Researching the Legal System of the Kingdom of Bhutan

By Pema Needup and Dr Mohammad Ershadul Karim

Pema Needup is currently the Director General of the Bhutan National Legal Institute in Thimphu, Bhutan.

Dr Mohammad Ershadul Karim is a Senior Lecturer at the Faculty of Law, University of Malaya, Malaysia and a non-practicing lawyer enrolled with the Bangladesh Supreme Court.

Published November/December 2023

(Previously updated in March 2016 and in October 2018)

See the Archive Version!

1. Introduction

The Bhutanese name for the Kingdom of Bhutan is Drukyul, which means “Land of the Thunder Dragon”. Bhutan is a small landlocked, independent, and sovereign nation where Buddhist values guide the everyday life of its people. The country is nestled between India and China, with a population of approximately 770,000 people. Bhutan, often revered as the “Land of the Peaceful Dragon”, is still regarded as one of the last “Shangrilas” in the Himalayan region because of its remoteness, its spectacular mountain terrain, varied flora and fauna and its unique ancient Buddhist monasteries. With a total area of 38,394 sq. km, Bhutan lies between 88° 45’ and 92°10’ longitude east and 26°40’ and 28°15’ north. It is a mountainous country except for a small flat strip in the southern foothills. In the north, Bhutan borders Tibet, the autonomous region under China; in the West the Indian state of Sikkim; in the East the Indian state of Arunachal Pradesh and in the south the Indian states of Assam and West Bengal.

To the outside world, Bhutan is popularly known as the country of Gross National Happiness (GNH) because, since 1972, Bhutan has adopted GNH as its development philosophy rather than GDP. Bhutan is experiencing a huge political shift, as it evolves from an absolute monarchy to a democratic constitutional monarchy with an elected Parliament (Article 1(2) of the Constitution). Under a new Constitution of 2008, Bhutan held its first national elections in 2008 and its second general elections in 2013. The third general elections were held in 2018. The fourth general elections are due at the beginning of 2024. The preservation of culture and protection of the environment are at the core of Bhutan’s national policies among other things. Bhutan’s Constitution now demands that a minimum of 60 per cent of the country’s total land area remains under forest cover for all time (Article 5(3) of the Constitution). Currently, 69 per cent of Bhutan is under forest cover, and more than half the country is protected as national parks, nature reserves and wildlife sanctuaries connected by a network of biological corridors. Bhutan is the world’s only carbon-negative country. The country is now aiming to grow 100 percent organic food by 2020, to produce zero waste by 2030, to generate zero net greenhouse gas emissions and to increase its share of renewable, particularly wind and solar. The territory of Bhutan comprises 20 Dzongkhags (Districts) with each Dzongkhag consisting of Gewogs (Sub-districts or Counties or Blocks) and Thromdes ( Municipalities) (Article 1(4), the Constitution of the Kingdom of Bhutan, 2008). At present, there is a total of 205 Gewogs and these Gewogs are further divided into Chiwogs (a unit under a Gewog). Thromdes are Municipalities and Four Class ‘A’ Thromde i.e. Thimphu Thromde, Samdrup Jongkhar Thromde, Phuentsholing Thromde and Gelephu Thromde were approved by the Parliament in August 2010.

2. Historical Background

Buddhism as a spiritual heritage has played a key role in shaping the life of people, history, and culture in Bhutan. Though the recorded history of the country can be traced back to the 7th Century AD, it was the advent of Guru Rinpoche in the 7th century AD that flourished Buddhism in Bhutan. In 747 AD, Guru Rinpoche (also known as Guru Padmasambhava or Lotus Born) visited the land and Buddhism took firm root in the country. In the first half of the 13th century, the spiritual master, Phajo Drugom Zhigpo (1208-1276) the precursor of the Drukpa Kagyu tradition of Mahayana Buddhism arrived in the country and ultimately gained pre-eminence. However, it is through the arrival of Zhabdrung Rinpoche (the precious jewel at whose feet one submits) that one of the most dynamic eras in the history of Bhutan started. Bhutan was founded and unified as a country by Zhabdrung Ngawang Namgyal in the mid-17th century. The religious and secular powers were not delineated until 1616 AD when Zhabdrung Ngawang Namgyal, the great leader of the Drukpa school of Mahayana Buddhism, established the dual system of governance with the Je Khenpo (chief abbot) as the head of the spiritual and the Druk Desi, as the head of the temporal. The Zhabdrung constructed numerous Dzongs, monasteries, and religious institutions bringing people from all walks of life under one faith and firmly instituted Drukpa Kagyu as the common religion. The first Dzong that he built, Simtokha Dzong in 1627, stands majestically as one of the sentinels of the Bhutanese identity, a few miles away from present-day Thimphu. The Zhabdrung’s dual system of government, ruled by 54 Desis (now replaced with monarchs) and the 50th Je Khenpos (this system continues), steered Bhutan from 1651 until the birth of the Wangchuck dynasty and establishment of hereditary Monarchy in 1907.

