National Assembly of Bhutan
From Bhutannica
Introduction
The year 1907 marks the beginning of a new era in the history of Bhutan. On 17 December of that year, the whole body of the clergy, the State Councillors, the Chillahs of all the districts, and the representatives of the people met at Punakha and unanimously elected Tongsa Penlop Ugyen Wangchuck as the first hereditary King of Bhutan. He brought peace and stability to the country and laid the foundation for the emergence of modern Bhutan.
The reign of the third King Jigme Dorji Wangchuck was marked by the progressive opening of the country to the outside world.
The very first of many visionary initiatives taken by the third King, was the establishment of the Tshogdu (National Assembly) in 1953. Although the people said they were not ready for such a forum, the King insisted on the establishment of the National Assembly to discuss issues of national interest, promote public welfare and develop political consciousness among the people so that they could play a greater role in the decision making process and running of the country.
Procedure
The proceedings of the National Assembly are regulated by the Rules of Procedure of the National Assembly. All the members are required to report to the National Assembly two days prior to the commencement of the Assembly session during which time the newly elected members take their oath and complete other formalities. The conduct and proceedings of a National Assembly session in Bhutan is unique. The elaborate traditional ceremonies during the inaugural and closing sessions, the observance of a dress and speech code, proper floor decorum, mandatory presence of all its members throughout the session, and above all the observance of courtesy and respect among its members for maintaining and upholding the sanctity of the highest decision making body in the country, all contribute to the unique nature of Bhutan's National Assembly.
While Dzongkha, the national language is the main language used in the Assembly
Election and Eligibility for Membership
The rules and procedures for election of National Assembly members was promulgated by the National Assembly in its session in 1954. The rules and procedures were revised in 1968 during the 29th Session of National Assembly and again in 1981 during the 55th Session of the National Assembly.
His Majesty Jigme Singye Wangchuck, the fourth Druk Gyalpo with his deep commitment to people's participation in the decision making process and with the desire to strengthen and modernize the functions of the National Assembly was pleased to direct that a further amendment of the Chathrim for election of National Assembly Members be presented before the 73rd Session of the National Assembly for enactment. After a thorough debate the 73rd Session adopted the 1995 Amended Chathrim for Election of National Assembly Members.
Any Bhutanese citizen who has attained the age of 25, possessing sound mind and who has not served a prison sentence on criminal charges is eligible to be elected as a member. The members of the National Assembly are elected for three years in individual constituencies at various dates depending on the expiry of the incumbent's term.
The Speaker of the National Assembly sends a circular to the concerned Dzongdags whenever the election of a member falls due in a particular constituency. The concerned Dzongdag (District Administrator) or his representative convenes a meeting of the general public of that constituency. During this meeting which is attended by every household in the constituency, each household selects its representative. If a candidate is unanimously selected, he/she is deemed to be the elected representative of the constituency. However, if more than two candidates are selected, the representative for the constituency is elected through secret ballot. On receiving the completed forms of the elected people's representative of the particular constituency, through the Dzongkhag Administration, the Speaker formally issues an Acceptance Letter.
Procedural initiatives, innovations and development.
Since its inception, significant changes have taken place in the National Assembly in keeping with the modern trends. At the time of its establishment the scope and nature of issues for deliberation in the National Assembly were limited to issues affecting the people at the village, block and district level. Many of these issues are today resolved by the Block Development Committees and District Development Committees. Today, the nature and scope of deliberations in the National Assembly encompass both national and international issues which are of national concern and importance.
Until 1968, the National Assembly did not possess legislative supremacy. The King could veto any decision or legislative bill passed by the National Assembly, and all resolutions required his approval. During the 29th session, held from 12th to 23rd November 1968, the third King with the visionary aim of inducting liberal principles into the system voluntarily surrendered his veto power, thus vesting full legislative power in the Assembly. Since then, no decision of the National Assembly embodied in any resolution or statute requires royal assent before becoming operative.
Another significant liberalization move initiated by the third King in the National Assembly was the introduction of the no-confidence vote during the 30th session of the Assembly in May 1969. With the introduction of the no-confidence vote, all senior officials of the government including the King himself could be forced to resign from public service if they received a no-confidence vote in the Assembly. The National Assembly adopted this proposal with some modification after the King repeated his recommendation. Under this act, the reigning monarch would be obligated to abdicate if two-thirds of the house supported a vote of no-confidence in his conduct of affairs.
The Spring session of the National Assembly in 1973, however, unanimously took the initiative to abolish the system of calling for a no-confidence motion against the King. This decision was adopted by the National Assembly since His Majesty, as the rightful hereditary King of Bhutan, enjoyed the complete loyalty and confidence of the people, and the members felt that as a small landlocked country, undesirable elements both from within and outside could use this system to destabilise the country.
His Majesty Jigme Singye Wangchuck, the fourth King, with his deep commitment to promoting people's participation in the decision making process, established the Dzongkhag Yargye Tshogchungs (District Development Committees) by a Royal Decree in 1981. The 20 District Development Committees in the country have since provided effective forums for discussing and deciding issues of concern to the people at the district level. To promote further decentralization and take the decision making process right down to the grassroots level in the village and promote political consciousness, 196 Gewog Yargye Tshogchungs (Block Development Committees) were established in 1990 by His Majesty the King. The members of the District Development Committees and Block Development Committees are all elected by the people. All points for discussion in the National Assembly are first discussed in the Block Development Committees. Issues which cannot be decided at the block level are then discussed at the district level by the District Development Committees, which then decide the points/issues to be forwarded for discussion in the National Assembly.
