Parliament
52-805: Judiciary A gewog ( Dzongkha : རྒེད་འོག geok , block ), in the past also spelled as geog , is a group of villages in Bhutan . The head of a gewog is called a gup ( རྒེད་པོ་ gepo ). Gewogs form a geographic administrative unit below dzongkhag districts (and dungkhag subdistricts, where they exist), and above Dzongkhag Thromde class B and Yenlag Thromde municipalities. Dzongkhag Thromde class A municipalities have their own independent local government body. Bhutan comprises 205 gewogs, which average 230 km (89 sq mi) in area. The gewogs in turn are divided into chewogs for elections and thromdes "municipalities" for administration. The Parliament of Bhutan passed legislation in 2002 and 2007 on
104-537: A bar association . All jabmi must be members of this body in good standing, and the Act sets forth several requirements for membership. All jabmi must be Bhutanese citizens; persons of integrity, good character and reputation; not addicted to drugs; not of unsound mind or of mental infirmity; not adjudged bankrupt; not sentenced for criminal offences; have legal qualification recognized by the Jabmi Tshogdey ; have undergone
156-643: A Thromde Tshogde if sufficiently developed and populated (Class A Thromdes); or directly by Dzongkhag Administration or the Gewog Administration as decided by the Government (Class B Thromdes and Yenlag Thromdes). From time to time, Parliament decides the boundaries of Thromde in consultation with the National Land Commission Secretariat and local authorities. Each Thromde Tshogde is composed of seven to ten elected members and headed by
208-738: A Thrompon. Thromde Tshogdes are empowered to regulate advertising, enforce public health and safety rules, and to levy taxes on land, property, property transfer ( sales tax ) and, "betterment." The municipal governments are also authorized to levy special taxes on vacant and underdeveloped land to encourage development, and to raise and spend money in to promote local economic development. The administrations overseeing Class B Thromdes and Yenlag Thromdes are tasked with encouraging and overseeing their progressive development into Class A Thromdes – locally governed municipalities. Although Class A and Class B Thromdes were established ahead of local elections in 2011 , Yenlag Thromdes were to be declared only after
260-479: A court within 10 days; or is illegal in nature or object. Parol evidence is admissible only in order to resolve ambiguities, apparently both patent and latent. The Jabmi Act sets forth regulations for the legal profession . Namely, the Act also details the role and responsibilities of the Attorney General of Bhutan. The body which regulates the legal profession is defined as the Jabmi Tshogdey , analogous to
312-456: A form of punishment; mutilation was abolished in 1965. Fines, according to various reports, ranged from the equivalent of US$ 10 to US$ 55, and jail sentences from seven days to one month were levied against citizens who violated the driglam namzha a compulsory but not widely enforced 1989 royal decree that they wear the national dress at formal gatherings to preserve and promote Bhutanese culture . With respect to international criminal law, in 1988
364-624: A preponderance of the evidence. Also like common law jurisdictions, the prosecution's burden of proof (in order to find the accused guilty) is to prove guilt beyond reasonable doubt to the full satisfaction of the Court. The Code's civil procedure section further provides venue, jurisdiction, and pleadings rules. Many aspects are identical to common law procedure, namely the United States Federal Rules of Civil Procedure , including terminology for claims, pleadings, and motions. In civil actions,
416-687: A representative from each household voting to select their local Gup . In 2002, the Parliament of Bhutan enacted a second, more comprehensive Chathrim (Act) also called the Geog Yargay Tshochung. Under the Geog Yargay Tshochung of 2002, gewog administration included the Gup , Mangmi (deputy), Tshogpa (village or village cluster representative), and the non-voting Chupon (village messenger) and Gewog Clerk. Gup and Mangmi sat for three-year terms while normal representatives sat for one year. The body had
468-635: A simple majority of the voting population) to vote no confidence in the local government (by at least two-thirds of the voting population). Representatives must be citizens between the ages of 25 and 65, be a resident of their constituency for at least one year, gain certification by the Election Commission, and otherwise qualify under Electoral Law. While the Gewog Tshogde has powers to regulate resources, manage public health and safety, and levy taxes on land, grazing, cattle, entertainment, and utilities,