3. National Symbols of Bhutan

The First Schedule to the Constitution provides that the National Emblem of Bhutan is a circle that projects a double diamond thunderbolt placed above the lotus. There is a jewel on all sides with two dragons on vertical sides. The thunderbolts represent the harmony between secular and religious power while the lotus symbolizes purity. The jewel signifies the sovereign power while the dragons (male and female) stand for the name of the country Drukyul or the Land of the Thunder Dragon.

The National Flag is rectangular and is divided into two parts diagonally. The upper yellow half signifies the secular power and authority of the king while the lower saffron-orange symbolizes the practice of religion and the power of Buddhism, manifested in the tradition of Drukpa Kagyu. The dragon signifies the name and the purity of the country while the jewels in its claws stand for the wealth and perfection of the country.

The national flower is the Blue Poppy (Meconopsis horridula), the national tree is the cypress (Cupressus torolusa), the national bird is the raven, the national animal is the Takin (burdorcas taxicolor), and archery is the national sport. Bhutan is a multi-lingual society. Today, over nineteen languages and dialects are spoken all over the country. The national language is Dzongkha, which in the olden times was spoken by people who worked in the Dzongs which was the seat of temporal and spiritual power.

The national anthem was first composed in 1953, became official in 1966 and finally placed in the Second Schedule to the Constitution, 2008. It is known as Druk Tshenden Kepay Gyalkhab Na (the Kingdom of Bhutan adorned with cypress trees). Read the Origin and Description of the National Flag and National Anthem of the Kingdom of Bhutan available on the website of The Centre for Bhutan Studies.

The Bhutanese currency is Ngultrum (Nu.) and is officially pegged to the Indian Rupee at parity. Bhutan introduced the first banknotes in 1974 and the first postage stamps in 1962. Bhutan proudly celebrates December 17 as its National Day. The ‘Gho’ and ‘Kira’ are the traditional and national dress for men and women. The Gho, a knee-length robe is worn by men and Kira, an ankle-length dress is worn by women.

4. Political System of Bhutan

The historical systematic scheme of governance in the country was incepted in 1616 AD with the arrival of Zhabdrung Ngawang Namgyal from Tibet. He introduced the dual system of governance with the Je Khenpo as the religious head and the Desi, as the head of the temporal aspects.

The modern political history of Bhutan started in 1907 when the Bhutanese people unanimously enthroned Ugyen Wangchuck as the first hereditary King of Bhutan and later on by the successive monarchs of the Wangchuck dynasty. In 1953, the Third King Jigme Dorji Wangchuck established the National Assembly (Tshogdu) to ensure a more democratic governance of the country. Every Gewog, a group of villages and an intermediate geographic administrative unit between Dzongkhag and village, had an elected member representing the National Assembly to enact laws and to discuss issues of national importance. In the year 1963, the Royal Advisory Council (Lodroe Tshogde) was established as a link between the King, the Council of Ministers and the people. The process of decentralization was extended by the Fourth King Jigme Singye Wangchuck in 1981 through the establishment of the Dzongkhag Yargay Tshogdu (District Development Assembly) and in 1991 through Gewog Yargay Tshogchung (County Development Assembly).

Finally, in 1998, the King handed over the power to rule the country to the cabinet ministers and he started to serve as the Head of the State while the government was managed by the Prime Minister. The process of drafting the Constitution of Bhutan was started because of a Royal command towards the enactment of a formal Constitution in 2001 through a 39-member Constitution Drafting Committee comprising elected members of the people, monastic body, the judiciary and the executive arms of the government, headed by the Chief Justice of Bhutan, Lyonpo Sonam Tobgye. Finally, the Constitution of Bhutan was signed in a historic and sacred ceremony on 18 July 2008.

In 2008, Bhutan witnessed a major shift in its political system with the first elections launched countrywide with a 79 percent voter turnout. The Druk Phuensum Tshogpa (DTP) won a landslide victory to form Bhutan’s first democratic government. Lyonchen Jigme Y Thinley formed the government with 45 elected members and just two opposition members from the People’s Democratic Party (PDP). After the expiry of the tenure of the first Prime Minister, PDP grabbed 32 out of 47 seats, won the second-ever election in the country and Tshering Tobgay became the Prime Minister on 30th July 2013. Dr. Loday Tshering, the President of Druk Nyamrup Tshogpa became the Prime Minister on 7 November 2018.

Under the 2008 Constitution, Bhutan is a Sovereign Kingdom and a Democratic Constitutional Monarchy (Article 2). The Constitution is the supreme law of the land. The Supreme Court is the guardian of the Constitution and the final authority on its interpretation. (Article 1). Article 7 of the Bhutanese Constitution provides for fundamental rights and includes most of the internationally recognized human rights (e.g., civil and political rights) and also provides that these rights as enshrined in Article 7 are judicially enforceable.

