Constitution

Bhutan 2008 Constitution

Article 24. Election Commission

  1. There shall be an Election Commission which shall be responsible for the preparation, maintenance, and periodical updating of electoral rolls, the election schedule, and the supervision, direction, control, and conduct of elections to Parliament and Local Governments, as well as holding of National Referendums, in a free and fair manner.
  2. The Election Commission shall be independent and shall consist of a Chief Election Commissioner and two Election Commissioners, appointed by the Druk Gyalpo from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party.
  3. The term of office of the Chief Election Commissioner and Election Commissioners shall be five years or until they attain the age of sixty-five years, whichever is earlier.
  4. The Election Commission shall be responsible for the delimitation of constituencies for election of the members of Parliament and Local Governments.
  5. Parliament shall, by law, ensure that the Election Commission holds elections so that the National Assembly and Local Governments are re-constituted within ninety days after its dissolution. Provided that in the case of the National Council, elections shall be held so that it is reconstituted on the date of expiry of the term. In the case of the Dzongkhag Tshogdu, the Gewog Tshogde and the Thromde Tshogde being dissolved prematurely, it shall be re-constituted within ninety days after its dissolution.
  6. The Election Commission shall function in accordance with the Electoral Laws.

Article 25. The Royal Audit Authority

  1. There shall be a Royal Audit Authority to audit and report on the economy, efficiency, and effectiveness in the use of public resources.
  2. The Royal Audit Authority shall be an independent authority headed by the Auditor General who shall be appointed by the Druk Gyalpo from a list of eminent persons recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party.
  3. The term of office of the Auditor General shall be five years or until attaining the age of sixty five years, whichever is earlier.
  4. The Royal Audit Authority shall, without fear, favour, or prejudice, audit the accounts of all departments and offices of the Government including all offices in the Legislature and the Judiciary, all public authorities and bodies administering public funds, the police and the defence forces as well as the revenues, public and other monies received and the advances and reserves of Bhutan.
  5. The Auditor General shall submit an Annual Audit Report to the Druk Gyalpo, the Prime Minister and Parliament.
  6. Parliament shall appoint a five member Public Accounts Committee, comprising members of Parliament who are reputed for their integrity, to review and report on the Annual Audit Report to Parliament for its consideration or on any other report presented by the Auditor General.
  7. The Royal Audit Authority shall function in accordance with the Audit Act.

Article 26. The Royal Civil Service Commission

  1. There shall be a Royal Civil Service Commission, which shall promote and ensure an independent and apolitical civil service that will discharge its public duties in an efficient, transparent and accountable manner.
  2. The Commission shall consist of a Chairperson and four other members appointed by the Druk Gyalpo from among eminent persons having such qualifications and experience as would enhance the performance of the Commission, from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party.
  3. The term of office of the Chairperson and members of the Commission shall be five years or until they attain the age of sixty-five years, whichever is earlier.
  4. The Commission shall endeavour to ensure that civil servants render professional service, guided by the highest standards of ethics and integrity to promote good governance and social justice, in implementing the policies and programmes of the Government.
  5. The Commission shall, in the interest of promoting merit, productivity and equity, ensure that uniform rules and regulations on recruitment, appointment, staffing, training, transfers and promotion prevail throughout the civil service.
  6. The Commission shall ensure that all civil servants shall have recourse to justice through the Administrative Tribunal established under section 16 of Article 21 to hear their appeals against administrative decisions including those of the Commission.
  7. Every civil servant who has been adversely affected by an administrative action shall have the right of access to the Commission.
  8. The Commission shall meet regularly and shall be supported by a permanent Secretariat, which shall function as the central personnel agency of the Government.
  9. The Commission shall submit an Annual Report on its policies and performances to the Druk Gyalpo and to the Prime Minister.
  10. The Royal Civil Service Commission shall function in accordance with the Civil Service Act.