As Nepal watches its king toss democracy out of the window, his next-door neighbour, the King of Bhutan, is pushing for political reform through the adoption of a Constitution that divests authority from the monarchy. It fixes 65 as the king’s retirement age, provides for Parliament, a two-party system and 21 fundamental rights covering free speech, freedom of the press, the right to information and even the right to privacy.
The draft of the Constitution—work started on it in 2001—was prepared by a 39-member committee headed by the Chief Justice. Bhutan does not have a written Constitution.
King Jigme Singye Wangchuk, who became king in 1972, has opted—by prevalent standards in his kingdom—for a fairly liberal approach through a Constitution that allows the monarch to proclaim emergency on the ‘‘written advice’’ of the Prime Minister. But this has to be cleared by a two-thirds majority of Parliament within 21 days of its first meeting after such a proclamation.
The Constitution also caters for a process to remove a monarch. However, this can be done only if the King is perceived to have flouted the Constitution or suffers from any permanent mental disability. He is otherwise exempt from being answerable in any court of law as his actions and person shall be ‘‘sacrosanct’’.
On any of the two grounds for removal of the king, a motion has to be passed by a three-fourths majority in a joint session of Parliament. This will be followed by a national referendum where the resolution must obtain a simple majority for the King to abdicate in favour of the heir apparent.
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The draft Constitution makes it clear that the ‘‘Golden Throne’’ of Bhutan will vest with the descendants of Ugyen Wangchuk, the great grandfather of the present King. It also provides for a princess to become queen of Bhutan though a prince would take precedence.
There is, however, the condition that the crown will not pass on to a prince or princess who marries a non-Bhutanese. A crown prince will be eligible to become king on attaining the age of 21 while a sitting monarch will have to retire at the age of 65. Wangchuk is now 50. However, the monarch can continue if the royal heir has not come of age.
The Constitution lists 21 fundamental rights, including the right to information, right to privacy, freedom of press, radio and television and other forms electronic dissemination of information. It also gives the right to freedom of thought, conscience and religion while identifying Buddhism as the ‘‘spiritual heritage’’ of Bhutan.
This apart, there is list of fundamental duties as well as a set of Principle of State Policy in Article 9. The latter interestingly mentions that the state will ‘‘encourage’’ and ‘‘foster’’ private sector development through ‘‘fair market competition’’.
As a unique feature, Article 5 of the draft Constitution is devoted to environment and makes it mandatory on the government to ensure that a minimum of 60 per cent of Bhutan’s total land should be under forest cover at any given time to prevent degradation of the country’s fragile ecosystem.
The Bhutan King will be the supreme commander of the armed forces while the police will come under the Home Ministry. The Constitution has left it open for the parliament to enact a law making it mandatory for all adults to serve a certain period in the military.
Bhutan has opted for a two-party system to fill up its 75-member National Assembly (lower house). However, the draft Constitution suggests two rounds of elections. In the primary elections, any registered political party can contest but only the top two parties will qualify for the general election. While the part with the majority gets to form the government, the other will play the role of the opposition.
The two-party system translates into greater powers for the Leader of the Opposition who will be part of important bodies like the regency council and the select group of officials who are empowered to recommend names for the posts of chief election commissioner, auditor general and other key constitutional offices.
The National Council (upper house) will have a strength of 25, a representative from each of the 20 districts and five nominated by the king. These members are not supposed to have any political affiliation.