The organs of the Bhutanese government comprise of the Legislature, Judiciary and the Executive and Article 1(13) of the Constitution ensures separation of these three organs.

5. Legislature in Bhutan

Article 10 of the Bhutanese Constitution, 2008 provides for a bi-cameral Parliament which consists of Druk Gyalpo (the King of Bhutan), the National Council (Upper House), and the National Assembly (Lower House), having all legislative powers. It is the responsibility of the Parliament to ensure that the Government safeguards the interests of the nation and fulfils the aspirations of the people through public review of policies and issues, Bills and other legislations, and scrutiny of State functions. The members of Parliament shall be elected according to the Electoral Laws of the Kingdom. Article 11 deals with National Council whereas Article 12 deals with the National Assembly. The tenure of both these houses is five years.

The National Council, which is required to convene at least twice a year, consists of twenty-five non-political members, one member elected by the voters in each of the twenty Dzongkhags (districts); and five eminent persons nominated by the Druk Gyalpo (the King). Besides the legislative functions, the National Council shall act as the House of review on matters affecting the security and sovereignty of the country and the interests of the nation and the people that need to be brought to the notice of the Druk Gyalpo, the Prime Minister and the National Assembly.

See the latest Rules of Procedure of the National Council of Bhutan 2014, which contains provisions on the functioning of the Upper House.

The National Assembly of Bhutan shall have a maximum of 55 members, elected from each Dzongkhag in proportion to its population, provided that no Dzongkhag shall have less than two members or more than seven members, for which purpose Parliament shall, by law, provide for each Dzongkhag to be divided into constituencies through appropriate delimitation, and for the voters in each constituency directly electing one member to the National Assembly [Article 12(1)]. The Rules of Procedure of the National Assembly of Bhutan 2014 can be found online. This document contains provisions on the functioning of the Lower House.

The Legislative Rules of Procedure 2011 (Amended) contains provisions for a Joint Sitting of the two Houses of Parliament to pass Bills on which the two Houses have disagreements.

6. Executive in Bhutan

The government of the Kingdom of Bhutan is of parliamentary form. The head of the State is the Druk Gyalpo (the King), whereas the head of the Government is the Prime Minister. Until the 1950s, Bhutan was an absolute monarchy whose sovereign was styled the Druk Gyalpo (“dragon king”).

Article 20 of the Constitution provides that the executive power in Bhutan be vested in the Lhengye Zhungtshog (Council of Ministers or Cabinet) which shall consist of the Ministers headed by the Prime Minister. The number of Ministers shall be determined by the number of Ministries required to provide efficient and good governance. The creation of an additional ministry or reduction of any ministry shall be approved by Parliament. The Lhengye Zhungtshog (Council of Ministers) shall aid and advise the Druk Gyalpo (the King) in the exercise of His functions including international affairs, provided that the Druk Gyalpo may require the Lhengye Zhungtshog to reconsider such advice, either generally or otherwise. The Prime Minister shall keep the Druk Gyalpo informed from time to time about the affairs of the State, including international affairs, and shall submit such information and files as called for by the Druk Gyalpo.

The Lhengye Zhungtshog assesses the state of affairs arising from developments in the State and society and from events at home and abroad; defines the goals of State action and determines the resources required to achieve them; plan and co-ordinate government policies and ensure their implementation; and represent the Kingdom at home and abroad. It also promotes an efficient civil administration based on the democratic values and principles enshrined in this Constitution and is collectively responsible to the Druk Gyalpo and Parliament.

The Executive Orders of the Cabinet can be found on the Cabinet’s website.

Zhabdrung Ngawang Namgyal promulgated the first set of Bhutanese laws, the codification of which was completed in 1652 during the reign of the first temporal ruler, Deb Umzed Tenzin Drugyel. The Code, which serves as the foundation of the contemporary Bhutanese legal system, was based closely on the Buddhist principles, and addresses the violation of both temporal and spiritual laws. These laws contain specific reference to the ten pious acts, known as Lhachoe Gyewa Chu and the 16 virtuous acts of social piety, referred to as the Michoe Tsangma Chudrug.

The Bhutanese legal system was thus based on the religious and temporal laws. The spiritual laws are said to resemble a silken knot (dargye duephue) as the silken knot is light and loose at first but gradually tightens with the accumulation of negative deeds, whereas the secular laws are compared to a golden yoke (sergyi nyashing) that places the weight equally, signifying equality under the law and penalty growing heavier and heavier with the degree of the crimes committed. It is, therefore, evident that Buddhism has played a predominant role in shaping the legal principles and practices and the development of the institution of the Judiciary.

