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For this paper, we shall analyze Bhutan’s contemporary politics using the three political
institutions provided by Fukuyama. We shall introduce a brief background of the pre-
constitutional Bhutan but will further study its current position as a democratic constitutional
monarchy.
State
“ Throughout my reign, I will never rule you as a King. I will protect you as a
parent, care for you as a brother and serve you as a son. I shall give you everything and
keep nothing; I shall live such a life as a good human being that you may find it worthy to
serve as an example for your children; I have no personal goals other than to fulfill your
hopes and aspirations. I shall always serve, day and night, in the spirit of kindness, justice
and equality.”
From His Majesty's Coronation Address to the people of the Kingdom of Bhutan, 6 November 2008
“
Article 2
The Institution of Monarchy
1. His Majesty the Druk Gyalpo is the Head of State and the symbol of unity of the Kingdom
and of the people of Bhutan.
2. The Chhoe-sid-nyi of Bhutan shall be unified in the person of the Druk Gyalpo who, as a
Buddhist, shall be the upholder of the Chhoe-sid.
13. The Druk Gyalpo and the members of the Royal Family shall be entitled to:
(a) Annuities from the State in accordance with a law made by Parliament;
(b) All rights and privileges including the provision of palaces and residences for official and
personal use; and
(c) Exemption from taxation on the royal annuity and properties provided for by sections
13(a) and 13(b) of this Article.
14. There shall be a Privy Council, which shall consist of two members appointed by the
Druk Gyalpo, one member nominated by the Lhengye Zhungtshog and one member
nominated by the National Council.
15. The Druk Gyalpo shall not be answerable in a court of law for His actions and His person
shall be sacrosanct.
19. The Druk Gyalpo shall, by warrant under His hand and seal, appoint:
(a) The Chief Justice of Bhutan in accordance with section 4 of Article 21;
(b) The Drangpons of the Supreme Court in accordance with section 5 of Article 21;
(c) The Chief Justice of the High Court in accordance with section 11 of Article 21;
(d) The Drangpons of the High Court in accordance with section 12 of Article 21;
(e) The Chief Election Commissioner and Election Commissioners in accordance with section
2 of Article 24;
(f) The Auditor General in accordance with section 2 of Article 25;
(g) The Chairperson and members of the Royal Civil Service Commission in accordance with
section 2 of Article 26;
(h) The Chairperson and members of the Anti-Corruption Commission in accordance with
section 2 of Article 27;
(i) The heads of the Defence Forces from a list of names recommended by the Service
Promotion Board;
(j) The Attorney General in accordance with section 2 of Article 29;
(k) The Governor of the Central Bank of Bhutan on the recommendation of the Prime
Minister;
State
(l) The Chairperson of the Pay Commission in accordance with section 1 of Article 30;
(m) The Cabinet Secretary on the recommendation of the Prime Minister;
(n) The Secretary General of the respective Houses on the recommendation of the Royal
Civil Service Commission;
(o) Ambassadors and Consuls on the recommendation of the Prime Minister;
(p) The Secretaries to the Government on the recommendation of the Prime Minister who
shall obtain nominations from the Royal Civil Service Commission on the basis of merit and
seniority and in accordance with other relevant rules and regulations; and
(q) Dzongdags on the recommendation of the Prime Minister who shall obtain nominations
from the Royal Civil Service Commission.
”
Even as its political system has just shifted, Bhutan’s stability remains to be
undisturbed. One factor that helped in its smooth and peaceful transition is the king
together with the citizen’s great reliance on his words. With this, we provide four posits
that makes the king that powerful.
First, it is common that a king, being the head of state, holds only a ceremonial post but
is the icon of great respect for the state’s citizens, like in any other constitutional
monarchy. Since the Bhutanese have been accustomed to a hereditary monarchy, even
as a head of state, the king has this power enveloped in the dependence of the initially
apolitical people and his influence. As part of the Royal family, the king is also entitled to
privileges. He may also exercise constitutional prerogatives such as that of kidu- the
fundamental responsibility of the king to the well-being of the people- which paved way
for one of the most important reforms on agrarian and territorial affairs.
Second, having a dual system of governance, the Chhoe-Sid Nyi – the spiritual
(religious) and temporal (civil administrative) authorities- strengthens more the power of
the king as he have both the power as a public administrator and the respect as the
head of the state religion, which will be given much importance in the next title.
Third, the king has this appointing power in the legislative (5 National Council
members), executive (Cabinet Secretary and the Anti-Corruption Commission), and the
judiciary (the Chief Justice and the Drangpons/Assoc. Justices). Even as a monarch, his
power extend to that of the government and in all three branches.