520-470: A two-thirds quorum requirement, and voted by simple majority. The Chathrim of 2002 empowered gewogs to levy rural taxes, maintain and regulate natural resources, and manage community and cultural life. The Chathrim of 2002 was superseded by the Local Government Act of 2007, which expanded local bureaucracy and vested more powers in gewog administrators, including enforcement of driglam namzha . Under
572-643: Is a second-level administrative division in Bhutan . The legal administrative status of thromdes was most recently codified under the Local Government Act of 2009 , and the role of thromdes in elections in Bhutan was defined in the Election Act of 2008. Thromde administration is a product of the Bhutanese program of decentralization and devolution of power and authority. Thromdes are administered independently by
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#1733084493075624-986: Is composed of the Supreme Court , the High Court , the Dzongkhag Courts , the Dungkhag Courts , and such other courts and tribunals as may be established by the King on the recommendation of the National Judicial Commission. Under the Constitution, as under the earlier Judicial Service Act, the Druk Gyalpo appoints most of the upper Judicial branch: the Chief Justice of Bhutan and the Drangpons (Associate Justices) of
676-620: Is consistent with the Constitution of 2008 . While modern punishments include imprisonment and fines , capital punishment in Bhutan has been outlawed since March 20, 2004. Under Article 28 § 3 of Constitution of Bhutan , the Royal Bhutan Police, as a trained uniform force under the Ministry of Home Affairs , are primarily responsible for maintaining law and order and prevention of crime, and are also considered to be an important part of
728-505: Is not inconsistent with the Constitution, it remains in effect. The ultimate authority of the judiciary and on the interpretation of laws is the Royal Court of Justice . Its constitutional mandate 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. (Art. 21) The Royal Court of Justice
780-750: The Attorney General of Bhutan . The Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister . The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008 , tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions. In
832-629: The High Court started drafting the Penal Code, which was enacted by the National Assembly in the August 2004. The Penal Code is the consolidation of collection of separate acts and sections of the Thrimzung Chhenmo enacted between 1959 and 1990. It is intended to reinstate dignity to the victims of crime and increase the possibilities for rehabilitation of offenders. It remains intact insofar as it
884-464: The King of Bhutan played an active role in the selection and retention of judges, as well as adjudication. Judicial appointments were made by the monarch, and until 2008, could be recalled by him at any time. Furthermore, the monarch was the final court of appeal (the "Supreme Court of Appeal"). During the reign of the Third King , Druk Gyalpo Jigme Dorji Wangchuck , the National Assembly enacted
936-506: The Local Government Act of 2009 , zepa is head of geog each gewog is administered by a Gewog Tshogde (gewog council), subordinate to the Dzongkhag Tshogdu (district council). The Gewog Tshogde is composed of a Gup (headman), Mangmi (deputy), and between five and eight democratically elected Tshogpas from among villages or village groups. All representatives serve five-year terms, unless the local electorate petitions for an election (by
988-448: The 1980s were public, and it was the practice of the accuser and the accused each to put their cases in person to judges. There were no lawyers in Bhutan's legal system until the 1980s, and decisions were made on the facts of each case as presented by the litigants. Judges appointed by the Druk Gyalpo were responsible for investigations, filing of charges, prosecution, and judgment of defendants. Serious crimes were extremely rare throughout
1040-501: The Act of 2007, additional levels of local administration were carved out from gewogs, namely Dzongkhag Thromde Tshogdes and Gyelyong Thromde Tshogdus. The former were democratically elected bodies under direct dzongkhag management; the latter were democratic autonomous urban areas, or special cities, independent of dzongkhag management. Up through the enactment of the Local Government Act of 2009 , gewogs were subdivided administratively into chiwogs , comprising several villages. Since
1092-594: The Act of 2009, Dzongkhag Thromde Tshogdes, Gyelyong Thromde Tshogdus, and chiwogs have been replaced by thromdes (municipalities) as tertiary administrative divisions. Depending on the population and development of each thromde, it either has an independent bureaucracy ("Class A" Thromdes) or is directly administered by the gewog or dzongkhag ("Class B" and "Dzongkhag Yenlag" Thromdes). In 2002, there were 199 gewogs in Bhutan's 20 dzongkhags; by 2005, there were 205. In Tsirang District , Chanautey , Gairigaun , Tshokhana , and Tsirang Dangra Gewogs were disestablished; in