In 1959, the National Assembly, under the guidance of the Third King Jigme Dorji Wangchuck enacted the first comprehensive codified law code, the Thrimzhung Chhenmo or the Supreme Law, which covers almost all civil and criminal matters and includes sections on land law, marriage, inheritance, weights and measures, theft, and murder. Although many of the chapters have been amended by subsequent legislation, the Thrimzhung Chhenmo is the basis for all the subsequent laws enacted in Bhutan. Besides, the Third King promulgated Kadyon (Royal Edicts) ‘Ka’, ‘Kha’, and ‘Ga’ in 1968. These Royal Edicts contained mostly procedures.

The legal system of Bhutan is based on the adversarial (accusatorial or the common law system) principle of procedure with some elements of the inquisitorial (continental or civil law system). The Bhutanese Judiciary is entrusted to safeguard, uphold, and administer Justice fairly and independently without fear, favour, or undue delay in accordance with the Rule of Law to inspire trust and confidence and to enhance access to Justice.

7.1. Laws of Bhutan

The law is important for a society because it serves as the norm of conduct of citizens. But too many laws are not a healthy sign. Too many laws breed disobedience. Since 1959 until today, the erstwhile National Assembly of Bhutan and the Parliament of Bhutan have enacted over one hundred Acts some of which were repealed and amended over the years. The Bhutanese laws are available at the below links:

8. The Judiciary

The Judiciary is an integral part of any given polity. Bhutan has a single unified judicial system with the Supreme Court standing at the apex. The judicial authority of Bhutan is vested in the Royal Courts of Justice comprising the Supreme Court, the High Court, the Dzongkhag Court, the Dungkhag Court and such other Courts and Tribunals as may be established from time to time by the Druk Gyalpo on the recommendation of the National Judicial Commission (Article 21, the Constitution of Bhutan, 2008).

The mission of the Royal Courts of Justice is to “Safeguard, uphold, and administer justice fairly and independently without fear, favour, or undue delay in accordance with the Rule of Law to inspire trust and confidence and to enhance access to justice.”

8.1. The Structure of the Courts

At present, the Bhutanese legal system has a four-tier Court system. The Supreme Court is the highest in the hierarchy, followed by the High Court, Dzongkhag and Drungkhag Courts. There are no courts or tribunals of special jurisdiction in Bhutan. The Courts have both appellate and original jurisdiction, besides being the Courts of general jurisdiction, dealing with both civil and criminal matters.

The Supreme Court: The Supreme Court is the highest court of law in Bhutan and is presided over by the Chief Justice of Bhutan. It was established through the Royal Decree on November 19, 2009. It has appellate, advisory and extra-territorial jurisdiction. Where a particular case is not covered or is only partially covered by any law in force and is not otherwise excluded from adjudication, the Supreme Court has original jurisdiction over it. The territorial jurisdiction of the Supreme Court extends to the whole of Bhutan, all persons therein, and all persons with an established legal relationship with Bhutan. The Supreme Court is a court of record and is the guardian of the Constitution and the final authority on its interpretation. (Article 1, the Constitution of Bhutan, 2008).

The Chief Justice is appointed from among the Drangpons (Justices) of the Supreme Court or from among eminent jurists by the Druk Gyalpo (the King) in consultation with the National Judicial Commission (NJC). Similarly, the associate Justices are appointed from among the Drangpons (Justices) of the High Court or from among eminent jurists by the Druk Gyalpo (the King) in consultation with the National Judicial Commission.

The term of office of the Chief Justice of Bhutan is five years or until attaining the age of 65 years, whichever comes first. The associate Justices will serve for ten years or until attaining the age of 65 years, whichever comes first.

Among other things, the Judiciary has initiated judicial reforms such as the introduction of e-litigation and virtual hearings in all the courts across the country in 2021 to provide full access to justice during the COVID-19 pandemic. The Media and Communication Unit and the Grievance Unit were also established in 2022. To expedite the cases, various rules and regulations, guidelines and standard operating procedures were introduced in 2022. The Judiciary also established the Enforcement Unit in Thimphu District Court in 2022.

The High Court: The High Court, established in 1967, is made up of three Benches. A minimum of two judges comprises a Bench. Like the Supreme Court, the High Court exercises original, appellate and extra-territorial jurisdiction. It also possesses inherent powers and exercises extra-territorial jurisdiction based on international law principles. It was the highest Court until the establishment of the Supreme Court in 2009.

The High Court has also constituted a larger Bench which is presided over by the Chief Justice and the appeal from the Bench shall lie to the larger Bench. However, the Larger Bench stands dissolved in 2021. The Green Bench was established at the High Court on 2 June 2015 primarily to hear and resolve disputes on environmental cases by allowing citizens to file a Public Interest Litigation (PIL). The Green Bench at the High Court is being presided over by the Chief Justice with four other sitting Justices of the High Court. The Bench has both the original and appellate jurisdictions but does not take away the jurisdiction of the Dzongkhag Courts. The Green Bench will have the same powers as the High Court.

