Constitution

Bhutan 2008 Constitution

Article 27. The Anti-Corruption Commission

  1. There shall be an Anti-Corruption Commission, headed by a Chairperson and comprising two members, which shall be an independent authority and shall take necessary steps to prevent and combat corruption in the Kingdom.
  2. The Chairperson and members of the Commission shall be 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 Chairperson and members of the Commission shall be five years or until attaining the age of sixty-five years, whichever is earlier.
  4. The Commission shall submit an Annual Report on its policies and performances to the Druk Gyalpo, the Prime Minister and Parliament.
  5. Prosecution of individuals, parties or organizations on the basis of the findings of the Commission shall be undertaken expeditiously by the Office of the Attorney General for adjudication by the courts.
  6. The Anti-Corruption Commission shall function in accordance with the Anti-Corruption Act.

Article 28. Defence

  1. The Druk Gyalpo shall be the Supreme Commander in Chief of the Armed Forces and the Militia.
  2. The Royal Body Guards shall be responsible for the security of the Druk Gyalpo while the Royal Bhutan Army shall serve as a professional standing army and both forces shall form the core of Bhutan’s defence against security threats.
  3. The Royal Bhutan Police shall, as a trained uniform force under the Ministry of Home Affairs, be primarily responsible for maintaining law and order and prevention of crime, and shall also be considered an important part of the nation’s security force.
  4. Parliament may, by law, require compulsory militia service for adult citizens to strengthen the defence of the country.
  5. The State shall be responsible for the maintenance of the Armed Forces to safeguard the security of the country and the well-being of the nation.
  6. Bhutan shall not use military force against a foreign State except in self-defence or for the purpose of maintaining its security, territorial integrity and sovereignty.

Article 29. The Attorney General

  1. There shall be an Office of the Attorney General, which shall be autonomous, to carry out the responsibilities within the domain and authority of the Government and such other legal matters as may be entrusted to the office.
  2. The Druk Gyalpo shall, by warrant under His hand and seal, appoint an eminent jurist as the Attorney General on the recommendation of the Prime Minister.
  3. The Attorney General as the chief legal officer shall be the legal advisor to and legal representative of the Government.
  4. In the performance of his or her duties, the Attorney General shall have the right to appear before all courts.
  5. The Attorney General shall have the power to institute, initiate, or withdraw any case in accordance with the law.
  6. The Attorney General shall have the right to appear and express opinions on any legal question in Parliament.
  7. The Attorney General shall submit an Annual Report to the Druk Gyalpo and to the Prime Minister.
  8. The Attorney General’s Office shall function in accordance with the Office of the Attorney General’s Act.

Article 30. The Pay Commission

  1. There shall be a Pay Commission, headed by a Chairperson, which shall be autonomous and shall be constituted, from time to time, on the recommendation of the Prime Minister.
  2. The Pay Commission shall recommend to the Government revisions in the structure of the salary, allowances, benefits, and other emoluments of the Royal Civil Service, the Judiciary, the members of Parliament and Local Governments, the holders and the members of constitutional offices and all other public servants with due regard to the economy of the Kingdom and other provisions of this Constitution.
  3. The recommendations of the Commission shall be implemented only on the approval of the Lhengye Zhungtshog and subject to such conditions and modifications as may be made by Parliament.
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