Bhutan 2008 Constitution

Article 2. The Institution of Monarchy

1. His Majesty the Druk Gyalpo is the Head of State and the symbol of unity of the Kingdom and of the people of Bhutan.
2. The Chhoe-sid-nyi of Bhutan shall be unified in the person of the Druk Gyalpo who, as a Buddhist, shall be the upholder of the Chhoe-sid.
3. The title to the Golden Throne of Bhutan shall vest in the legitimate descendants of Druk Gyalpo Ugyen Wangchuck as enshrined in the inviolable and historic Gyenja of the Thirteenth Day, Eleventh Month of the Earth Monkey Year, corresponding to the Seventeenth Day of December, Nineteen Hundred and Seven and shall:
   1. Pass only to children born of lawful marriage;
   2. Pass by hereditary succession to the direct lineal descendants on the abdication or demise of the Druk Gyalpo, in order of seniority, with a prince taking precedence over a princess, subject to the requirement that, in the event of shortcomings in the elder prince, it shall be the sacred duty of the Druk Gyalpo to select and proclaim the most capable prince or princess as heir to the Throne;
   3. Pass to the child of the Queen who is pregnant at the time of the demise of the Druk Gyalpo if no heir exists under section 3(b);
   4. Pass to the nearest collateral line of the descendants of the Druk Gyalpo in accordance with the principle of lineal descent, with preference being given for elder over the younger, if the Druk Gyalpo has no direct lineal descendant;
   5. Not pass to children incapable of exercising the Royal Prerogatives by reason of physical or mental infirmity; and
   6. Not pass to a person entitled to succeed to the Throne who enters into a marriage with a person other than a natural born citizen of Bhutan.
4. The successor to the Throne shall receive dar from the Machhen of Zhabdrung Ngawang Namgyal at Punakha Dzong and shall be crowned on the Golden Throne.
5. Upon the ascension of the Druk Gyalpo to the Throne, the members of the Royal Family, the members of Parliament and the office holders mentioned in section 19 of this Article shall take an Oath of Allegiance to the Druk Gyalpo.
6. Upon reaching the age of sixty-five years, the Druk Gyalpo shall step down and hand over the Throne to the Crown Prince or Crown Princess, provided the Royal Heir has come of age.
7. There shall, subject to the provision of section 9 of this Article, be a Council of Regency when:
   1. The successor to the Throne has not attained the age of twenty-one years;
   2. The Druk Gyalpo has temporarily relinquished, by Proclamation, the exercise of the Royal Prerogatives; or
   3. It has been resolved by not less than three-fourths of the total number of members of Parliament in a joint sitting that the Druk Gyalpo is unable to exercise the Royal Prerogatives by reason of temporary physical or mental infirmity.
8. The Council of Regency shall collectively exercise the Royal Prerogatives and the powers vested in the Druk Gyalpo under this Constitution and shall be composed of:
   1. A senior member of the Royal Family nominated by the Privy Council;
   2. The Prime Minister;
   3. The Chief Justice of Bhutan;
   4. The Speaker;
   5. The Chairperson of the National Council; and
   6. The Leader of the Opposition Party.
9. In the case specified under section 7(b) or 7(c) of this Article, the descendant of the Druk Gyalpo, who is the heir presumptive, shall, instead of the Council of Regency, become Regent by right, if the heir presumptive has attained the age of twenty-one years.
10. The members of the Council of Regency shall take an Oath of Allegiance before Parliament to faithfully discharge their duties.
11. When the successor to the Throne attains the age of twenty-one years or when the Druk Gyalpo resumes the exercise of the Royal Prerogatives under sections 7(a) and 7(b) of this Article, notice shall be given by Proclamation. However, when the Druk Gyalpo regains the ability to exercise the Royal Prerogatives under section 7(c) of this Article, notice shall be given to that effect by resolution of Parliament.
12. The members of the Royal Family shall be the reigning and past Monarchs, their Queens and the Royal Children born of lawful marriage.
