Bhutan 2008 Constitution

Article 22. Local Governments

1. Power and authority shall be decentralized and devolved to elected Local Governments to facilitate the direct participation of the people in the development and management of their own social, economic and environmental well-being.
2. Bhutan shall have Local Governments in each of the twenty Dzongkhags comprising the Dzongkhag Tshogdu, Gewog Tshogde and Thromde Tshogde.
3. Local Governments shall ensure that local interests are taken into account in the national sphere of governance by providing a forum for public consideration on issues affecting the local territory.
4. The objectives of Local Government shall be to:
   1. Provide democratic and accountable government for local communities;
   2. Ensure the provision of services to communities in a sustainable manner;
   3. Encourage the involvement of communities and community organizations in matters of local governance; and
   4. Discharge any other responsibilities as may be prescribed by law made by Parliament.
5. A Local Government shall strive, within its financial and administrative capacity, to achieve the objectives set out under this Article.
6. The Dzongkhag Tshogdu shall comprise:
   1. The Gup and Mangmi as the two elected representatives from each Gewog;
   2. One elected representative from that Dzongkhag Thromde; and
   3. One elected representative from Dzongkhag Yenlag Thromdes.
7. A Gewog shall be divided into Chiwogs for the election of the Tshogpas to the Gewog Tshogde. The Gup and Mangmi, who are elected by the people of the Gewog shall be the members of the Gewog Tshogde. The Gup shall be the Chairperson of the Gewog Tshogde.
8. A Thromde Tshogde shall be headed by a Thrompon, who is directly elected by the voters of the Dzongkhag Thromde. The powers and functions of the Thrompon shall be defined by law made by Parliament.
9. A Dzongkhag Thromde shall be divided into constituencies for the election of the members of the Thromde Tshogde.
10. A Gewog Tshogde or a Thromde Tshogde shall not have more than ten and fewer than seven elected members.
11. The Dzongkhag Tshogdu shall elect a Chairperson from among its members.
12. The Dzongkhag Tshogdu shall meet at least twice a year while the Gewog Tshogde and the Thromde Tshogde shall assemble at least three times a year.
13. The presence of not less than two-thirds of the total number of members shall be required to constitute a quorum for a sitting of a Local Government.
14. When the office of a member of the Local Government becomes vacant for any reason other than the expiration of term, an election of a member to fill the vacancy shall be held within thirty days as from the date of the vacancy.
15. The members of Local Governments shall take an Oath or Affirmation of Office, as provided for in the Third Schedule of this Constitution, before assuming their responsibilities.
16. The election of the members of Local Governments shall be conducted in accordance with the provisions of the Electoral Laws.
17. A candidate to or a member of the Local Governments shall not belong to any political party.
18. Local Governments shall be:
    1. Supported by the Government in the development of administrative, technical and managerial capacities and structures which are responsive, transparent, and accountable;
    2. Entitled to levy, collect, and appropriate taxes, duties, tolls, and fees in accordance with such procedure and subject to limitations as may be provided for by Parliament by law;
    3. Entitled to adequate financial resources from the Government in the form of annual grants;
    4. Allocated a proportion of national revenue to ensure self-reliant and self-sustaining units of local self-government;
    5. Supported by the Government to promote holistic and integrated area-based development planning; and
    6. Entitled to own assets and incur liabilities by borrowing on their own account subject to such limitations as may be provided for by Parliament by law.
19. Local Governments shall be supported by administrative machinery staffed by civil servants.
20. A Dzongkhag shall have a Dzongdag as the chief executive supported by civil servants. The Dzongdag shall have no political affiliation and shall discharge his or her responsibilities as the chief executive in the interests of the people and the country.
21. The Dzongkhag Tshogdu, the Gewog Tshogde and the Thromde Tshogde, unless sooner dissolved, shall continue for five years from the date of the first sitting of the respective bodies.
22. The powers and functions of the Dzongdag and the Local Governments shall be in accordance with the laws made by Parliament.