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#17330844930751144-471: The Act. The Act also established rules of judicial conduct and promotion criteria. The Judicial Service Act of 2007 also codified aspects of the Bhutanese judicial system that appear in the Constitution of 2008 , namely the function of the National Judicial Commission, the roles and appointments of the upper judiciary, and the general framework of the court system. Insofar as the Judicial Service Act
1196-1163: The Bhutanese judicial system, civil and criminal procedure are defined by the Civil and Criminal Procedure Code of 2001. Foremost, the Code provides for open trials, equal protection of the laws, impartiality, and habeas corpus petition rights. Both civil and criminal trials in Bhutan are decided by one or more judges. After final appeal in the court system, the Code provides for appeal to the Druk Gyalpo . General procedure regulations include summons (including service), discovery (including privileges such as attorney work product), attachment of property, injunctions, interlocutory orders, receivership, and other legal mechanisms of common law civil actions. Its guarantees include general evidentiary standards, such as adversarial introduction of physical and testimonial evidence, cross examination, and production of exhibits. Unlike common law systems, however, Bhutanese judges are also authorized to investigate, inspect, or inquire into any matter before it. But as in common law systems, civil actions require parties prove their cases on
1248-791: The Chief Justice of the High Court; the Registrars General of the Supreme Court and High Court; one sitting Drangpon of the Supreme Court; two Drangpons of the Dzongkhag Courts; and one Drangpon of the Dungkhag Courts on a two-year rotational basis. No Supreme Court Drangpon may simultaneously sit on both the Commission and the Council. The Royal Judicial Service Council determines and administers
1300-519: The Code's criminal procedure is identical to that of any modern common law jurisdiction. The Civil and Criminal Procedure Code of 2001 also sets forth the structure and jurisdiction of the Bhutanese court system, echoed in the Judicial Service Act of 2007 and preserved by the Constitution of Bhutan in 2008. Evidentiary standards are codified by the Evidence Act of 2005. The Act includes many modern, liberal English common law provisions including
1352-466: The Drangpons of the Supreme Court and High Court – also the members of the Commission itself). The Commission also advises the Druk Gyalpo on the establishment of courts and tribunals in addition to those established by law. With the enactment of the Constitution of Bhutan in 2008, the Commission membership was reduced to four persons: the Chief Justice of Bhutan as Chairperson, the senior most Drangpon of
1404-456: The Geog Yargay Tshochung of 2002, gewog administration included non-voting Tshogpa , representatives of villages or village clusters. Through the enactment of the Act of 2009, gewogs were divided administratively into representatives by chiwogs , or village groups. The Local Government Act of 2007 was the first piece of Bhutanese legislation to provide distinctions among thromdes, dividing them into two classes: Dzongkhag Thromdes, which lacked
1456-476: The Judicial Commission, the courts, the police, the penal code, and regulations on jabmi ( attorneys ). The National Judicial Commission was established in 2001 as part of Bhutan's Civil and Criminal Procedure Code. It began as a body appointed by the Druk Gyalpo and chaired by the Chief Justice of Bhutan, also a royal appointee. In 2001, the number of council members was not codified. The Commission
1508-631: The National Assembly ratified a SAARC convention on terrorism, which Bhutan has consistently condemned in international forums. It provided for extradition of terrorists. Until the enactment of the Constitution of Bhutan in 2008, the Royal High Court of Bhutan was the highest court in the kingdom . The Royal High Court had original jurisdiction over the twenty dzongkhags of the nation. Thromde Parliament Judiciary A Thromde ( Dzongkha : ཁྲོམ་སྡེ་; Wylie : khrom-sde )
1560-685: The National Legal Course; and have passed the Bar selection examinations. The Constitution guarantees all persons the right to "consult and be represented by a Bhutanese Jabmi of [their] choice." (Art. 7, § 21) Notably, instances of repeated violations of the Jabmi Act by one jabmi resulted in a one-year prison sentence as well as multiple fines and monetary judgments against him. Under the Royal Command of Druk Gyalpo Jigme Singye Wangchuck in 1995,
1612-738: The Supreme Court, the Chairperson of the Legislative Committee of the National Assembly, and the Attorney General (Art. 2) All members of the Committee except the National Assembly Committee Chairperson remain royal appointments. The Judicial Service Act of 2007 also established the Royal Judicial Service Council, an administrative agency ancillary to the National Judicial Commission. It has seven members:
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1664-402: The Supreme Court; the Chief Justice and Drangpons (Associate Justices) of the High Court. These royal judicial appointments are made from among the vacant positions' peers, juniors, and available eminent jurists in consultation with the National Judicial Commission. Within the court system, the government of Bhutan and its organs are advised and represented in civil and criminal proceedings by
1716-402: The creation of three additional gewogs: Bumdeling , Khamdang , and Ramjar . Since 2005, gewogs and dzongkhags have continued to evolve. On April 26, 2007, Lhamozingkha Dungkhag (subdistrict) was formally transferred from Sarpang Dzongkhag to Dagana Dzongkhag , affecting the town of Lhamozingkha and three constituent gewogs – Lhamoy Zingkha , Deorali and Nichula (Zinchula) – that formed
1768-450: The developmental capacity to form administrations in their own right; and Gyelong Thromdes, which were independent, non-legislating municipalities administered by a Gyelyong Thromde Tshogdu (Gyelyong administration). Each Gyelong administration was headed by an Executive Secretary. The administrative role of Gyelong Thromde Tshogdus were largely analogous to later roles for more developed municipalities. The Constitution of 2008 confirmed
1820-403: The exclusion of evidence that is unfairly prejudicial, exclusion of evidence of attempts to settle outside court, and exclusion of evidence of subsequent remedial measures. The Act, however, does not guarantee parties before a court to confront the witnesses against them when the court believes the witness' identity needs to be protected. Physical evidence on an issue renders documentary evidence on
1872-596: The first comprehensive codified laws known as the Thrimzhung Chhenmo ("Supreme Law") in 1953, which contain almost all modern categories of criminal offenses and their penalties. The 1965 code, however, retained most of the spirit and substance of the seventeenth-century code. Family problems, such as marriage, divorce, and adoption, usually were resolved through recourse to Buddhist or Hindu religious law . As late as 1991, village heads often judged minor cases and district officials adjudicated major crimes. Trials in
1924-485: The gewog administration and all other local governments are prohibited to pass laws. The gewog administration has jurisdiction over roads, buildings (including architecture) , recreational areas, utilities, agriculture, and the formulation of local five-year development plans. The Gewog Tshogde also prepares, reports, and expends its own gewog's budget under the supervision and approval of the Minister of Finance. Beginning in
1976-423: The late 1980s, the King of Bhutan , Jigme Singye Wangchuck pursued a long-term programme of decentralization. In 1991, following this principle, the King enacted the first Geog Yargay Tshogchung as a framework for local administration. Under the first Geog Yargay Tshochung, gewogs became official administrative units, each headed by a Gup or headman. The first-ever elections in Bhutan were held at that time, with
2028-712: The meanwhile Barshong , Rangthangling , Tsholingkhar , and Tsirangtoe Gewogs were created. Likewise, in Sarpang District , Sarpangtar Gewog was disestablished. Chukha District no longer contains Bhulajhora Gewog , but now contains Sampheling Gewog . Samtse District no longer contains Ghumauney , Mayona , and Nainital Gewogs; it now contains Ugentse and Yoeseltse Gewogs . In Thimphu District , Bapbi Gewog disappeared. In Samdrup Jongkhar District , Bakuli and Hastinapur Gewogs disappeared, replaced by Dewathang , Langchenphu , Pemathang , Phuntshothang , Serthi , and Wangphu Gewogs . Trashiyangtse District saw
2080-491: The nation's security force. Furthermore, the Royal Bhutan Police are empowered with some quasi-judicial powers, namely to prosecute suspects and to summon witnesses. Bhutan 's civil and criminal codes are based on the Tsa Yig , a code established by Shabdrung Ngawang Namgyal in the seventeenth century. The Tsa Yig was revised in 1957 and ostensibly replaced with a new code in 1965. Historically, in Bhutan's judicial system,
2132-573: The organizational structure, budgetary, and personnel requirements of the judiciary. The Council is also empowered to create and abolish posts other than those of the Supreme Court and the High Court Drangpons, regulate higher or continuing legal education, and oversee the Judicial Service Selection Examination. All decisions of the Council must be reviewed by the Chief Justice of Bhutan. The Judicial Service Act codified