Lastly, the Constitution provided that “The Druk Gyalpo shall not be answerable in a
court of law for His actions and His person shall be sacrosanct.” This means that any
action of the king which in their moral conduct or norms and traditions which may seem
wrong be deemed and considered as sacred. Thus, the king won’t be put trial. But it
should also be noted that the parliament or by national referendum, “The Druk Gyalpo
shall abdicate the Throne for wilful violations of this Constitution…”
Such are the powers of the Druk Gyalpo. It only comes back to the benevolence of the
king to contribute in the impersonal interest of the monarch in achieving a developed
state in the modern Bhutan.
Rule of Law
The Rule of Law being the second political institution is the one that limits the
overwhelming power of the state. According to Fukuyama, the rule of law differs greatly
to the rule by law, for the former is superior even to the makers of the law while the
latter entails otherwise. Fukuyama also explained this, tracing it back to its source,
religion, particularly the Roman Catholic and the pope.
It has been previewed by the first title that there’s a dual system of governance
known as the Chhoe-Sid Nyi. Even before the passing of the Constitution, Bhutan has
recorded the use of this diarchy but unlike today, they had a separate authority for
spiritual and temporal affairs. Now, by provision of the Constitution, the both have been
unified as the responsibility of the king.
The king, being the upholder of the Chhoe-Sid, is also the upholder of the
Constitution. That being said, he shall bring forth Buddhism and its principles and
values as Bhutan’s spiritual heritage.
Preamble of the
Kingdom of Bhutan
Rule of Law
words of the monarchy are followed and no constitutions were there to guide the people
and the monarchy. Only in 1968 that a speck of the rule of law came to branch out of
that political system when Bhutan instituted its first judicial High Court. And in 2001, by
order of the fourth Druk Gyalpo, Bhutan drafted its first constitution. When the fifth king
was enthroned in 2008, the Constitution was then endorsed, but the public had been
feeling uneasy with a new institution that came to them.
The Constitution, however, provides that Buddhism is Bhutan’s spiritual heritage,
and the incumbent King affirmed this in a statement he gave saying that the constitution
is based on the principle and values of Buddhism that functions with democracy. It is
with direct relation to what Fukuyama has said that the source of the rule of law can be
traced back to religion. In Bhutan’s case, it is Buddhism. Bhutan, being truly inclined
with their culture and tradition, adheres firmly with Buddhism that also paved way to
their basis of development, the program of Gross National Happiness
Analysing this, there’s a vague distinction to the king and the rule of law.
Approaching this in the perspective of the citizens, the constitution provides that the
king is also their religious leader together with the monastic community and he also has
this prerogative kidu which he can the citizens. The people also respect his actions as
sacred. On the other hand, approaching this in the eyes of the king, he duly submits
himself to what his birth brought upon him as a royalty. Though bounded by
Constitution, he is innately using his powers for the people which the event of agrarian
reform by the royal land kidu of the king has confirmed.
With this, like in the ending paragraph of the preceding title, it is the personal
delight of the king to do “good” to his people and his people depends on this goodness.
But reiterating this statement, this leads us to what the next chapter pertains, and the
third political institution of Fukuyama.
Political Accountability
The platform for public opinion has not been limited to elections because of the
protection and benefits that the CSO Act grants. According to the CSO Act of Bhutan in
200 7, “Civil Society Organizations (“CSO”) shall refer to associations, societies,
foundations, charitable trusts, not-for-profit organizations or other entities that are not
part of Government and do not distribute any income or profits to their members,
founders, donors, directors or trustees. CSOs do not include trade unions, political
parties, cooperatives or religious organizations which are devoted primarily to religious
worship.” In Bhutan, civil society exists perhaps more informally than formally and plays
many important roles in the socio-economic development and preservation of their
culture and environment. Currently, there are 30
registered CSO of which 24 are public benefits
organizations (PBOs), meaning their advocacy is for
the interest of a section of society or for the general
society, and 6 are mutual benefit organizations
(MBOs), meaning that their advocacy benefits only their
members and constituents. The Ministry of Home and
Cultural Affairs under the executive holds close ties
with the civil society organizations.
Last, with Fukuyama’s statement, the Druk Gyalpo is observed as a leader that
feels he has an obligation to be responsive to the whole community or to something like
a broad public interest. This can be attributed to the political system they currently have,
the Constitution, the people that relies on him, and the innate cultural values imbibed in
the King and his people that gives a harmonious relationship in Bhutanese society.
College of Arts and Sciences
Political Science Program