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Evolution of the Bhutanese Legal System and Judicial Procedure

Evolution of the Bhutanese Legal System and Judicial Procedure. Drangpon Tharchean Bhutan National Legal Institute. Historical Backgroun d. 1614 – Chayig Chhenmo. 1636 – First set of Bhutanese Law. 1652 – Codification of Law Completed. Code based on fundamental teachings of Buddhism.

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Evolution of the Bhutanese Legal System and Judicial Procedure

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  1. Evolution of the Bhutanese Legal System and Judicial Procedure DrangponTharchean Bhutan National Legal Institute

  2. Historical Background 1614 – ChayigChhenmo 1636 – First set of Bhutanese Law 1652 – Codification of Law Completed Code based on fundamental teachings of Buddhism Addressed violations of both secular and temporal laws Ten pious acts – LhachoeGyewa Chu Sixteen virtuous acts of social piety – MichoeTsangmaChudrug

  3. Zhabdrung’s Code • It’s a basis of Bhutanese legal system • Amended several times – • 10thDesiMiphamWangpo consolidated and amended certain parts • In mid-18th Century, 13thDesiChoegyalSherabWangchuk 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

  4. ThrimzhungChhenmo

  5. Judicial Process • Informal Process • The Court system in Bhutan is established only in 1960s • Mediation –ThrimshungChhenmo • 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.

  6. Judicial Process Contd... 2. Formal Process • Only a judge duly appointed by His Majesty is empowered to hear and decide cases • Drangponswere appointed in few Dzongkhagsin 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

  7. 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.

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