13. The Druk Gyalpo and the members of the Royal Family shall be entitled to:
    1. Annuities from the State in accordance with a law made by Parliament;
    2. All rights and privileges including the provision of palaces and residences for official and personal use; and
    3. Exemption from taxation on the royal annuity and properties provided for by sections 13(a) and 13(b) of this Article.
14. There shall be a Privy Council, which shall consist of two members appointed by the Druk Gyalpo, one member nominated by the Lhengye Zhungtshog and one member nominated by the National Council. The Privy Council shall be responsible for:
    1. All matters pertaining to the privileges of the Druk Gyalpo and the Royal Family;
    2. All matters pertaining to the conduct of the Royal Family;
    3. Rendering advice to the Druk Gyalpo on matters concerning the Throne and the Royal Family;
    4. All matters pertaining to crown properties; and
    5. Any other matter as may be commanded by the Druk Gyalpo.
15. The Druk Gyalpo shall not be answerable in a court of law for His actions and His person shall be sacrosanct.
16. The Druk Gyalpo, in exercise of His Royal Prerogatives, may:
    1. Award titles, decorations, dar for Lhengye and Nyi-Kyelma in accordance with tradition and custom;
    2. Grant citizenship, land kidu and other kidus;
    3. Grant amnesty, pardon and reduction of sentences;
    4. Command Bills and other measures to be introduced in Parliament; and
    5. Exercise powers relating to matters which are not provided for under this Constitution or other laws.
17. The Druk Gyalpo may promote goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries.
18. The Druk Gyalpo shall protect and uphold this Constitution in the best interest and for the welfare of the people of Bhutan.
19. The Druk Gyalpo shall, by warrant under His hand and seal, appoint:
    1. The Chief Justice of Bhutan in accordance with section 4 of Article 21;
    2. The Drangpons of the Supreme Court in accordance with section 5 of Article 21;
    3. The Chief Justice of the High Court in accordance with section 11 of Article 21;
    4. The Drangpons of the High Court in accordance with section 12 of Article 21;
    5. The Chief Election Commissioner and Election Commissioners in accordance with section 2 of Article 24;
    6. The Auditor General in accordance with section 2 of Article 25;
    7. The Chairperson and members of the Royal Civil Service Commission in accordance with section 2 of Article 26;
    8. The Chairperson and members of the Anti-Corruption Commission in accordance with section 2 of Article 27;
    9. The heads of the Defence Forces from a list of names recommended by the Service Promotion Board;
    10. The Attorney General in accordance with section 2 of Article 29;
    11. The Governor of the Central Bank of Bhutan on the recommendation of the Prime Minister;
    12. The Chairperson of the Pay Commission in accordance with section 1 of Article 30;
    13. The Cabinet Secretary on the recommendation of the Prime Minister;
    14. The Secretary General of the respective Houses on the recommendation of the Royal Civil Service Commission;
    15. Ambassadors and Consuls on the recommendation of the Prime Minister;
    16. The Secretaries to the Government on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission on the basis of merit and seniority and in accordance with other relevant rules and regulations; and
    17. Dzongdags on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission.
20. The Druk Gyalpo shall abdicate the Throne for willful violations of this Constitution or for being subject to permanent mental disability, on a motion passed by a joint sitting of Parliament in accordance with the procedure as laid down in sections 21, 22, 23, 24 and 25 of this Article.
21. The motion for abdication shall be tabled for discussion at a joint sitting of Parliament if not less than two-thirds of the total number of the members of Parliament submits such a motion based on any of the grounds in section 20 of this Article.
22. The Druk Gyalpo may respond to the motion in writing or by addressing the joint sitting of Parliament in person or through a representative.
23. The Chief Justice of Bhutan shall preside over the joint sitting of Parliament mentioned in section 21 of this Article.
24. If, at such joint sitting of Parliament, not less than three-fourths of the total number of members of Parliament passes the motion for abdication, then such a resolution shall be placed before the people in a National Referendum to be approved or rejected.
25. On such a resolution being approved by a simple majority of the total number of votes cast and counted from all the Dzongkhags in the Kingdom, the Druk Gyalpo shall abdicate in favour of the heir apparent.
26. Parliament shall make no laws or exercise its powers to amend the provisions of this Article and section 2 of Article 1 except through a National Referendum.