The High Court comprises a Chief Justice and eight Drangpons. It is also the Court of first instance for constitutional cases. See the judgment of the first constitutional case between the Opposition Party and the Ruling Government.

The Chief Justice is appointed from among the Drangpons of the High Court or from among eminent jurists and the Drangpons are appointed from among the Drangpons of the Dzongkhag Courts or from among eminent jurists by the Druk Gyalpo upon the recommendation of the National Judicial Commission. The Chief Justice and the associate Justices will serve for ten years or until attaining the age of 60 years, whichever comes first.

The Dzongkhag Court: At present, Bhutan is geographically divided into 20 Districts. Each District has a District Court. The first Dzongkhag Court was established in 1960/61. Usually, the Dzongkhag Court is made up of a single Bench, though there are some Dzongkhag Courts that have division Benches. For example, Paro, Wangdue Phodrang, and Phuentsholing Courts have two Benches while the Thimphu District Court has five division Benches. The Judiciary established special benches at the Thimphu District Court on 21st December 2016. The reform is initiated to facilitate expeditious, fair, and just adjudication of criminal, commercial, civil, family and child-related disputes through a specialized bench. The Thimphu District Court now comprises two Criminal Benches, a Civil Bench, a Commercial Bench, and a Family and Child Bench.

The Dzongkhag Court exercises original jurisdiction in all cases within its territorial jurisdiction. Appeals from an order or Judgment of a Drungkhag court are made to the Dzongkhag. The District Court is presided over by a Dzongkhag Drangpon who is assisted by one or more Drangpon Rabjams or Registrars. The Dzongkhag Drangpons are appointed by the Druk Gyalpo upon the recommendation of the Royal Judicial Service Council.

The Drungkhag Court: The Drungkhag or Sub-District Court, established in 1978, is the lowest formal court in Bhutan. There are 15 Courts in the country having original jurisdiction in all cases within their territorial jurisdiction. It is a Court of first instance without any appellate jurisdiction. Like a Dzongkhag Court, a Drungkhag Court may have one or more Drangpons depending on the number of benches. It is presided over by a Drungkhag Drangpon. The Chief Justice of Bhutan appoints legally qualified, experienced, and competent persons of high integrity as Drungkhag Drangpons upon the recommendation of the Royal Judicial Service Council. The Judges of the subordinate courts normally serve up to the age of 60 years. And tenure for the Assistant Judges and the bench clerks is 58 years. The Judges supported by other administrative staff carry out the administration of the Court in the Drungkhag and the Dzongkhags.

8.2. Research and Training Bureau of the Judiciary

There is a Research and Training Bureau of the Judiciary which was established in 1994 under the Royal Command to conduct research on the sources of Bhutanese laws, court etiquette and manners, formal address and titles, legal terminology, in-service legal education, including sessions on procedural code, information technology, and Bhutanese literature so that the judicial staff can develop their skills and knowledge in legal profession. Now this function has been assumed by the Bhutan National Legal Institute.

8.3. Registrar General

The Registrar General, appointed by the Chief Justice of Bhutan for three years, heads the administrative and finance division of the Courts. He is supported by other administrative staff and is responsible for the overall administrative work in the Supreme Court and the subordinate Courts. His responsibility includes the appointment, transfer, supervision, and Human Resource Development of Court staff.

8.4. Trial System of Court

The Bhutanese legal system is primarily based on the adversarial system of procedure with some elements of the inquisitorial system. The courts take no sides, and the judges are umpires of the litigants. The judges allow uninterrupted hearing to the litigants or their jabmis (counsel). They are allowed to make a presentation to the Court and answer questions posed by the judges. The plaintiff and the defendant or their jabmis can submit evidence to substantiate their legal contentions and the Courts decide cases based on the facts and issues submitted by the parties.

Thus, the burden to prove beyond reasonable doubt lies on the prosecutor in a criminal case and on the plaintiff to prove his case by a Fair Preponderance of the Credible Evidence in a civil action.

8.5. Court Fees

Presently, each party in the Civil case must pay only 100 Ngultrum (which is less than $1) as Court Fees in the High Court, while the Court Fees in Dzongkhag and Drungkhag Courts are only 50 Ngultrum each

Under the Bhutanese legal system, the Court must establish a hearing calendar (section 79 of the Civil and Criminal Procedural Code). Usually, in a day, a maximum of five hearings is to be scheduled. This is done so that the Drangpon and the Bench Clerks are not overburdened with too many cases and that there is proper time management. Individual calendars explicitly link the management of a case to a particular judge, making judges accountable to the public.

8.6. Judicial Process

The Judicial Process in Bhutan follows the following stages: Registry of a complaint Miscellaneous Hearing Preliminary Hearing Production before Judge Show Cause Opening Statement Defence Reply Rebuttal Evidence Independent testimony Exhibit Cross Examinations Judicial Investigation Closing Statement Judgment.

