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First draft of the Constitution submitted
December 2002
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First draft of the Constitution submitted to His Majesty
December 2002
Draft Committee
The members of the drafting committee
The first draft of the Constitution of the Kingdom of Bhutan was formally submitted to His Majesty the King by the constitution drafting committee in an auspicious ceremony in the Throne Room of Tashichhodzong on December 9, the fifth day of the 11th Bhutanese month. The chairman of the constitution drafting committee, Chief Justice Lyonpo Sonam Tobgye, said that the committee, representing the monastic community, the people, and government, had drawn deeply from the profound wisdom and foresight and the wise counsel they had received from His Majesty the King who commanded the drafting of the Constitution one year ago.

"We were inspired by His Majesty's personal initiatives to ensure that our nation continues to enjoy a dynamic and popular political system which involves all the people in the governance of the nation," said the chief justice. "We share His Majesty's vision of a nation which enjoys economic prosperity, intellectual capacity, spiritual health, domestic tranquillity, and justice to ensure the happiness and well being of the people for all time."

The committee completed the first draft of the Constitution after extensive discussions over six special sittings.

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First draft of the Constitution completed

December 2002

Lyonpo Sonam Tobgye said the draft Constitution had evolved through intense deliberations on the principles of state policies, rights and duties of citizens, religious pluralism and the state monastic community, separation of powers of the main organs of state, the concept of democratic government based on party systems, political neutrality of the civil service, autonomy of the constitutional offices, local governance and decentralisation, the structure of government, power and authority of the state apparatus.

He added that the committee, which had conducted its discussions with complete autonomy, was proud of the draft which was drawn largely from the Bhutanese experience as well as from a study of numerous existing Constitutions. "While it was a daunting realisation that the religious and cultural heritage of the country, the security and sovereignty of the kingdom, and the well being of the people would depend on the institutions, provisions, and procedures established by the Constitution we drew our strength from His Majesty's trust and confidence in us," said Lyonpo Sonam Tobgye.

The committee also submitted to His Majesty the King a proposal to establish new institutions and legislation to maintain the "neutrality of the constitutional bodies and those who work in them". These would include an election commission and election act, the reformation of the royal civil service commission and appointment of new members, enactment of the judiciary act and legislative service act to delineate the powers of the judiciary and legislature from the executive, and establishment of various other constitutional bodies and legislation to create the right professional environment for the Constitution. The members of the committee also submitted that they sought the wisdom of His Majesty the King to further refine the Constitution. As a fundamental law for the kingdom, the draft would need to be strengthened with the profound vision of His Majesty the King.

The speaker of the National Assembly, Dasho Ugyen Dorji, said that the people were genuinely concerned about the impact of change which was to be ushered in at a time when the nation was enjoying unprecedented peace and stability. For example, the recent election of gups had revealed several negative trends which could grow as a result of vested interests and numerous forms of corruption and political wrangling. It was important, therefore, that the Constitution provided safeguards, including the proposed new institutions and systems, against some of these debilitating problems.

The chairman of the royal advisory council, Dasho Rinzin Gyeltshen, said that the people were concerned about how the Constitution would affect the Monarchy and they were also disturbed by the idea of political parties, believing that party politics would be unhealthy for a small country like Bhutan.

The National Assembly secretary, Dasho Tashi Phuntshog, said that, judging by the experiences of other countries, a Constitution alone did not ensure unity which was the ultimate criteria for peace and stability in the kingdom. Bhutan's Constitution must, therefore, draw from Bhutan's own experience. For example, an indisputable element of Bhutanese history was that the kingdom had enjoyed peace and prosperity because of the establishment of hereditary Monarchy. It was critical that the Bhutanese Monarch, the symbol of unity of the Bhutanese system, continued to play an important role within the Constitution.

"His Majesty the King must fill in the voids where the Constitution is silent," said the Wangduephodrang chimi. Formally accepting the first draft of the Constitution, His Majesty the King noted that the draft had been drawn up by the committee completely independent of all influences. His Majesty said that he had deliberately avoided any involvement in the drafting process as the Constitution would have to be finalised jointly by the government, the people, and His Majesty the King. During the discussions after the formal presentation ceremony, His Majesty the King asked the committee members to share their honest views on all matters related to the Constitution and its contents..

This article was contributed by Kuensel, Bhutan's National Newspaper, 2002

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