Evolution of the Bhutanese Legal

System and Judicial Procedure

Drangpon Tharchean

Bhutan National Legal Institute

Historical Background

1614 – Chayig Chhenmo

1652 – Codification of Law Completed

Code based on fundamental teachings of Buddhism

Addressed violations of both secular and temporal laws

Ten pious acts – Lhachoe Gyewa Chu

Sixteen virtuous acts of social piety – Michoe Tsangma Chudrug

1636 – First set of Bhutanese Law

Zhabdrung’s Code It’s a basis of Bhutanese legal system Amended several times –

10th Desi Mipham Wangpo consolidated and amended certain parts

In mid-18th Century, 13th Desi Choegyal Sherab Wangchuk incorporated amendments

First and second kings made further modifications Principles of Buddhism and natural justice have not

changed and have always been upheld. Evolved over centuries reflecting culture and

traditional lifestyles, keeping stream of justice clear and pure

Thrimzhung Chhenmo

His Majesty Third King’s reign the National Assembly of Bhutan enacted the first comprehensive codified laws known as the Thrimzhung Chhenmo or the Supreme Law.

Almost all modern categories of criminal offenses and corresponding penalties were enshrined under this provisions.

His Majesty the Fourth King initiated various amendments and enactments of laws to respond fully and effectively to the changing needs of our nation

Development of Bhutanese Judiciary

1961 – Appointment of Judges and separation of powers

1968 – Establishment of High Court

1978 – Establishment of Sub-District Court

2008 – Adoption of Constitution

Structure of Courts

Supreme Court

High Court

District Court

Sub-District Court

Judicial Process

1. Informal Process• The Court system in Bhutan is established only in

1960s• Mediation –Thrimshung Chhenmo• Adjudication without Proceedings – Chapter 23 of the

Civil and Criminal Procedure Code 2001• Alternative Dispute Resolution Act 2013• The parties can also receive assistance of a Gup,

Chipon, Mang-mi or Barmi, as mediators. The final settlement must be through voluntary consent and signed by the parties and mediators.

Judicial Process Contd...

2. Formal Process• Only a judge duly appointed by His Majesty is

empowered to hear and decide cases• Drangpons were appointed in few Dzongkhags in 1960 • High Court established in 1968• A judiciary established separate from Legislature and

Executive, fully independent in the exercise of its function• Civil and Criminal Procedure Code, 2001 and Constitution, 2008

Conclusion

• As the informal or the traditional mechanism of dispute settlement played a vital role in Bhutan, there is a need to promote and strengthen this system at the grass roots level.

• It is hoped that with this symposium, the awareness on the system of legal aid is created in the country.