𝐍𝐀 𝐖𝐢𝐭𝐡𝐝𝐫𝐚𝐰𝐬 𝐈𝐦𝐩𝐞𝐚𝐜𝐡𝐦𝐞𝐧𝐭 𝐁𝐢𝐥𝐥, 𝐏𝐫𝐨𝐦𝐢𝐬𝐞𝐬 𝐅𝐮𝐫𝐭𝐡𝐞𝐫 𝐑𝐞𝐯𝐢𝐞𝐰

…𝒅𝒆𝒄𝒊𝒔𝒊𝒐𝒏 𝒇𝒐𝒍𝒍𝒐𝒘𝒔 𝒔𝒕𝒂𝒌𝒆𝒉𝒐𝒍𝒅𝒆𝒓 𝒇𝒆𝒆𝒅𝒃𝒂𝒄𝒌; 𝒂𝒊𝒎𝒔 𝒕𝒐 𝒔𝒕𝒓𝒆𝒏𝒈𝒕𝒉𝒆𝒏 𝒄𝒐𝒏𝒔𝒕𝒊𝒕𝒖𝒕𝒊𝒐𝒏𝒂𝒍 𝒂𝒄𝒄𝒐𝒖𝒏𝒕𝒂𝒃𝒊𝒍𝒊𝒕𝒚

In the inaugural session of the Fourth Parliament’s First Session on June 14, 2024, the National Assembly (NA) withdrew the Impeachment Procedure Bill of the Kingdom of Bhutan for the second time. Kuenga, Member of Parliament (MP) from Nyishog-Saephu Constituency, Chairperson of the Legislative Committee and Member of Parliament overseeing the Bill, proposed its withdrawal during the session.

According to the chairperson of the legislative committee, the decision to withdraw the Bill stemmed from insufficient time to thoroughly review the views and opinions of relevant stakeholders. The withdrawal received unanimous approval from all Members of Parliament present, confirmed through a show of hands during the session.

The Bill carries substantial significance as delineated in Article 32, Sections 1 and 2 of the Constitution of Bhutan, which state, “The holders of constitutional office shall be removed only by way of impeachment by Parliament” and “A holder of constitutional office shall be liable to be impeached only on the grounds of incapacity, incompetency, or serious misconduct with the concurrence of not less than two-thirds of the total number of members of Parliament,” respectively. Despite this, the Member In-charge indicated that the Committee is still accepting comments and has yet to finalize the bill. “Consequently, we have withdrawn the bill from the agenda for further consultation and review,” said the Member In-charge.

The Bill carries substantial significance as delineated in Article 32, Sections 1 and 2 of the Constitution of Bhutan, which state, “The holders of constitutional office shall be removed only by way of impeachment by Parliament” and “A holder of constitutional office shall be liable to be impeached only on the grounds of incapacity, incompetency, or serious misconduct with the concurrence of not less than two-thirds of the total number of members of Parliament,” respectively. Despite this, the Member In-charge indicated that the Committee is still accepting comments and has yet to finalize the bill. “Consequently, we have withdrawn the bill from the agenda for further consultation and review,” said the Member In-charge.

Its primary aim was to establish a procedure for impeaching constitutional office holders, ensuring adherence to principles of natural justice. The Bill was initially deliberated in the National Council during the third parliament. In 2020, the National Assembly rejected it, citing non-compliance with constitutional provisions. Adoption of the Bill would enhance accountability among constitutional office holders.

During a press conference, the Deputy Speaker of the National Assembly, Sangay Khandu, from Tashicholling constituency, Samtse emphasized that the Bill aligns with Article 32 of the Constitution, mandating the enactment of an Impeachment Act. It aims to address situations where holders of constitutional offices violate laws or disregard their oaths, necessitating parliamentary action.

The proposed legislation seeks to establish an Impeachment Investigations Committee tasked with conducting thorough, fair, and impartial investigations into allegations against constitutional office holders. It also aims to cover incidental or ancillary matters related to the impeachment process, thereby providing a comprehensive framework for handling such scenarios.

While the Impeachment Procedure Bill of Bhutan faces its second withdrawal from parliamentary consideration, the legislative process continues. With ongoing consultations and reviews, stakeholders remain engaged in refining this crucial framework for ensuring accountability among constitutional office holders. The journey towards establishing a fair and effective impeachment procedure remains pivotal, guided by constitutional mandates and the principles of justice upheld by Bhutan’s parliamentary institutions.