Omar Bennett
The Kingdom of Bhutan is a small landlocked country in South Asia, nestled in the Himalayas between India and China. Bhutan is a constitutional monarchy with a unique dual system of religion and politics, known as Chhoe-sid-nyi, unified in the person of the King. The current monarch is King Jigme Khesar Namgyel Wangchuck, who ascended the throne in 2006 after the abdication of his father, King Jigme Singye Wangchuck. Bhutan's transition to a constitutional monarchy and democracy has been a gradual process, marked by the active encouragement and participation of its monarchs since the 1950s, beginning with legal reforms such as the abolition of slavery. Today, the King of Bhutan is the Head of State and the protector of all religions in the country. He appoints the spiritual leader of Bhutan, known as the Je Khenpo, and is the Supreme Commander-in-Chief of the Armed Forces and the Militia. While the King has relinquished many of his executive powers, he still plays a significant role in the nation's governance and is not subject to prosecution in a court of law.
| Characteristics | Values |
|---|---|
| Type of country | Constitutional monarchy |
| Type of government | Parliamentary democracy |
| Head of State | King of Bhutan |
| Head of government | Prime Minister |
| Legislative branch | Bicameral parliament consisting of a National Council (upper house) and a National Assembly (lower house) |
| Suffrage | Universal for citizens aged 18 and above |
| Constitution | Enacted on 18 July 2008 |
| Judicial branch | Supreme Court, High Court, and twenty Dzongkhag Courts |
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What You'll Learn
Bhutan's transition to a constitutional monarchy
In the 1950s, the Third King of Bhutan, Jigme Dorji Wangchuck, initiated legal reforms that laid the foundation for the country's democratic journey. One notable reform was the abolition of slavery, which signalled a shift towards a more modern and equitable society.
The Fourth King, Jigme Singye Wangchuck, who reigned from 1972 to 2006, played a pivotal role in shaping Bhutan's constitutional monarchy. In 1998, he introduced major reforms by dissolving the cabinet and transferring most of his administrative powers to it, allowing for greater representation and accountability. This marked a significant shift away from absolute monarchy.
On September 4, 2001, King Jigme Singye Wangchuck emphasised the need for a formal Constitution, recognising that the time had come for a comprehensive framework to guide the kingdom's governance. This marked the beginning of a seven-year process of drafting the Constitution, which was ultimately ratified after his abdication in 2006.
The transition to a fully democratic government was catalysed by the abdication of King Jigme Singye Wangchuck in 2006, when he passed the throne to his son, Jigme Khesar Namgyal Wangchuk. This event set in motion a series of democratic reforms, including the legalisation of political parties in 2007 and the subsequent registration of the People's Democratic Party (PDP) and the Bhutan Peace and Prosperity Party (BPPP).
Bhutan's first non-partisan democratic election took place on December 31, 2007, with citizens electing members of the National Council, the upper house of the bicameral parliament. This was followed by elections for the National Assembly, the lower house, in March 2008, completing the transition to a parliamentary democracy. The Constitution of Bhutan was then enacted on July 18, 2008, by the country's first democratically elected government, solidifying the nation's commitment to democratic principles and constitutional monarchy.
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The role of the King of Bhutan
The Kingdom of Bhutan is a constitutional monarchy with a King as the head of state and a prime minister as the head of government. The role of the King of Bhutan has evolved over time, with the monarch's powers being gradually transferred to other governing bodies. Here is a detailed look at the role of the King of Bhutan:
Historical Role of the King of Bhutan
Bhutan, officially known as the Kingdom of Bhutan, has a long history of monarchy dating back to its unification in the 17th century by Ngawang Namgyal, a Tibetan monk. The country was established with a dual system of government, where secular and religious leaders shared power under the Zhabdrung Rinpoche, the reincarnation of Ngawang Namgyal. Over time, the role of the King of Bhutan evolved, and the country transitioned towards a more centralised monarchy.
Political Role of the King of Bhutan
The King of Bhutan has played a pivotal role in shaping the nation's modern identity and political landscape. The monarch's role includes appointing the Council of Ministers, which is composed of the heads of various government departments. The King also has the power to appoint and recall judicial appointments, including judges of the Supreme and High Courts. Additionally, the King retains command of the Royal Bhutan Army, ensuring the country's security.
Transition to Democracy
Current Role of the King of Bhutan
Today, the King of Bhutan continues to play a ceremonial and symbolic role as the head of state. The current monarch, Jigme Khesar Namgyel Wangchuck, has limited powers compared to his predecessors. The King's role includes promoting national unity, representing the country internationally, and safeguarding the country's culture and traditions. Additionally, the King has certain reserved powers, such as referring matters of national importance to the Supreme Court. The King of Bhutan is also responsible for appointing the Chief Justice and Drangpons (Associate Justices) of the Supreme and High Courts.
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The Bhutanese democratic process
Bhutan's first democratic elections began in 2007, with a mock election held on 21 April to acclimatise the populace to the democratic process. The country's first official elections were held on 31 December 2007, for seats in the National Council, the upper house of a new bicameral parliament. Elections for the National Assembly, the lower house, took place in 2008, completing the conversion of Bhutan's government to a parliamentary democracy. By 2011, all levels of government had been democratically elected, including Bhutan's first-ever partisan National Assembly election.
