Judiciary of Bhutan

The judiciary of Bhutan is the branch of the state that interprets and applies the law and administers justice. It is a single, unified system in which judicial authority is vested in the Royal Courts of Justice, headed by the Supreme Court. The structure and independence of the judiciary are set out in the Constitution of Bhutan of 2008, which established Bhutan as a democratic constitutional monarchy with a separation of powers between the executive, the legislature and the courts.^[1]

Bhutan's legal system blends customary Buddhist-influenced law with a modern codified framework. Its foundational code, the Thrimzhung Chenmo (Supreme Law) of 1959, first set out a national body of statute, and the present court hierarchy and the Penal Code and procedural codes that followed give the country a unified system applied throughout the twenty dzongkhags.^[2]

Constitutional basis

Article 21 of the 2008 Constitution codifies the judiciary, vesting judicial power in the Royal Courts of Justice and providing for the appointment of the justices of the Supreme Court and High Court by the Druk Gyalpo on the recommendation of the National Judicial Commission. The Commission — chaired by the Chief Justice and including a senior justice, the chairperson of the legislature's relevant committee and the Attorney General — safeguards judicial appointments and independence.^[1]

Court structure

The courts form a four-tier hierarchy:

• Supreme Court — the apex court and final court of appeal, also the guardian and final interpreter of the Constitution. It consists of a Chief Justice and four associate justices (Drangpons); the Chief Justice serves a five-year term (or until the age of 65) and the other justices ten-year terms (or until 65).
• High Court — the court of first instance for constitutional matters, with a single-step appeal to the Supreme Court, and an appellate court above the district courts.
• Dzongkhag (District) Courts — the principal trial courts, with one in each of the twenty districts.
• Dungkhag (Sub-district) Courts — lower courts established in a number of sub-districts to bring justice closer to rural populations.

The Druk Gyalpo may, on the recommendation of the National Judicial Commission, establish additional courts and tribunals.^[3]

History

For most of Bhutan's history justice was administered locally by penlops, dzongpons and the monastic establishment according to customary and religious law. The codification of the Thrimzhung Chenmo in 1959 under the third king marked the beginning of a modern statutory system. The High Court was established in 1968 as the country's highest court, and the creation of the Supreme Court in 2010, following the adoption of the 2008 Constitution, completed the modern four-tier structure and introduced constitutional adjudication.^[1]

Administration and the legal profession

The judiciary is administered through the office of the Chief Justice and the Royal Courts of Justice, which manage case flow, court services and judicial training. Legal practitioners in Bhutan are known as jabmi, and the bar and judicial service have expanded with the growth of formal legal education. The judiciary operates alongside the elected National Assembly and National Council and constitutional bodies such as the Anti-Corruption Commission, within the framework of checks and balances introduced by the 2008 Constitution.^[4]

References

1. Judicial system of Bhutan — Wikipedia
2. Researching the Legal System of the Kingdom of Bhutan — GlobaLex, NYU Law
3. Justice System in Bhutan: Laws, Courts and the Judicial Branch — Facts and Details
4. Judiciary of Bhutan — official website