Final draft of constitution is ready

Thimphu, August 04: The experts have finalized the draft constitution to be adopted as the top legal instrument of the country after 2008 election.

There have been major changes made in provisions related to elections, political parties, legislature and public campaign financing, the campaign to be carried out by the political parties before the election.

The Article 23 related to the elections has been divided into to: first giving emphasis on election principles and the second defining the roles and responsibilities of the election commission.

Change made in Article 10 has given the parliament authority to remove the immunity of a parliamentarian. “The concurrence of not less than two-thirds of the total number of members of each House respectively is required to remove the right of immunity of a member”, new provision state.

New provision added to Article 15 related to the political parties, states that no election shall be held where the remainder of the term of the National Assembly is less than 180 days. Another addition on the same article states, ‘where the ruling party in the National Assembly stands dissolved or the government is dismissed…the National Assembly shall also stand dissolved and, accordingly, sections 1 to 8 of this Article shall apply’. As such, the National Assembly would be dissolved if the ruling party gets dissolved, while it won’t in case of the opposition party. 
Similarly, section 13 reads, “During the election of the opposition party…the National Assembly shall be suspended animation and the ruing party and their candidates shall not contest in the elections”.

The new changes have made provision for election of an opposition party in the lower house if it is dissolved. This should be done within 60 days of the dissolution of the party and that the polls would be held only in those constituencies where the dissolved party had won the seat. However, the ruling party would not be allowed to contest it.

The new changes, however, is unanswerable to how many party would take part in such election. If multiple parties are to participate, how the opposition seats would be fulfilled? If only a party would participate, how it would be nominated? 

Change in Article 16, Public Campaign Financing, reads, “The Election Commission shall fix a ceiling for contribution offered voluntarily by any of its registered members to a political party subject to the provisions of the Election Fund Act.”

The government said it received some 500 comments during the consultation drive and discussion workshops.

The parliament to be formed after the election next year will make necessary changes before adopting it as the first constitution of the kingdom. The final draft will be post on the website of the Royal Court of Justice soon. Bhutan News Service