Politics

The politics of Bhutan takes place in a framework of a traditional absolute monarchy, currently developing into a constitutional monarchy. The King of Bhutan is head of state. Executive power is exercised by the Lhengye Shungtsog, the council of ministers. Legislative power is vested in both the government and the National Assembly. A royal edict issued on April 22, 2007 lifted the previous ban on political parties, ordering that they be created, in anticipation of parliamentary elections to be held the following year.

Sovereignty

The Bhutanese people have historically never had doubts about their nation's sovereignty and the country has never been colonised. Bhutan was treated as a suzerainty by the British Raj, during which time the present monarchy was established. Foreign and defence policy was to be decided by the British according to the 1910 Treaty. In 1949, after Indian independence, Bhutan and India agreed to a ten-article, perpetual treaty which effectively continued the relationship, but with India taking the place of the United Kingdom. That is, India agreed not to interfere in Bhutan's internal relations, while Bhutan agreed "to be guided by the advice of the Government of India in regard to its external relations" (Article 2). The treaty also established free trade and full extradition between the two countries.

While Bhutan sees its destiny as being closely linked with that of India, for which reason it strives to promote excellent relations with it, it has also quietly striven to assert its sovereignty at the same time.

Article 2 of the 1949 treaty has mostly been ignored by both countries as Bhutan confidently handles all of its foreign affairs, including the sensitive border demarcation talks with China. In February 2007, the Indo-Bhutan Friendship Treaty was substantially revised with all references to phrases such as 'will be guided' deleted, thus eliminating the last lingering doubts about the sovereign and independent status of Bhutan.

Executive Branch

Bhutan's head of state is the Druk Gyalpo ('Dragon King'). Although his title is hereditary, he can be removed by a two-thirds majority vote by the parliament, the unicameral National Assembly or Tshogdu. The candidates to the Council of Ministers (Lhengye Shungtsog) are nominated by the monarch, elected by the National Assembly. The members serve fixed, five-year terms. There is also a Royal Advisory Council (Lodoi Tsokde), members nominated by the monarch

The Je Khenpo is the highest religious official of Bhutan. He is typically viewed as the closest and most powerful advisor to the King of Bhutan. The 71st and present Je Khenpo is Trulku Jigme Chhoeda. In 1998, the monarch's executive powers were transferred to the council of ministers, or cabinet (Lhengye Shungtsog). Candidates for the council of ministers are elected by the National Assembly for a fixed, five-year term, and must be a part of the legislative assembly. The cabinet is headed by the Prime Minister, who is the head of government. The post of Prime Minister rotates each year between the five candidates who secured the highest number of votes. Recently, a new constitution that includes provision for a two-party democratic system was unveiled after four years of preparation. This constitution is likely to be put to the people in a referendum; at the behest of the monarch, the referendum proposes a significant reduction in his powers.

Legislative Branch

The National Assembly (Tshogdu) has 154 members, 105 members elected at various dates for a three year term in single-seat constituencies, 37 appointed members and 12 representatives of Buddhist groups. Suffrage in Bhutan is unique in that each family-unit, rather than individual, has one vote. This would be changed to full universal suffrage once the proposed new Constitution is approved.

Judicial Branch

In Bhutan's judicial system, the monarch is the final court of appeal (the 'Supreme Court of Appeal'). The Royal High Court of Bhutan is the highest court in the country. The Royal High Court has original jurisdiction over the 20 districts of the nation. Bhutan's legal system is superficially based on Indian law and English common law, but is in fact largely informal. Judicial appointments are made by the monarch, and may be recalled by him at any time.

Legal System

The criminal justice system is based on trial before a panel of judges, and therefore resembles more the Napoleonic than the British system. The prosecutor, a government employee, seeks to obtain an acknowledgement of culpability from the accused. If this happens quickly, the sentencing may be lenient. If culpability is obvious but the accused refuses to admit to it, the sentence may be correspondingly severe. Judges may dismiss the case for lack of proof at any time. Recent legislation defines required proof of guilt more closely, providing increased protection against trivial or mistaken charges.

Minor criminal offences may be tried by the dzongda (regional governor) or a local magistrate.

Bhutan has not accepted compulsory International Court of Justice jurisdiction.

Foreign Affairs

Though the 1949 Treaty with India is still sometimes misinterpreted to mean that India controls Bhutan's foreign affairs, Bhutan today handles all of its foreign affairs itself including the sensitive (to India) border demarcation issue with China. Bhutan has diplomatic relations with 22 countries, including the European Union, with missions in India, Bangladesh, Thailand and Kuwait. It has two UN missions, one in New York and one in Geneva. Only India and Bangladesh have residential embassies in Bhutan, while Thailand has a consulate office in Bhutan.

By a long standing treaty, Indian and Bhutanese citizens may travel to each other's countries without a passport or visa using their national identity cards instead. Bhutanese citizens may also work in India without legal restriction. Bhutan does not have formal diplomatic ties with its northern neighbour, China, although exchanges of visits at various levels between the two have significantly increased in the recent past. The first bilateral agreement between China and Bhutan was signed in 1998, and Bhutan has also set up consulates in Macau and Hong Kong. Bhutan's border with China is largely not demarcated and thus disputed in some places.

Military

The Royal Bhutan Army is Bhutan's military service. It includes the Royal Bodyguard and the Royal Bhutan Police. Membership is voluntary, and the minimum age for recruitment is 18. The standing army numbers about 6,000 and is trained by the Indian Army. It has an annual budget of about US$13.7 million - 1.8% of the GDP.