a brief introduction to the parliament of bhutan

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:

2 MP Sangay Khandu © 2015

State

MP Sangay Khandu © 2015 3

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

4 MP Sangay Khandu © 2015

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)

9 MP Sangay Khandu © 2015

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)

10 MP Sangay Khandu © 2015

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

13 MP Sangay Khandu © 2015

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

15 MP Sangay Khandu © 2015

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

18 MP Sangay Khandu © 2015

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)

19 MP Sangay Khandu © 2015

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)

MP Sangay Khandu © 2015 20

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)

21 MP Sangay Khandu © 2015

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

25

Thank you!

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The End