𝐄𝐃𝐈𝐓𝐎𝐑𝐈𝐀𝐋- 𝐔𝐩𝐡𝐨𝐥𝐝𝐢𝐧𝐠 𝐂𝐨𝐧𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧𝐚𝐥 𝐈𝐧𝐭𝐞𝐠𝐫𝐢𝐭𝐲 𝐢𝐧 𝐋𝐞𝐠𝐢𝐬𝐥𝐚𝐭𝐢𝐯𝐞 𝐃𝐞𝐥𝐢𝐛𝐞𝐫𝐚𝐭𝐢𝐨𝐧𝐬

The Constitution of Bhutan remains the bedrock of our democracy, guiding the principles and values that shape our nation. Recent discussions in the National Assembly (NA) on the Amendment Bill of 2024 emphasized this fact, reflecting the delicate balance between legislative aspirations and constitutional mandates.

Central to the debate was the finance minister’s argument that a motion of no-confidence against the government and council of ministers could transgress constitutional boundaries. He cited insights from judicial experts and various constitutional provisions to support his stance, emphasizing the Constitution’s role in ensuring stable governance.

Chapter 15, Section 130 of the National Assembly Act permits a motion of no-confidence to be moved by not less than one-third of the NA members. This mechanism is vital for holding the government accountable. However, the finance minister warned that such motions could undermine the stability and collective responsibility of the Cabinet, as articulated in Article 20, Section 7 of the Constitution. This article mandates the Cabinet’s accountability to both the Druk Gyalpo and the Parliament, reinforcing a dual system of oversight crucial for balanced governance.

Another critical point raised was Article 17, Section 3, which grants the Druk Gyalpo the authority to appoint and remove ministers based on the Prime Minister’s recommendations. This provision ensures a harmonious relationship between the executive and the monarchy, balancing political prudence with royal oversight.
The principle of separation of powers, enshrined in Article 1, Section 16, was also emphasized. The finance minister highlighted that no branch should encroach upon another’s powers, except as explicitly provided by the Constitution, maintaining the delicate balance that sustains democratic integrity.

Amid these arguments, a broader concern emerged: the need for clarity in interpreting constitutional provisions. The suggestion to seek the Supreme Court’s interpretation, as guardians of the Constitution (Article 1, Section 11), was a prudent one. This step accentuates the judiciary’s role in maintaining constitutional sanctity and acting as the ultimate arbiter in constitutional disputes.

Ultimately, the NA decided to leave the provision unchanged, demonstrating respect for the Constitution and the importance of due process. This decision illustrates a mature legislative process that prioritizes constitutional adherence over expedient legislative changes.

The deliberations on the National Assembly Amendment Bill of 2024 highlight the essential role of the Constitution in governance. The Constitution’s provisions are not merely legal stipulations but guiding principles shaping our political landscape. As Bhutan navigates its democratic journey, the Constitution will continue to be the lodestar, ensuring all legislative and executive actions align with the nation’s core values and principles.

The National Assembly’s recent discussions serve as a powerful reminder of the Constitution’s paramount importance in safeguarding our democracy. The careful examination of constitutional provisions and the willingness to seek judicial interpretation reflect a robust democratic ethos. As Bhutanese democracy matures, it is imperative that such constitutional fidelity remains at the heart of all legislative endeavors, ensuring our democratic foundations remain strong and unshakeable.