8.7. Court Orders

The Court issues several orders in the form of directions, writs, injunctions, and compliance as per the provisions of the Civil and Criminal Procedure Code of Bhutan. The Court also issues a summon order to the litigants to appear before the Court on a specific date. Failing to honor the summoning order may entail the dismissal of a case, passing of a default judgment or being liable for contempt.

8.8. National Judicial Commission and Royal Judicial Service Council

The National Judicial Commission of Bhutan, established under a Royal Decree in 2003, is responsible for the appointments and removal of the Drangpons of the Courts in Bhutan. The members of the National Judicial Commission are the Chief Justice of Bhutan as the Chairperson, the senior most Drangpon of the Supreme Court, the Chairperson of the Legislative Committee and the Attorney General.

The Druk Gyalpo appoints the members of the Commission by warrant under His Hand and seal.

Under Article 21 of the Constitution of Bhutan, 2008 and the Judicial Service Act, 2007, the Commission submits a recommendation to His Majesty the Druk Gyalpo regarding the appointment of the Chief Justice of Bhutan and the Drangpons of the Supreme Court; and the Chief Justice and the Drangpons of the High Court, to the establishment of Courts and Tribunals, etc. A Drangpon may be censured or suspended by a command of the Druk Gyalpo on the recommendation of the Commission for proven misbehaviour, who, in the opinion of the Commission, does not deserve impeachment.

The Judicial Service Act of 2007 also provides for a Royal Judicial Service Council, which with the assent of the Chief Justice of Bhutan shall have the full authority to determine and administer the organizational structure, budgetary and personnel requirements of the Judiciary.

Read the Judicial Service Act of Bhutan, 2007.

8.9. Public Notary Office

The Public Notary Office was established on 15th August 2007 in the Thimphu District Court as a pilot project to facilitate the efficient delivery of judicial-related notary services to the public. The office is headed by a Drangpon Rabjam (Assistant Judge).

One of the significant reforms undertaken by the Judiciary in 2017 is the use of ICT to provide public notary services online with support from the G2C office. With this initiative, citizens can now apply online to seek notary services from any court in the country. The online notary services include procuring marriage certificates, translation of marriage certificates, marital status, name change, lost documents, attestation of documents, child adoption, closing of accounts and transfer of shares, organ transplant, attestation of agreements (wills, contracts, and testaments) and child travel documents. As of now, there are 120 online services offered by the G2C (Government to Citizen) office including the eleven judicial services. The services are available from the Citizen Portal or the portal of the Judiciary.

The Bhutan National Legal Institute (BNLI) is a judicial training and research arm of the judiciary established under the Judicial Service Act of Bhutan, 2007. It started functioning with effect from 25 February 2011. The institute is devoted to providing continuing judicial and legal education through training, professional development, research, publication, and dissemination.

The Bhutan National Legal Institute established the Legal Aid Center (LAC) on October 19, 2022, following the Royal Command. The Center is expected to further strengthen the rule of law and the justice system by enabling all the people to access the courts and the legal process as enshrined in Article 9(6) of the Constitution. Legal aid is indispensable, especially for indigent persons, to have fair and full access to the justice system.

8.12. Case Management System (CMS)

The Supreme Court launched the Case Management System (CMS) in 2016. The Case Information System (CIS), which was then an offline system, was upgraded to an online CMS. The CMS is a web-based monitoring system that enables the court to track the status of cases as well as the stage of the proceedings. It replaces the cumbersome and outdated system of having to maintain registers and files on cases by providing an online platform to gather and monitor information on cases. This automation reduces case processing delays, increases the transparency of office operations, and reduces the potential for oversight and corruption. The CMS is also in accord with the e-governance initiative envisaged by the government.

The objectives of CMS are to:

  • Establish a centralised database of cases registered and tried by the Courts;
  • Provide effective judicial service and personnel administration;
  • Enable smooth information sharing and retrieval;
  • Generate statistics for periodic reports;
  • Reduce expenditure on stationery; and
  • Share real-time information.

The system generates statistics for periodic reports for constant monitoring and evaluation. All the Courts use the system to record the cases and track their proceedings.

9. Office of the Attorney General

Article 29 of the Constitution of Bhutan, 2008 deals with the autonomous office of the Attorney General, who, as the chief legal officer of the Kingdom, shall be the legal advisor to and legal representative of the Government. The Office of the Attorney General Act of Bhutan, 2006 was enacted to promote and impart justice through fair, impartial and just proceedings in civil and criminal cases, by enacting enlightened laws and upholding the rule of law, natural justice and the Constitution through responsive and accessible legal process.

