Legal System of Bhutan

Bhutan is located in South Asia. It is geographically situated in southern asia, between china and india. The country achieved independence on 17 december 1907 (became a unified kingdom under its first hereditary king); 8 august 1949 (treaty of friendship with india maintains bhutanese independence). The capital is Thimphu.

Government Overview

Government Type: constitutional monarchy Chief of State: King Jigme Khesar Namgyel WANGCHUCK (since 14 December 2006) Head of Government: Prime Minister Tshering TOBGAY (since 28 January 2024) Cabinet: Council of Ministers or Lhengye Zhungtshog members nominated by the monarch in consultation with the prime minister and approved by the National Assembly; members serve 5-year terms Administrative Divisions: 20 districts (dzongkhag, singular and plural); Bumthang, Chhukha, Dagana, Gasa, Haa, Lhuentse, Mongar, Paro, Pemagatshel, Punakha, Samdrup Jongkhar, Samtse, Sarpang, Thimphu, Trashigang, Trashi Yangtse, Trongsa, Tsirang, Wangdue Phodrang, Zhemgang National Holiday: National Day (Ugyen WANGCHUCK became first hereditary king), 17 December (1907) Suffrage: 18 years of age; universal

Legal System

The legal system of Bhutan is described as civil law based on Buddhist religious law International Law: has not submitted an ICJ jurisdiction declaration; non-party state to the ICCt

Constitutional Framework

The constitution has the following history: previous governing documents were various royal decrees; first constitution drafted November 2001 to March 2005, ratified 18 July 2008 Amendment Process: proposed as a motion by simple majority vote in a joint session of Parliament; passage requires at least a three-fourths majority vote in a joint session of the next Parliament and assent by the king

Judicial Branch

Highest Court(s): Supreme Court (consists of the chief justice and 4 associate justices) Judge Selection: Supreme Court chief justice appointed by the monarch on the advice of the National Judicial Commission, a 4-member body to include the Legislative Committee of the National Assembly, the attorney general, the Chief Justice of Bhutan and the senior Associate Justice of the Supreme Court; other judges (drangpons) appointed by the monarch from among the High Court judges selected by the National Judicial Commission; chief justice serves a 5-year term or until reaching age 65 years, whichever is earlier; the 4 other judges serve 10-year terms or until age 65, whichever is earlier Subordinate Courts: High Court (first appellate court); District or Dzongkhag Courts; sub-district or Dungkhag Courts

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: National Assembly (Tshogdu) (47 (all directly elected) seats) Electoral System (Lower Chamber): plurality/majority Upper Chamber: National Council (Gyelyong Tshogde)

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: the father must be a citizen of Bhutan Suffrage: 18 years of age; universal

Historical Background

After Britain’s victory in the 1865 Duar War, Britain and Bhutan signed the Treaty of Sinchulu, under which Bhutan would receive an annual subsidy in exchange for ceding land to British India. Ugyen WANGCHUCK – who had served as the de facto ruler of an increasingly unified Bhutan and had improved relations with the British toward the end of the 19th century – was named king in 1907.

This article provides a summary of the legal system and governmental structure of Bhutan based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.