JUDICIARY OF BHUTAN
The Bhutanese Legal System:
  • Primarily bases on Buddhist natural law.
  • Response to the evolving culture and ways of the life of our people
  • Zhabdrung Ngawang Namgyal promulgated the first set of laws.
  • The secular laws resemble a silken knot and the temporal laws that of a golden yoke
  • Codification of law completed in 1652, during the time of Deb Umzed Tenzin Drugyel
  • These laws include the ten pious acts known as Lhachoe Gyewa Chu and the sixteen virtuous acts of social piety
    referred to as Michoe Tsangma Chudrug.
  • The 10th Desi, Mipham Wangpo consolidated and amended certain parts of the code of Zhabdrung.
  • In the mid 18th century the 13th Desi, Chogyal Sherub Wangchuk, made certain amendments of the Code.
  • The first and the second Druk Gyalpo made further amendments.
  • During the reign of the Third Druk Gyalpo, the national assembly enacted the first comprehensive condified law known
    as the Thrimzhung Chhenmo.
  • His Majesty the Fourth Druk Gyalpo, initiated various amendments and legislations to respond fully and effectively to
    the changing needs of our nation.


Policies:
  • Maintain peace and tranquility in the kingdom by rendering effective justice;
  • Facilitate accessibility to justice by making courts user friendly;
  • Uphold and protect due process of law, fair trial, rule of law and review system;
  • Make judicial process more responsive, effective, faster, better and easier;
  • Build public confidence and respect through continuing professionalism and judicial transparency;
  • Harness technology for efficiency and cost effectiveness; and
  • Strengthen infrastructures and capacity building.

Objectives:
  • To create more reliable, fair and efficient justice system; and
  • To administer justice independently in accordance with the law regardless of language, religion, race or social class


Court Structure:
  • The high Court: established in 1968 is th apex Court presided by the Chief Justice of Bhutan
  • The Dzongkhag Court: established in 1960-61 is subordinate to the High Court and is presided by a Dzongkhag
    Drangpon
  • The Dungkhag Court: established in 1978 is the lowest Court presided by a Dungkhag Drangpon

Appointment of the Drangpons:
  • His Majesty the king, by warrant under His hand and seal appoints the Chief Justice of Bhutan. The fist Chief Justice
    was appointed in 1985
  • His majesty the king, on the recommendation of the National Judicial Commission, appoints Drangpons of the High
    Court and the Dzongkhag Courts.
  • The Chief Justice of Bhutan on the recommendation of the Judicial Service Council appoints the Drangpons of the
    Dungkhag courts.
  • The high court consists of seven to nine Drangpons
  • A Dzongkhag Court consists of one to three Drangpons.
  • A Dungkhag Court consists of a Drangpon.

Administration of Courts:
  • The registrar General supported by other administrative staff is responsible for the over all administration of the High
    Court and other courts of bhutan
  • The Drangpons supported by other administrative staff carries out the administrative work of the Dzongkhag and
    Dungkhag courts.

Court and its Procedure:
  • The Bhutanese legal system is based on the adversarial principle of procedure with some elements of the inquisitorial
    system.
  • The Drangpon allow uninterrupted hearing to the litigants.
  • The adversarial principle is well enshrined in the Bardo Thoedrel (Book of the Dead-Garud Puran.)


Registration of the Cases:
  • The Registry is the first contact point in filing a case.
  • Any complaint can be filed in the Registry of the Court.
  • The complaints are registered in the miscellaneous register in the order of precedence.
  • The complaints are recorded between 9:30 a.m to 10:30 a.m.
  • A person filing a case before the Court must do so in writing.
  • The petition must be duly signed and a legal stamp affixed.
  • The petitioner must have "legal standing" and the petition must involve concrete case of controversy.
  • The registration may be effected by: (a) a representative of the state; (b) a prosecutor or a Jabmi hired by the state to
    prosecute: (c) a victim or a victim's next-of-kin; or (d) an aggrieved person or his/her Jabmi/next-of-kin


Court fee:
Nu 100/- in the High Court and Nu 50/- in the Dzongkhag Court.

