The National Judicial Commission was established in 2001 as part of Bhutan's Civil and Criminal Procedure Code.
[1] It began as a body appointed by the Druk Gyalpo and chaired by the Chief Justice of Bhutan, also a royal appointee.
The Royal Judicial Service Council determines and administers the organizational structure, budgetary, and personnel requirements of the judiciary.
Other qualifications, such as natural born citizenship, lack of foreign relations, and political detachment are imposed under the Act.
Foremost, the Code provides for open trials, equal protection of the laws, impartiality, and habeas corpus petition rights.
Its guarantees include general evidentiary standards, such as adversarial introduction of physical and testimonial evidence, cross examination, and production of exhibits.
Unlike common law systems, however, Bhutanese judges are also authorized to investigate, inspect, or inquire into any matter before it.
But as in common law systems, civil actions require parties prove their cases on a preponderance of the evidence.
Also like common law jurisdictions, the prosecution's burden of proof (in order to find the accused guilty) is to prove guilt beyond reasonable doubt to the full satisfaction of the Court.
[1] The Civil and Criminal Procedure Code of 2001 also sets forth the structure and jurisdiction of the Bhutanese court system, echoed in the Judicial Service Act of 2007 and preserved by the Constitution of Bhutan in 2008.
All jabmi must be Bhutanese citizens; persons of integrity, good character and reputation; not addicted to drugs; not of unsound mind or of mental infirmity; not adjudged bankrupt; not sentenced for criminal offences; have legal qualification recognized by the Jabmi Tshogdey; have undergone the National Legal Course; and have passed the Bar selection examinations.
[7] Under the Royal Command of Druk Gyalpo Jigme Singye Wangchuck in 1995, the High Court started drafting the Penal Code, which was enacted by the National Assembly in the August 2004.
[3][9] Under Article 28 § 3 of Constitution of Bhutan, the Royal Bhutan Police, as a trained uniform force under the Ministry of Home Affairs, are primarily responsible for maintaining law and order and prevention of crime, and are also considered to be an important part of the nation's security force.
[3] Furthermore, the Royal Bhutan Police are empowered with some quasi-judicial powers, namely to prosecute suspects and to summon witnesses.
Family problems, such as marriage, divorce, and adoption, usually were resolved through recourse to Buddhist or Hindu religious law.
As late as 1991, village heads often judged minor cases and district officials adjudicated major crimes.
There were no lawyers in Bhutan's legal system until the 1980s, and decisions were made on the facts of each case as presented by the litigants.
Judges appointed by the Druk Gyalpo were responsible for investigations, filing of charges, prosecution, and judgment of defendants.
Fines, according to various reports, ranged from the equivalent of US$10 to US$55, and jail sentences from seven days to one month were levied against citizens who violated the driglam namzha a compulsory but not widely enforced 1989 royal decree that they wear the national dress at formal gatherings to preserve and promote Bhutanese culture.