Bhutan's democratic process has been marked by a few unique features. Firstly, the devolution of power is seen as a "gift" from the Golden Throne, with the Fourth King abdicating voluntarily to make way for the then-Crown Prince, Jigme Khesar Namgyal Wangchuck. Secondly, Bhutan's democratic transition was orderly and peaceful, which has been attributed to the country's cultural value of harmony over liberty. Finally, Bhutan's democracy is unique in that it originated with the ruler and not as a result of pressure from unhappy subjects. The monarchy ensured a smooth transition to democracy without any internal or external forces.
Bhutan's democratic process has also faced some challenges. One notable issue is the large-scale expulsion and flight of Bhutanese refugees during the 1990s, which remains a taboo subject in Bhutanese politics. Additionally, in the early 21st century, women continued to be underrepresented in higher levels of government, despite being allowed to run for office and actively participating in community decision-making processes.
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The role of the Bhutanese monarch in the democratic process
The development of Bhutanese democracy has been marked by the active encouragement and participation of reigning Bhutanese monarchs since the 1950s, beginning with legal reforms such as the abolition of slavery, and culminating in the enactment of Bhutan's Constitution. The process of modernization and democratization was initiated by the Third King of Bhutan, Jigme Dorji Wangchuck. In 1952, King Jigme established the country's legislature – a 130-member National Assembly – to promote a more democratic form of governance. Among the Third King's most basic democratic reforms was the abolition of slavery in Bhutan in 1958.
The Fourth King of Bhutan, Jigme Singye Wangchuck, planned and oversaw many of the political and legal reforms that have shaped the constitutional monarchy and democracy in Bhutan. In 1998, the monarch's executive powers were transferred to the Council of Ministers, or Lhengye Zhungtshog (cabinet). The king also dissolved the cabinet to have it reconstituted, in part, through election by the Tshogdu. Moreover, the monarch transferred most of his administrative duties to the cabinet and granted to the Tshogdu the authority to remove him through a vote of no confidence. On September 4, 2001, King Jigme Singye Wangchuck briefed the Lhengye Zhungtshog (Council of Ministers, or Cabinet), the Chief Justice, and the Chairman of the Royal Advisory Council on the need to draft a formal Constitution for the Kingdom of Bhutan. The king expressed his desire that the Lhengye Zhungtshog and the Chief Justice should hold discussions on formulating the Draft Constitution.
The Fifth and current King of Bhutan, H.M. Jigme Khesar Namgyel Wangchuck, has overseen the enactment of the Constitution of 2008, as well as the democratic elections of both houses of Parliament and three levels of local government (dzongkhag, gewog, and thromde). The king's role would be that of a titular head. The 2005 draft Constitution of Bhutan included provision for a two-party democratic system that was unveiled after four years of preparation. The king's abdication in 2006 and the transfer of the throne to his politically progressive son, Jigme Khesar Namgyal Wangchuk, accelerated the initiative towards democracy.
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The influence of Buddhism on Bhutan's legal code
Buddhism has been a significant factor in the legal structure of many Asian countries, including Bhutan. The influence of Buddhism on Bhutan's legal code can be seen in the country's history, the involvement of the monastic order in governance, and the principles and provisions that shape its Constitution.
The history of law in Bhutan dates back to the country's formation in the 17th century. The founder, Zhabdrung Ngawang Namgyal, established a legal code called the Tsa Yig, which outlined laws for government administration and social and moral conduct. This code was influenced by the Buddhist dharma (religious law) and remained in force until the 1960s, shaping the country's early legal framework.
The state Buddhist monastic order has played a significant role in Bhutan's governance at various levels. Buddhist priests exerted considerable influence, and the monastic body was represented in the country's cabinet, known as the Lhengye Zhungtshog or Council of Ministers. The Buddhist monastic population follows a monastic law code, the vinaya, which provides a template for secular rules and has influenced the country's legal system.
Bhutan's transition to a constitutional monarchy and democracy was actively encouraged and facilitated by its monarchs, beginning with legal reforms such as the abolition of slavery. The current Constitution of Bhutan, enacted in 2008, reflects Buddhist principles and values. For example, the Constitution prohibits capital punishment, reflecting a respect for life that is consistent with Buddhist teachings.
The Constitution also guarantees universal suffrage, ensuring that all citizens aged 18 and above can participate in the democratic process. This includes the right to be represented by a Bhutanese jabmi (attorney) of their choice, as provided for in the country's legal profession regulations, the Jabmi Act.
While Buddhism has influenced Bhutan's legal code, it is important to note that other factors and traditions have also played a role. The country's legal system has evolved over time, incorporating various influences and adapting to the changing needs and values of its society.
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Frequently asked questions
Yes, Bhutan is a constitutional monarchy. The current king, Jigme Khesar Namgyel Wangchuck, has overseen the enactment of the 2008 Constitution and the democratic elections of both houses of Parliament.
The king of Bhutan is the Head of State and the symbol of unity of the kingdom and its people. The king is also the Supreme Commander-in-Chief of the Armed Forces and the protector of all religions in Bhutan. While the king has transferred most of his administrative duties to the cabinet, he still appoints the Je Khenpo, or the spiritual leader of Bhutan.
Bhutan is a parliamentary democracy with a constitutional monarch. The Bhutanese parliament is bicameral, consisting of a National Council (upper house) and a National Assembly (lower house). Suffrage in Bhutan is universal for citizens aged 18 and above.
