Thursday 15 May 2008

Parliament continues discussion on Draft Constitution


May 14: The Parliament yesterday deliberated extensively on Section 8 of Article 2 which states that the Council of Regency shall collectively exercise the royal prerogatives and the powers vested in the Druk Gyalpo under the Constitution.

It further states that the Council of Regency shall be composed of a senior member of the royal family nominated by the Privy Council, the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the leader of the Opposition Party.

The Minister of Economic Affairs Lyonpo Khandu Wangchuk sought clarification on whether the Chief Justice of Bhutan should be a member of the Council of Regency. He said keeping in mind Article 1 Section 11 of the Draft Constitution it may be better to keep the judiciary and the legislative separate.

Article 1 section 11 of the Draft Constitution states that the Supreme Court shall be the guardian of this Constitution and the final authority on its interpretation.

The parliamentarians got up one after another to submit the need for the Chief Justice of Bhutan to be a member of the Council of Regency.

The Parliament decided that the Chief Justice of Bhutan will be a member of the Council of Regency as mentioned in the Draft Constitution.

The National Assembly member from Gangzur-Minjay in Lhuentse Karma Rangdol asked if the number of members in the Council of Regency could be increased to seven by adding another royal family member.

The National Council member from Monggar Naichu suggested that the seventh member could be a representative from the Dratshang Lhentshog.

The Health Minister Lyonpo Zangley Drukpa however said there is no need to increase the number of members to seven. His views were supported by few other members.

The Chief Justice Lyonpo Sonam Tobgay said the issue is open for discussion. However he said the composition of the members was decided and incorporated in the Draft Constitution after careful study to maintain check and balance within the Council.

The National Council member from Lhuentse Rinzin said the number of members could be reduced to five. He said the Council of Regency has more members from the Legislative and one member could be removed.

The Information and Communications Minister Lyonpo Nandalal Rai an additional member could be included from the private sector.

The Prime Minister Lyonchen Jigmi Y. Thinley asked whether members could vote by raising their hand to reach a consensus.

The opposition leader Tshering Tobgay said it would be better if the house resolved the issue through discussion instead of voting. He said it will be better if the number of members is maintained at six instead of increasing or reducing.

After prolonged deliberation, the Parliament resolved to maintain the number of members at six through a raise of hands.

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