Bhutan 2008 Constitution

Article 21. The Judiciary

1. The Judiciary shall safeguard, uphold, and administer Justice fairly and independently without fear, favour, or undue delay in accordance with the Rule of Law to inspire trust and confidence and to enhance access to Justice.
2. The judicial authority of Bhutan shall be vested in the Royal Courts of Justice comprising the Supreme Court, the High Court, the Dzongkhag Court, the Dungkhag Court and such other Courts and Tribunals as may be established from time to time by the Druk Gyalpo on the recommendation of the National Judicial Commission.
3. The Supreme Court shall be a court of record.
4. The Chief Justice of Bhutan shall be appointed from among the Drangpons of the Supreme Court or from among eminent jurists by the Druk Gyalpo, by warrant under His hand and seal in consultation with the National Judicial Commission.
5. The Drangpons of the Supreme Court shall be appointed from among the Drangpons of the High Court or from among eminent jurists by the Druk Gyalpo, by warrant under His hand and seal in consultation with the National Judicial Commission.
6. The term of office of:
   1. The Chief Justice of Bhutan shall be five years or until attaining the age of sixty-five years, whichever is earlier; and
   2. The Drangpons of the Supreme Court shall be ten years or until attaining the age of sixty-five years, whichever is earlier.
7. The Supreme Court of Bhutan, which shall comprise the Chief Justice and four Drangpons, shall be the highest appellate authority to entertain appeals against the judgments, orders, or decisions of the High Court in all matters and shall have the power to review its judgments and orders.
8. Where a question of law or fact is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court, the Druk Gyalpo may refer the question to the Supreme Court for its consideration, which shall hear the reference and submit its opinion to Him.
9. The Supreme Court may, on its own motion or on an application made by the Attorney General or by a party to a case, withdraw any case pending before the High Court involving a substantial question of law of general importance relating to the interpretation of this Constitution and dispose off [sic] the case itself.
10. The Supreme Court and the High Court may issue such declarations, orders, directions or writs as may be appropriate in the circumstances of each case.
11. The Chief Justice of the High Court shall be appointed from among the Drangpons of the High Court or from among eminent jurists by the Druk Gyalpo, by warrant under His hand and seal, on the recommendation of the National Judicial Commission.
12. The Drangpons of the High Court shall be appointed from among the Drangpons of the Dzongkhag Courts or from among eminent jurists by the Druk Gyalpo, by warrant under His hand and seal, on the recommendation of the National Judicial Commission.
13. The term of office of the Chief Justice and the Drangpons of the High Court shall be ten years or until attaining the age of sixty years, whichever is earlier.
14. The High Court of Bhutan, which shall comprise of a Chief Justice and eight Drangpons, shall be the court of appeal from the Dzongkhag Courts and Tribunals in all matters and shall exercise original jurisdiction in matters not within the jurisdiction of the Dzongkhag Courts and Tribunals.
15. The independence of the Drangpons of the Supreme Court and the High Court shall be guaranteed, provided that a Drangpon may be censured or suspended by a command of the Druk Gyalpo on the recommendation of the National Judicial Commission for proven misbehaviour, which, in the opinion of the Commission, does not deserve impeachment.
16. Parliament may, by law, establish impartial and independent Administrative Tribunals as well as Alternative Dispute Resolution centres.
17. The Druk Gyalpo shall appoint members of the National Judicial Commission by warrant under His hand and seal. The National Judicial Commission shall comprise:
    1. The Chief Justice of Bhutan as Chairperson;
    2. The senior most Drangpon of the Supreme Court;
    3. The Chairperson of the Legislative Committee of the National Assembly; and
    4. The Attorney General.
18. Every person has the right to approach the courts in matters arising out of the Constitution or other laws subject to section 23 of Article 7.