His Majesty the King appoints an eminent jurist as the Attorney General on the recommendation of the Prime Minister. Chapter 3 of the Office of the Attorney General Act, 2006 (Sections 11-18) deals with the functions and section 24 deals with the duties and responsibilities of the Office of Attorney General. Chapter 5 provides for the Code of Conduct of the Office of the Attorney General.

Section 50 of the 2006 Act provides that on grounds of physical, mental, or other incapacity of a permanent nature, or any violation of this Act; or Conviction under any other law the Prime Minister of Bhutan may remove the Attorney General.

The law relating to the legal profession in Bhutan is governed by the Jabmi Act, 2003, and the Jabmi (Amendment) Act of Bhutan 2016. This Act according to the Former Chief Justice of Bhutan, Lyonpo Sonam Tobgye, “will reaffirm and uphold the cardinal principle of fair trial with the help of Jabmi (legal counsel) to protect and establish people’s rights at all stages of proceedings”. The Act, a guideline for professional ethics, duties, and responsibilities of Jabmis, is expected to bring professionalism to the legal system and “enhance the effectiveness and fairness in the administration of justice”. Section 3 and Section 16 of the Jabmi (Amendment) Act of 2016, provide for the establishment of a Bar Council (Jabmi Tshogdey) and a Bar Association (Jabmi Thuentshog). The Bar Council, according to the Jabmi Act, will have the Attorney General as the ex-officio member, two retired Drangpons (Judges) of the Supreme Court/High Court, the President of the Bar Association as the vice-chairperson, chairpersons of each disciplinary committee and three elected members among the lawyers. The Bar Council will assist the Court, promote and support law reforms, and conduct lawyer selection examinations. The Bar Association will have an elected president, enrolled members, and an executive body elected by the members. The functions of the association include assisting the court in expediting the cases ensuring just, fair, and prompt dispensation of justice, and upholding the integrity of the lawyers.

The Act also states that no person would be qualified to practice as a jabmi unless he or she is enrolled with the Jabmi Tshogdey and retired Drangpons would be allowed to practice as a Jabmi before the higher Court from the Court where he or she presided. The Act also states that an eligible jabmi, among other criteria, must be a Bhutanese, should have legal qualifications recognized by the Jabmi Tshogdey, should have undergone the national legal course, and should have passed the Bar selection examinations.

The concept of jabmi is featured in various sections of the Bhutanese law. Someone embroiled in a legal dispute has always sought the aid of the jabmi. The Bhutanese legal system provided litigants the option to represent themselves or seek legal counsel. It also has an additional clause permitting a member of the family to represent the case on the litigant’s behalf. Therefore, legal counsel was not an alien practice. It was ingrained in the system.

Every district or village had jabmis. According to sources, the presence of the jabmi has been recorded as far back as 1616, when the Zhabdrung came to Bhutan. They were mostly village elders and retired government functionaries respected in their communities for their wisdom, experience, and articulate speech. Their clients paid them in manual labour, agricultural produce or, in some cases, a small piece of property in dispute.

Although generations of Bhutanese litigants had always consulted them, they were never a professional class of people with the requisite credentials common to lawyers and legal counsel elsewhere in the world. In 1996, the Jabmi was licensed, and the profession was formalized by the government.

11. Jigme Singye Wangchuck School of Law (JSW Law)

Jigme Singye Wangchuck School of Law is Bhutan’s only premiere law school established through the Royal Charter on 21st February 2015. In justice, service, and wisdom, JSW Law strives to set the standards and lead the way in education, research, and good practices in the field of law and related fields.

12. Bhutan and International Law

13. Government Ministries

With the enactment of the Civil Service Reform Act of Bhutan, 2022, ministries have been reconstituted as follows:

14.1. Constitutional and Other Relevant Bodies

14.2. Higher Education Institutes in Bhutan

14.3. Periodicals

Newspapers

Journals

14.4. Development Agencies in Bhutan

14.5. United Nations and Bhutan

14.6. Selected Authoritative Readings

Books

  • Richard Whitecross, “The Zhabdrung’s Legacy: Buddhism and Constitutional Transformation in Bhutan.” Cambridge University Press, 2022.
  • William J. Long, Tantric state: A Buddhist approach to democracy and development in Bhutan. Oxford University Press, 2018.
  • Dhurba Rizal, The Royal Semi-Authoritarian Democracy of Bhutan, Lexington Books, 2015.
  • John A. Ardussi and Francoise Pommaret, Bhutan: Traditions and Changes, BRILL, 2007.
  • Awadhesh Coomar Sinha, Himalayan Kingdom Bhutan: Tradition, Transition, and Transformation, Indus Pub. Co., New Delhi, 2001.
  • Christian Hainzl, Human Rights in Bhutan: The Legal System, the Southern Problem, Verlag Österreich, 2000.
  • Christian Hainzl, The Legal System of Bhutan: A Descriptive Analysis. Ludwig Boltzmann Institute of Human Rights, 1998.
  • Michael Aris, Bhutan, the Early History of the Himalayan Kingdom, Aris & Phillips, Central Asian Studies, 1979.