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2184-442: The parties are at all times able to resolve their disputes before local government mediators. The Code's criminal procedure section provides laws on arrest by police (with and without warrant), citizen's arrest, several kinds of search and seizure (also with and without warrant), charge, and trial procedure. Pleas, bargaining, and sentencing are also regulated under the Code, along with special rules for juvenile offenders. Nearly all
2236-436: The presence of one witness of each party; signature by all parties or another person himself duly empowered by a written agreement; and legal execution with a stamp . Contracts are invalidated by an erased word; an alteration which is not counter-signed by the parties executing the agreement; a defective seal or signature; an improper legal stamp; the mental unsoundness, duress, or minority of a party; an objection by any party in
2288-533: The requirement that those in judicial service attain at least a bachelor of laws , including support personnel ( clerks ). Drangpons of the Dzongkhag and Dungkhag Courts are required to attain a postgraduate diploma in National Law. Prior to the Act, judges were selected from among civil servants. Other qualifications, such as natural born citizenship, lack of foreign relations, and political detachment are imposed under
2340-528: The same issue inadmissible unless the court finds there is substantive and reasonable ground for the physical evidence to be untrue and irrelevant. Thus, judges retain a high level of discretion in the admission of evidence in all cases and the ability to rebut witness evidence in certain others. Witnesses may be impeached by prior inconsistent statements or by evidence of prior bad acts involving dishonesty or fraud . There are also provisions protecting witnesses and victims of sexual crimes which render evidence about
2392-543: The second parliamentary elections in 2013. This would be followed by another delimitation of the 16 Dzongkhag Thromdes (Class B) and a review of chiwog numbers and boundaries affected by the declaration of the Yenlag Thromdes. In 2015 a list was approved by parliament of updated Dzongkhag and Yenlag Thromdes boundaries. As of 2017 there are only four self-governing Thromdes (Dzongkhag Thromde class A): Thimphu , Phuentsholing , Gelephu and Samdrup Jongkhar . Under
2444-442: The status of thromdes, providing for Thromde Tshogdes as the most basic level of some local government administration; for other thromdes, administration was provided directly through Dzongkhag Thromde representation by one elected member from Dzongkhag Thromdes, and a second from Dzongkhag Yenlag Thromdes. The Constitution provided the basic legal framework for thromde administrations in the terms that continue today. The following
2496-483: The status, structure, and leadership of local governments, including gewogs. The most recent legislation by parliament regarding gewogs is the Local Government Act of Bhutan 2009 . In July 2011, the government slated 11 gewogs across Bhutan for reorganization, including both mergers and bifurcations, to be debated in dzongkhag local governments. These changes are contemplated to promote ease of travel to gewog capitals and to equitably allocate development resources. Under
2548-404: The twentieth century, although there were reports of increased criminal activity in the 1980s and early 1990s with the influx of foreign laborers, widening economic disparities, and greater contact with foreign cultures. Arrests could be made only under legal authority. Exile, stated as a punishment in the 1953 Constitution of the National Assembly , and its 1968 revision, was generally unused as
2600-429: The westernmost part of Sarpang and now form the southernmost part of Dagana. The following is a list of 205 gewogs of Bhutan by dzongkhag in a chronological order: Judicial system of Bhutan Parliament Judiciary The judicial system of Bhutan is the purview of the Royal Court of Justice , the judicial branch of the government of Bhutan under the Constitution of 2008 . The judicial system comprises
2652-470: The witness or victim's sexual behavior inadmissible in most situations. Hearsay (including non-hearsay and hearsay exceptions), party admissions, burdens, and presumptions are also codified in a fashion similar to the United States Federal Rules of Evidence . The Evidence Act also covers the requirements of contracts , legally termed "written agreements". Valid agreements require writing in
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#17330844930752704-418: Was reshaped with the enactment of the Judicial Service Act of 2007. Its membership was codified to include the chairperson of the Legislative Committee of the National Assembly , the Attorney General, the senior most Associate Justice (Drangpon) of the Supreme Court, and the Chief Justice of Bhutan as Chairperson. The Commission advises the Druk Gyalpo on judicial appointments (the Chief Justice of Bhutan and
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