Constitution

Bhutan 2008 Constitution

Article 32. Impeachment

  1. The holders of constitutional offices shall be removed only by way of impeachment by Parliament.
  2. A holder of constitutional office shall be liable to be impeached only on the ground of incapacity, incompetency or serious misconduct with the concurrence of not less than two-thirds of the total number of members of Parliament.
  3. The Chief Justice of Bhutan shall preside over all impeachment proceedings and, in the case of the impeachment of the Chief Justice of Bhutan, the senior most Drangpon of the Supreme Court shall preside.
  4. The Attorney General shall submit a written report on the Articles of impeachment to the Speaker.
  5. The procedure for impeachment, incorporating the principles of natural justice, shall be as laid down by law made by Parliament.

Article 33. Emergency

  1. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim an emergency if the sovereignty, security, and territorial integrity of Bhutan or any part thereof is threatened by an act of external aggression or armed rebellion.
  2. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim that a public emergency or calamity, which threatens or affects the nation as a whole or part thereof, exists in which case the Government may take measures to the extent strictly required by the exigencies of the situation.
  3. The Proclamation of Emergency under section 1 or 2 of this Article shall remain in force for a period of not more than twenty-one days from the date of the Proclamation unless Parliament, in a joint sitting, resolves by not less than two-thirds of the total number of members of Parliament to extend it within the said period.
  4. Not less than one-fourth of the total number of members of the National Assembly may move a resolution to disapprove such a Proclamation of Emergency or disapprove the continuance in force of such Proclamation by writing to the Druk Gyalpo if the House is not in session and to the Speaker if the House is in session.
  5. A joint sitting shall be held at the earliest date within twenty-one days from the day on which the motion is received by the Speaker or, as the case may be, by the Druk Gyalpo, failing which the Proclamation of Emergency shall lapse.
  6. Where a Proclamation of Emergency is in operation, the Government shall be empowered to give appropriate directions to the concerned Local Government.
  7. Where a Proclamation of Emergency is in operation, the enforcement of the rights conferred by this Constitution under sections 2, 3, 5, 12 and 19 of Article 7 may be suspended.
  8. The Druk Gyalpo may, on the written advice of the Prime Minister, proclaim a Financial Emergency if His Majesty is satisfied that a situation has arisen whereby the financial stability or credit of Bhutan is threatened. Such a Proclamation shall be laid before each House within a period of twenty-one days after such Proclamation unless Parliament, in a joint sitting, resolves by not less than two-thirds of the total number of members of Parliament to extend it within the said period.
  9. The Constitution shall not be amended during a state of emergency.

Article 34. National Referendum

  1. The will of the people shall be expressed in a National Referendum. A simple majority of the total number of votes cast and counted shall be required for the referendum to be adopted.
  2. The Druk Gyalpo may command a National Referendum if:
    1. In His opinion a Bill, which is not passed in a joint sitting of Parliament, is of national importance; or
    2. An appeal is made by not less than fifty percent of the total number of members of all Dzongkhag Tshogdues.
  3. A National Referendum shall not be held on the question of imposition, variation, repeal of taxes or any other grounds as may be prescribed by law made by Parliament.
  4. Parliament shall, by law, prescribe the procedure for holding a National Referendum.