Book Chapter

  • Sunita Giri, “The National Human Rights Protection System of Bhutan.” In A Global Handbook on National Human Rights Protection Systems, pp. 415-432. Brill Nijhoff, 2023.
  • Richard W. Whitecross, “Keeping the Stream of Justice Clear and Pure.” In The Power of Law in a Transnational World: Anthropological Enquiries, Keebet von Benda-Beckmann, Franz von Benda-Beckmann, Anne Griffiths (ed.) Berghahn Books, (2012): 199.
  • Wangyel, Tashi. “Rhetoric and Reality: An Assessment of the Impact of WTO on Bhutan.” The Spider and The Piglet (2004).

Reports

Articles

  • Michaela Windischgraetz, (2023). “Buddhist Values as Legal Values in the Constitution of Bhutan“. HIMALAYA – The Journal of the Association for Nepal and Himalayan Studies, 42(1), 48-60.
  • Stephen Turner and Naysa Ahuja (2021). “The Relationship between Bhutan’s GNH pillars and the Environmental Rule of Law”. Journal of Gross National Happiness and Law, 1 (1). pp. 179-208.
  • Karma Tshering, “Judicial perspectives of the ideological significance of gross national happiness to the judiciary: Ensuring fair trial to self-represented criminal defendants in Bhutan.” The Journal of Legal Pluralism and Unofficial Law 52, no. 3 (2020): 249-275.
  • LHAM Dema, and Stanley YEO, “The Penal Code of Bhutan: Broken from the start?.” Asian Journal of Comparative Law 15, no. 1 (2020): 1-22.
  • Karma Tshering, “Self-Represented Criminal Defendants in Bhutan: Empirical Findings.” Australian Journal of Asian Law 21 (2020): 57.
  • Stephan Sonnenberg, “Formalizing the Informal: Development and its Impacts on Traditional Dispute Resolution in Bhutan.” Washington University Journal of Law & Policy 63 (2020): 143-206.
  • Venkat Iyer, “Constitution-making in Bhutan: a complex and Sui Generis experience.” The Chinese Journal of Comparative Law 7, no. 2 (2019): 359-385.
  • David S. Law, “Isolation and Globalization: The Dawn of Legal Education in Bhutan.” Yonsei Law Journal 9 (2018): 41.
  • Zangpo, Norbu, and Peerasit Kamnuansilpa. “Attitudes of Royal Bhutan police officers towards community policing in Bhutan.” Journal of African & Asian Local Government Studies 2, no. 3 (2013).
  • Palden, Kencho. “Intellectual property, access to medicines and public health issues in Bhutan.” Journal of Bhutan Studies 21 (2009): 43-95.
  • Alessandro Simoni, A Language for Rules, another for Symbols: Linguistic Pluralism and Interpretation of Statutes in the Kingdom of Bhutan, Vol. 8, Summer 2003, Journal of Bhutan Studies [On Legal Reform, Legal Drafting, Interpretation of Statutes]
  • Elena A. Baylis and Donald J. Munro. “Simple Justice: Judicial Philosophy in the Kingdom of Bhutan.” Green Bag 2d 6 (2003): 131-431.
  • Smruti S Pattanaik, “Political reforms in Bhutan: Re‐establishing the old order.” Strategic Analysis, 1998, Vol. 22 (6), 947-952.
  • Pattanaik, Smruti S. “Ethnic identity, conflict and nation building in Bhutan.” Strategic Analysis, 1998, Vol. 22 (4), 635-654.
  • Michael Givel and Laura Figueroa,
    Early Happiness Policy as a Government Mission of Bhutan: ASurvey of the Bhutanese Unwritten Constitution from 1619 to 1729, Journal of Bhutan Studies,
    Vol. 31, 1-21.
  • Mark Turner and Jit Tshering, Is Democracy Being Consolidated in Bhutan? Asian Politics &
    Policy Volume 6, Issue 3, 413–431.
  • McGee, Robert W. “An Overview of Corporate Governance Practices in Bhutan.” In Corporate Governance in Developing Economies, pp. 193-196. Springer, Boston, MA, 2009.
  • Venkat Iyer, Defamation Law in Bhutan: Some Reflections, Journal of Bhutan Studies.
  • Saul, Ben. “Cultural Nationalism, Self‐Determination and Human Rights in Bhutan.” International Journal of Refugee Law 12, no. 3 (2000): 321-353.
  • Simoni, Alessandro, and Richard W. Whitecross. “Gross national happiness and the heavenly stream of justice: Modernization and dispute resolution in the Kingdom of Bhutan.” The American Journal of Comparative Law 55, no. 1 (2007): 165-195.

Thesis

Other