a brief introduction to the parliament of bhutan
TRANSCRIPT
A brief introduction to the Parliament of Bhutan 1st Bloggers’ Conference
August 30, 2015
By Sangay Khandu
1 MP Sangay Khandu © 2015
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Constitution
[sic] SOLEMNLY pledging ourselves to strengthen the
sovereignty of Bhutan, to secure the blessings of
liberty, to ensure justice and tranquility and to
enhance the unity, happiness and well being of
the people at all times:
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State
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Citizenry
Parliament
Executive Judiciary Media
Constitutional bodies
Parliament
National Council
5 eminent representatives
20 elected representatives
National Assembly
47 elected (55 max)
representatives
Druk Gyalpo
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Functions of Parliament
• Legislation
• Oversight
• Representation
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MPs Parliamentary Committees
Unique powers of the 2 Houses National Assembly
• Political
• Origin of money &
finance Bills
• Formation of
Government
• Stage for dissolution
of Government
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National Council
• Apolitical
• Continuous house
• House of review
• Mixed membership
of elected & eminent
There shall be a Parliament of Bhutan in which all
legislative powers under this Constitution are vested
and which shall consist of the Drukgyalpo, the
National Council and the National Assembly (Article
10,1)
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Legislation Oversight Representation
Parliament shall ensure that the Government safeguards
the interests of the nation and fulfils the aspirations of
the people through review of public policies and issues,
Bills and other legislations, and scrutiny of State
functions (Article 10,2)
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Legislation Oversight Representation Legislation Oversight Representation
• Taxes, fees and other forms of levies shall not be imposed or altered except by law (Article 14,1)
• Public money shall be not be drawn from the Consolidated Fund except through appropriation in accordance with the law (Article 14,3)
• The Government, in public interest, may raise loans, make grants or guarantee loans in accordance with the law (Article 14,4)
• Budget needs approval of Parliament/NA (Article 14,9 & 10)
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Legislation Oversight Representation
The members of Parliament or any Committee thereof
shall be immune from any inquiry, arrest, detention or
prosecution on account of any opinion expressed in the
course of the discharge of their functions or vote cast
in Parliament and no person shall be liable in respect of
any report, paper or proceedings made or published
under the authority of Parliament (Article 10,21)
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Legislation Oversight Representation
Laws and bylaws of Parliament The Constitution of Bhutan, 2008
National Council Act, 2008
RoP of NC
National Assembly Act, 2008
RoP of NA
Legislative RoP for joint sitting 2011
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Role of an MP
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MP LG
submissions
Suo moto
Constituency
tour
Plenary Parliament
Media
Government
Judiciary
Parliamentary Committees • Standing Committee
• Adhoc Committee
• Joint parliamentary committee
»Public Accounts Committee > Audit Report…
»Joint Committee at joint sitting
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Decision-making in Parliament
• By consensus
• By vote
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Quorum for decision • Simple majority of the House
• Not less than 2/3 of total number of members present and voting at joint sitting
• Incase of Constitutional Bill, not less than ¾ of total number of members at a joint sitting in the next session
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Types of voting • Election of presiding officers (secret ballot)
• Bills (including constitutional Bill)
• Resolutions
• Dissolution of Government (no confidence)
• Impeachment
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Bill A draft law before it is passed in Parliament is
called a Bill.
2 types of Bills;
1. Government Bill; and
2. Private Members’ Bill
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Legislative cycle
National
Council
National
Assembly
Step 1. Bill is passed by NC and submitted to NA in June 2014
Step 2. Bill is passed by NA and submitted to NC in December 2014
Druk Gyalpo
*Step 3(6). Bill submitted for Royal Assent/ JS
December 2014
*Step 4(7). A law is enacted, or
a dead Bill arises
Step 5. Disputed Bill to joint sitting
June 2015/ extraordinary sitting
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The Prime Minister shall present an Annual Report on
the state of the nation, including legislative plans and
the annual plans and priorities of the Government, to
the Druk Gyalpo and to a joint sitting of Parliament
(Article 10,10)
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Legislation Oversight Representation
Oversight and representation • By debating on Government policies, including
legislation
• By raising questions concerning implementation of
Government plans and programmes
• By discussing annual reports (i.e., anti-corruption
report, audit report, etc)
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Both Houses shall determine their rules of procedure,
and the proceedings of each House shall be conducted
in accordance with its own rules. The rules of
procedure in each House shall provide for the
appointment of Committees to carry out the business
of Parliament (Article 10,11)
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Legislation Oversight Representation
Separation of power
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There shall be separation of the Executive, the
Legislature and the Judiciary and no encroachment
of each other’s powers is permissible except to the
extent provided for by this Constitution. (Article
1,13)
The Constitution provides for separation of power but does not
imply the three being separate or equal.
checks and balances
The Arms of State
Parliament
Judiciary
Executive
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Power of Interpretation
Power of Law-making
Power to Executive
The Constitution carries expectation of checks & balances within the three without
encroaching onto the other’s power.
Primacy of Parliament • The Executive/Government flows out of Parliament. Without Parliament, it
can not exist.
• The Executive can not execute without approval of Budget by Parliament; purpose ceases to exist.
• The Executive is dissolved by decision of Parliament; it is accountable to Parliament.
• The Judiciary’s power to interpret only arises after an act of Parliament; its purpose.
• Removal of highest offices in the Judiciary is carried out through an act of Parliament (impeachment).
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Opinion versus interpretation
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Thank you!
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The End