Constitution of Bhutan

Nevertheless, with the country and the people having successfully achieved a high level of development and political maturity, the time had come for a formal Constitution for the Kingdom of Bhutan.

Title may pass only to children born of lawful marriage, by hereditary succession to direct lineal descendants in order of seniority upon the abdication or demise of the King.

Title to the throne may also pass to the child of the Queen who is pregnant at the time of the demise of the King if no lineal heir exists.

Title may never pass to children incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity, nor to anyone whose spouse is a person other than a natural born citizen of Bhutan.

The Je Khenpo must be a learned and respected monk ordained in accordance with the Druk-lu tradition, having the nine qualities of a spiritual master and accomplished in ked-dzog.

The Je Khenpo appoints, on the recommendation of the Dratshang Lhentshog (Commission for the Monastic Affairs), the Five Lopons from among monks with the nine qualities of a spiritual master and accomplished in ked-dzog (stages of development and completion in Vajrayana practice).

The Zhung Dratshang and Rabdeys (monastic bodies in the dzongs other than Punakha and Thimphu) are to receive adequate funds and other facilities from the State.

The State must endeavour to preserve, protect and promote the cultural heritage of the country, including monuments, places and objects of artistic or historic interest, Dzongs (fortresses), Lhakhangs (monasteries), Goendeys (monastic communities), Ten-sum (sacred images, scriptures, and stupas), Nyes (sacred pilgrimage sites), language, literature, music, visual arts and religion to enrich society and the cultural life of the citizens.

It must also recognize culture as an evolving dynamic force and endeavour to strengthen and facilitate the continued evolution of traditional values and institutions that are sustainable as a progressive society.

The Constitution states that every Bhutanese is a trustee of the Kingdom's natural resources and environment for the benefit of the present and future generations and declares it the fundamental duty of every citizen to contribute to protection, conservation, and prevention of all forms of ecological degradation including noise, visual and physical pollution.

No person may be deprived of property by acquisition or requisition, except for public purpose and on payment of fair compensation in accordance with the provisions of the law.

All persons have the responsibility to provide help, to the greatest possible extent, to victims of accidents and in times of natural calamity; to safeguard public property; and to pay taxes in accordance with the law.

The State must also encourage and foster private sector development through fair market competition and prevent commercial monopolies.

It endeavours to create a civil society free of oppression, discrimination and violence; based on the rule of law, protection of human rights and dignity.

The State endeavours to take appropriate measures to eliminate all forms of discrimination and exploitation against women and children; and to promote those conditions that are conducive to co-operation in community life and the integrity of the extended family structure.

Crossing into religion, the State strives to create conditions that will enable the true and sustainable development of a good and compassionate society rooted in Buddhist ethos and universal human values.

The State endeavours to develop and execute policies to minimize inequalities of income, concentration of wealth, and promote equitable distribution of public facilities among individuals and people living in different parts of the Kingdom.

The State also endeavours to ensure that all the Dzongkhags are treated with equity on the basis of different needs so that the allocation of national resources results in comparable socio-economic development.

Within these branches of government, only members of the executive and the National Assembly (the lower house of Parliament) may hold political party affiliations.

Local Governments are entitled to levy, collect, and appropriate taxes, duties, tolls, and fees in accordance with procedures provided for by Parliament by law.

Local Governments are also entitled to own assets and incur liabilities by borrowing on their own account subject to such limitations as may be provided for by Parliament by law.

[37] There are 20 Dzongkhags (Districts) in all of Bhutan, each headed by a Dzongdag appointed by the King as the chief executive supported by civil servants.

[37] Article 15 sets up a regulatory framework for political parties, however the Constitution provides partisan elections only for the National Assembly.

Registration requires their members to be Bhutanese citizens and not otherwise disqualified, and that membership not be based on region, sex, language, religion or social origin.

[38] Parliament regulates the formation, functions, ethical standards, and intra-party organization of political parties and regularly audits their accounts to ensure compliance with law.

The Constitution calls for universal suffrage by secret ballot of all citizens over age 18 who have been registered in the civil registry of their constituency for at least one year and not "otherwise disqualified from voting under any law in force in Bhutan."

[11] To qualify for an elective office, candidates must be Bhutanese citizens; must be registered voters in their own constituencies; be between ages 25 and 65 at the time of nomination; must not receive money or assistance from foreign sources whatsoever; and fulfill the necessary educational and other qualifications prescribed in the Electoral Laws.

Under Article 2 Section 19 (above), the King appoints the members of these agencies on advice from the civil government, namely the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council, and the Leader of the Opposition Party.

The Royal Bhutan Police are trained under the Ministry of Home and Cultural Affairs and are responsible for maintaining law and order and preventing crime.

The Constitution allows the Government to use military force against foreign states only in self-defence or for the purpose of maintaining its security, territorial integrity and sovereignty.