until recently Bhutan (Drukyul - Land of the Thunder Dragon) did not fit into the story of the global triumph of democracy. Not only the way it came into existence but also the manner in which it was interpreted made the process of democratization exceptional. As a land- locked country which is bordered on the north by Tibet in China and on the south by the Indian states Sikkim, West Bengal, Assam and Arunachal Pradesh, it was a late starter in the process of state-building. -
Table of Contents Joint Sitting
Table of Contents Joint Sitting ............................................................................ 1 1. The Child Adoption Bill of Bhutan 2012 ............................ 1 2. Sales Tax, Customs and Excise Duty (Amendment) Bill of Bhutan, 2011 ...................................................................... 8 3. Public Finance (Amendment) Bill of Bhutan, 2011 .......... 13 4. Election (Amendment) Bill of Bhutan 2012 ..................... 22 5. Election (Amendment) Bill of Bhutan 2012 ..................... 24 6. Tobacco Control (Amendment) Bill of Bhutan 2012 ........ 26 National Assembly………………………………………..….31 1. Consumer Protection Bill of Bhutan, 2011 ....................... 31 2. Tobacco Control (Amendment) Bill of Bhutan 2011 ........ 40 3. Education City Bill of Bhutan, 2011................................. 42 4. Disaster Management Bill of Bhutan, 2011 ...................... 49 5. Druk Gyalpo’s Relief Fund Bill, 2011 .............................. 63 6. RAMSAR Convention on Wetlands ................................. 67 JOINT SITTING 1. THE CHILD ADOPTION BILL OF BHUTAN 2012 Hon Speaker in his opening address to the Joint Sitting said that the Joint Sitting was convened in accordance with Article 13 (8) of the Constitution to discuss the disputed Bills. He said that the 1) Child Adoption Bill of Bhutan, 2) Sales Tax, Customs and Excise Duty (Amendment) Bill of Bhutan, 3) Public Finance (Amendment) Bill of Bhutan and Election (Amendment) Bill of Bhutan were discussed in both the Houses but during the deliberation the members could not reach to consensus on some sections of the Bill. The Adoption Bill of Bhutan 2011 was first deliberated in National Council during the 6th session, dated 29/11/2010 and 02/12/2010. It was then transmitted to the National Assembly in accordance with Article 13(5) of the Constitution of the Kingdom of Bhutan along with 73 amendments including 8 new sections. -
Bhutanese Peoples' Suggestions
MESSAGE The “Bhutanese Peoples’ Suggestions” as a response to the unveiling of the “Draft Constitution” of the Kingdom of Bhutan is well written, given the twenty-first century global scenario. In consideration of the situation of Bhutan, the initiatives and efforts of the National Front for Democracy, Bhutan (NFD-Bhutan), using all the available resources, input from the Bhutanese senior citizens, intellectuals, former parliamentarians, expertise of local and the international intellectuals, are highly laudable. This reflects true aspirations of the people. It is hoped that the forthcoming interim government, will give due consideration to the democratic aspirations of the Bhutanese people. On behalf of the members of the Bhutanese Movement Steering Committee (BMSC) and on my own behalf, I have the privilege of supporting the formal declaration and release of the “Peoples’ Suggestions”. Mechi Bridge, Indo-Nepal Border July 17, 2006 (Tek Nath Rizal) Chairman (BMSC) Former Royal Advisory Councilor Twenty-five member drafting committee Sl. No. Names Portfolio Home address Block/ Dzongkhag/ Geog District 01. DashoThinley Penjore Chairman Thimthrom Thimphu 02. Mr. Balaram Paudyal Vice Chairman Bara Samtse 03. Mr. D.B. Rana Sangpang Vice Chairman Leopani Sarbhang 04. Gup Khila Vice Chairman Kurje Bumthang 05. Mrs. Jasoda Budathoki Woman Rep. Gaylegphug Sarbhang 06. Mr. Gopal Gurung Genl. Secretary Emirey Dagana 07. Mr. Narad Adhikari Genl. Secretary Goshi Dagana 08. Lopon Rinzin Dorji Genl. Secretary Rangzhikhar Trashigang 09. Mr. Tenzin G. Zangpo Genl. Secretary Tongzhang Trashi Yangtse 10. Mr. Kin Dorji Member Khar Pema Gatshel 11. Mr. Jagirman Lama Genl. Secretary Goshi Dagana 12. Mr. Padam Rizal Member Suntaley Dagana 13. -
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. -
Annual Report, 2018