All the decisions in the National Assembly are taken by consensus. However, in the event a vote is required on a particular subject during the Assembly, a two thirds majority is required to pass the resolution. While decision by consensus generally takes precedence, voting through secret ballot is also adopted in case of divided opinion on an issue. The day to day business of the house are compiled by the Assembly Secretariat. The Secretary of the National Assembly presents the compiled resolutions to the full sitting of the house before the conclusion of the session. Any member who does not agree with any of the draft resolutions is free to express his objection. Only after the draft resolutions are endorsed by the house, are the proceeding and resolutions published in a booklet and distributed to all the members after the session.
During the 76th session of the National Assembly held from 29th June to 30th July 1998, His Majesty the King introduced historic changes in the governance of the country. These changes were far-reaching and further deepened the process of democratization and people’s participation initiated by His Majesty the King ever since he ascended the throne. In a Kasho (Royal edict) issued to the National Assembly, His Majesty proposed that all Cabinet Ministers should henceforth be elected by the National Assembly and that the National Assembly should have a mechanism, to register a vote of confidence in His Majesty the King. After much debate and reluctance, the National Assembly approved the changes. In accordance with these changes, His Majesty the King no longer presides over the Lhengye Zhungtshog which has been vested with full executive powers. As a result, the Chairman of the Council is now the Head of Government. The Council of Ministers only has to keep the King fully informed on matters that concern the security and sovereignty of the country.
The Royal Kasho not only gave the devolution of power from the King to the Council of Ministers but also enhanced the power of the National Assembly. It decreed the National Assembly with not only the responsibility of electing Cabinet Ministers but also empowered it to develop a mechanism for registering a vote of confidence in His Majesty the Druk Gyalpo.
The democratization process of governance initiated by the King has not only increased and diversified the functional roles and responsibilities of the National Assembly but also demands a more visible and specific role in maintaining checks and balances of the Bhutanese political system.
Functions, Duration, Presiding Officers, Composition, Eligibility for Membership and Budgetary process
The main functions of the National Assembly are to enact, amend or repeal laws, endorse appointments of senior government officials, and approve the national budget. The National Assembly also approves the Five-Year Plans which are formulated by the government in consultation with the people of every district, initially through the Block Development Committees and District Development Committees, and finally in large public meetings with the King and sectoral heads of the Government. It also deliberates on issues that affect the security and well-being of the country and promote the welfare and happiness of the people.
The National Assembly normally meets twice a year. However, if important and emergency matters so require, special sessions of the National Assembly may be convened by the Speaker. The duration of a National Assembly session is governed by the nature and scope of the points for discussion received from the people. A session normally lasts about three weeks.
The Speaker is the presiding officer of the House. He is assisted by the Deputy Speaker in the conduct and smooth functioning of the house.
The National Assembly has 47 members, elected representatives from each 47 Constituencies directly elected by the people of their respective constituencies through secret ballot. Ministers represents both the Government and the people. All the members serve for a term of five years. The Speaker and the Deputy Speaker are elected by the National Assembly from among its members. There are 4 women representatives in the National Assembly.
The day to day administrative functions of the National Assembly rests with the Secretariat which is headed by a Secretary.
Relations with the Executive and the Judiciary
The National Assembly is the highest legislative and policy making body in the country. All laws and by-laws and matters of national importance are debated and adopted by the National Assembly. While the Executive implements the laws passed by the Assembly, the judiciary upholds and safeguards the laws maintaining an independent status. Should the judiciary, the executive, private organizations and the people face any inconveniences with the existing rules or laws, suitable amendments or repealing of such rules and laws can be done by the National Assembly if the issue is brought before it for deliberation.
In 1984, the present King further strengthened the position of the Royal Advisory Council. Although the Council had the authority to advise the King and to watch over the performance of the government, His Majesty felt that it lacked the necessary clout to carry out important responsibilities. A revised set of rules and regulations for the functions and responsibilities of the Royal Advisory Council was, therefore, formulated on the instruction of His Majesty the King. The most notable addition is the inclusion of a clause stating that "if any person, including His Majesty the King, does anything harmful to the interest of the Kingdom and the people, the Royal Advisory Council without suppressing such matters and free of fear from any quarter shall bring it to the attention of His Majesty the King and, if necessary, even report it to the Cabinet and the National Assembly".
The National Assembly strongly objected to this clause empowering the Royal Advisory Council to report against the King. The Assembly felt that it was a violation of traditional values and that it undermined the sacred principles of loyalty and devotion to the throne. His Majesty the King, however, insisted that this clause was of great importance and was very necessary as no one can predict or guarantee the actions and sense of responsibility to the nation of future rulers.
As and when required the National Assembly can appoint a committee to study and report on matters of national importance. The composition of its members solely depend on the nature and scope of the subject to be discussed. The findings/recommendation of such committees are then submitted to the National Assembly for further discussion and adoption.
Summary
The National Assembly is the highest decision making body in the country and it plays an increasingly crucial role in the enactment of national laws and public policies. The very inception of the National Assembly and its development to this stature and supremacy is due primarily to the far-reaching reforms initiated from the throne.