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Bhutan's National Assembly: The Speaker
August 2004
82th National Assembly debated and decided:

The existing Speakers Act of 1996 was repealed when the members voted 99 to 43 to introduce a new 2004 Act in which several significant clauses were also changed after intensive debate.

On the eligibility of candidates for the post of Speaker, the Assembly resolved that, instead of all 150 members who are currently eligible, only the elected members would now be eligible. The decision leaves only the chimis and the royal advisory councillors eligible for the post.

The Assembly also decided that there must be a minimum of two candidates when the Assembly votes for the Speaker. The members agreed that a "naturalised" Bhutanese citizen should not hold the post of Speaker and the Speaker should not be married to a non-Bhutanese.

While the new Act did not mention the educational qualification of the Speaker the members agreed, after debate, that the Speaker must be proficient in both Dzongkha and English.

In case candidates win an equal number of votes the process will be repeated and, if the last two candidates tie, the Speaker will be decided by drawing lots. If there are just two candidates, they will not be allowed to withdraw their candidatures.

The Speaker will hold office for a term of five years, instead of the present term of three years, and will be eligible for a second five-year term if re-elected.

The Act also establishes a code of conduct for the Speaker. The code of conduct states that the Speaker shall not engage in any other "employment or gainful activity other than those that are already in ones control".
During this debate it was proposed that this would be amended and included in the Lhengye Zhungtsho Act and that both Acts would be endorsed together in the next session of the Assembly.
Apart from moderating the daily discussions and ensuring discipline among the members, the Speaker has the power to suspend a member for a day or for the entire session, according to the rules of National Assembly.
The Speaker can form an investigative committee to check on a member alleged to be of discredit to the National Assembly.
He can also convene the National Assembly in case of an emergency, with His Majestys approval.
The Speaker can be removed through a vote based on a written petition signed by one-third of the members of the Assembly. The petition should, however, contain specific reasons for requesting the removal of the Speaker. The reasons could vary from Speakers personal incapacity to abuse of office to intentional violation of constitutional provisions.The Act also includes a detailed election procedure for the Speaker, an oath of allegiance, and the Speakers power, functions and responsibilities.
The Speaker is entitled to all the privileges and status of a cabinet minister.

The Act also holds a provision for a Deputy Speaker who will be elected from among the elected members. Unlike the Speaker, he can continue to represent his constituency as a member even after being elected as the Deputy Speaker. The Deputy Speaker will be entitled to all the privileges of a Grade 1 civil servant.

This article was contributed by Kuensel, Bhutan's National Newspaper, 2004

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