“Law is not confined to the courts or the legislatures that draft them. Law is like the air that every person breathes at every moment. Its presence is unnoticed but its absence will be lethal. We must respect law and law must be upheld without question just as we do not question the need to breathe.” st - His Majesty the Druk Gyalpo’s address to the National Judicial Conference on 21 July, 2010. ANNUAL REPORT 2018 | i “Mirror and Vajra” as office logo has religious and temporal or secular significance, historical bearing and legal relevance. The mirror symbolizes transparency, which reveals everything and reflects the actual deeds of a person irrespective of his/her representation. It is believed that Guru Rinpoche had used the Vajra to tame the devils. Analogically, Vajra symbolizes the indestructible, firmness and unwavering nature of law to tame the demonic forces and wrong doers. The caption “Seek Truth & Ensure Justice” below the pictorial logo signifies that the function of the Office of the Attorney General is to seek truth in every dispute/case and ensure that justice is sought through due process of law and lawful conduct of the State. The black colour in the background of the logo symbolizes the power of the authority to act. ANNUAL REPORT 2018 | ii TABLE OF CONTENT Attorney General’s Review 1 Vision 5 Mission & Values 6 Organization Chart 7 1. DEPARTMENT OF JUSTICE 7 1.1 Prosecution and Litigation Division (PLD) 7 1.2 Property and Judgment Enforcement Section (PJES) 23 1.3 Media and Information Services 23 1.4 Library Section 24 2. -
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 . -
Review of Judicial Reforms in Bhutan
Review of Judicial reforms in Bhutan By: Lungten Dubgyur I. Introduction This paper highlights some of the important judicial reforms initiated in Bhutan. It outlines briefly the process of Bhutanese judicial reform and its modern evolution. It discusses the practical ways by which the performance of courts has been enhanced and its pragmatic approach towards ensuring that the courts are both efficient and user-friendly. Many of the reforms of the Judiciary were directed from the throne and His Majesty the King has consistently sought to ensure that Bhutan has an efficient and progressive judicial system. In obedience to the Royal Commands, the judicial system and judicial process in Bhutan has been streamlined and strengthened. The Judiciary is continuously undergoing change: courts modernized, judicial quality improved through training, court procedures simplified and accountability enhanced. Consequently, court cases in Bhutan are now being efficiently dealt with as a result of the structural and institutional reforms. II. Procedural Reforms In the modern era of judicial mechanism and management, the Bhutanese judicial system recognised the significance of having a simplified procedure in both civil and criminal cases. In the absence of any specific external influences on the Bhutanese legal system, we have been able to introduce a system appropriate to both the courts and its users. It reflects the ability of the judiciary to mould the system to correspond with the contemporary values and the emerging needs of the Bhutanese society based on our rich heritage of dispute resolution. Bhutanese courts maintain and uphold the law in what is called a “serviceable state" keeping in view the community aspirations. -
Thrims Khang and the Setting for Justice: the Spatial Evolution of the Courts of Justice in Bhutan
Thrims khang and the Setting for Justice: The Spatial Evolution of the Courts of Justice in Bhutan Richard W Whitecross Introduction On 16 June 2014 a ceremony was held to inaugurate the new Supreme Court complex in Thimphu. The Supreme Court complex represents the most recent expression, if not the culmination, of a process of court design and judicial architecture in Bhutan. The evolution of the design and construction of Bhutanese courthouses1 is an important, if overlooked, feature of the modernisation of the Bhutanese legal system. Even more than the creation of new demarcated spaces for the operation, display and manifestation of judicial authority, the modern courthouses are part of a broader programme that underpins the ongoing process of democratisation. In this chapter, the role and function of the courthouse and courtroom in Bhutan is considered from a brief consideration of the dzongs established to secure the power of the Drukpa state, the changing engagement between ordinary people and the formal structures of the state and state law and the relationship between the Bhutanese state, its judiciary and foreign donors and advisors. The approach adopted in this chapter draws on studies on architecture, history and legal history and seeks to consider what new understandings can be gained in the development of court architecture as part of the promotion of the Rule of Law. This chapter intentionally draws on studies of court architecture from beyond Bhutan and the immediate region to illustrate how Bhutan has sought to accommodate, engage with and adapt to existing and emerging perspectives on court architecture and its presentation of judicial and state power.