Judicial Process:
Registry of complaints - Miscellaneous hearing - Preliminary Hearing - Opening Statement - Defence Reply - Rebuttal
Evidence - Exhibit - Judicial Investigation - Cross Examination - Closing statement - Judgement.

Appeal:
A party to a case may file and appeal to a higher Court against the Judgement of the subordinate Court within ten days.

Case Information System:
Computerization of data for recording cases to facilitate retrieval of precedents for enhancing a uniform sentencing system.
Computerization of qualitative and quantitative information for analysis, thereby expending the drafting of judgements and
furthering the objectives of justice; and
Submission of Case Statistic Report to the Chief Justice y the Courts on a monthly basis.

Research and Training Bureau:
  • Established in 1994 under the Royal Command.
  • Conducts research on sources of Bhutanese laws, Court etiquette and manners, legal terminology and imparts in-
    service legal trainings.

Legal Education:
  • Since 1991, many students are being sent to India to study law.
  • as part of their continuing legal education law graduates are being sent abroad for L.L.M
  • Under the Royal Command of His Majesty the king, the National Legal Course was instituted in 1995.
  • Since 1997, the bench clerks are being professionally trained.


Program and Activities:
  • Enhancement of judicial performance through effective judicial process;
  • Disposition of cases professionally without delay;
  • Regular monitoring system to evaluate the progress in justice delivery;
  • Development of a system to collect and analyze data for improvement;
  • Imparting legal education through awareness training/dessemination program in a systematic manner;
  • Creating awareness among citizens by broadcasting provisions of basic Acts through radio'
  • Development of Court Website;
  • Harnessing the maximum use of the information techlogy;
  • Conducting National Judicial Conference; and
  • Building up infra-structural facilities through research of the Bhutanese architecture.


Drafting of the Constitution;
  • His majesty the King, inaugurated the drafting of a written constitution of the kingdom of Bhutan on November 30,
    2001. The Drafting Committee headed by the Chief Justice of Bhutan consisted of 39 members, which includes
    elected representatives of the people.


Judicial Reforms;
  1. Institutional Reforms;
  • Introduction of the Annual National Judicial Conference in 1976;
  • Appointment of efficient Drangpons;
  • Abolition of the post os Thrim-tsap (acting Drangpons)
  • Decentralisation of financial and administrative powers from the High court to the lower Courts;
  • Establishment of Dungkhag courts
  • Introduction of series of workshops, seminars and ongoing training;
  • Establishment of a separate judicial cadre in 1990; and
  • Establishment of the National Judicial Commission in 2003 under a Royal Decree.


Procedural Reforms;
  • Strengthened the miscellaneous hearing calendar;
  • Streamlined the registration procedure and hearing process;
  • Expedited the adjudication process through the introduction of various management principles;
  • strengthened the legal language and Bhutanese terminology
  • Enhanced the professionalism and reduced time consumption with the introduction of 75 judicial forms; and
  • Provide inexpensive litigation with nominal court fees.

Penal Reforms:
  • Under the Royal Command of His Majesty in 1995, the High Court started drafting the Penal Code of Bhutan, which
    was enacted by the National Assembly in the year 2004. The Penal Code is a consolidation of sections from the
    existing Acts dealing with criminal offences. It is intended to reinstate dignity to the victims of crime an increase the
    possibilities for rehabilitation of offenders. The contents of the code reflect both the descriptive and normative
    functions.
  • His Majesty the Druk Gyalpo, commanded the establishment of the Youth Development and Rehabilitation Centre of
    Juveniles on March 26, 1997. The Centre situated at Tshimalakha provides assistance and support programmes,
    particularly with regard to nutrition, clothing and housing. It aims at reinstating the juvenile back into the society as a
    reformed and responsible citizen.


Abolition of Capital Punishment:
His Majesty the Druk Gyalpo, abolished capital punishment by His Royal Decree on March 20, 2004.
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