Constitution

Bhutan 2008 Constitution

Article 15. Political Parties

  1. Political parties shall ensure that national interests prevail over all other interests and, for this purpose, shall provide choices based on the values and aspirations of the people for responsible and good governance.
  2. Political parties shall promote national unity and progressive economic development and strive to ensure the well-being of the nation.
  3. Candidates and political parties shall not resort to regionalism, ethnicity and religion to incite voters for electoral gain.
  4. A political party shall be registered by the Election Commission on its satisfying the qualifications and requirements set out hereinafter, that:
    1. Its members shall be Bhutanese citizens and not otherwise disqualified under this Constitution;
    2. Its membership is not based on region, sex, language, religion or social origin;
    3. It is broad-based with cross-national membership and support and is committed to national cohesion and stability;
    4. It does not accept money or any assistance other than those contributions made by its registered members, and the amount or value shall be fixed by the Election Commission;
    5. It does not receive money or any assistance from foreign sources, be it governmental, nongovernmental, private organizations or from private parties or individuals;
    6. Its members shall bear true faith and allegiance to this Constitution and uphold the sovereignty, territorial integrity, security and unity of the Kingdom;
    7. It is established for the advancement of democracy and for the social, economic and political growth of Bhutan; and
    8. It has not been dissolved earlier under the provisions of section 11 of this Article.
  5. Election to the National Assembly shall be by two political parties established through a primary round of election in which all registered political parties may participate.
  6. A primary round of election shall be held to select the two political parties for the general election on the expiry of the term of the National Assembly or in the event of dissolution under section 12 of this Article.
  7. The two political parties obtaining the first and the second highest number of votes in the primary election shall be declared as the two political parties for the purpose of section 5 of this Article to contest in the general election.
  8. The party which wins the majority of seats in the National Assembly in the general election shall be declared as the ruling party and the other as the opposition party. However, in the case of casual vacancy, if the opposition party gains majority of seats in the National Assembly after the bye-election, such party shall be declared as the ruling party.
  9. No election shall be held where the remainder of the term of the National Assembly is less than one hundred and eighty days.
  10. The members of the National Assembly belonging to one party shall not defect to the other party either individually or en bloc.
  11. A political party shall be dissolved only by declaration of the Supreme Court:
    1. If the objectives or activities of the party are in contravention of the provisions of this Constitution;
    2. If it has received money or assistance from foreign sources;
    3. On such other grounds as may be prescribed by Parliament or under a law in force; or
    4. On violation of the Electoral Laws.
  12. Where the ruling party in the National Assembly stands dissolved under section 11 of this Article or the Government is dismissed under section 24 of Article 10 or under section 7 of Article 17, the National Assembly shall also stand dissolved and, accordingly, sections 1 to 8 of this Article shall apply.
  13. During the election of the opposition party under section 14 of this Article, the National Assembly shall be suspended animation and the ruling party and their candidates shall not contest in the elections.
  14. Where the original opposition party stands dissolved under this Constitution, an opposition party shall be elected:
    1. Within sixty days from the date of the dissolution of the original opposition party;
    2. From the parties registered with the Election Commission in accordance with section 4 of this Article; and
    3. Through an election held under the Electoral Laws to fill the seats of those constituencies which stood vacant on the dissolution of the original opposition party.
  15. Upon such election of the opposition party and the seats having been filled up, the National Assembly shall resume thereafter in accordance with the provisions of this Constitution.
  16. Parliament shall, by law, regulate the formation, functions, ethical standards, and intra-party organization of political parties and shall ensure the transparency of party funds through regular auditing of their accounts.