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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. - PowerPoint PPT Presentation
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Evolution of the Bhutanese Legal
System and Judicial Procedure
Drangpon Tharchean
Bhutan National Legal Institute
Historical Background
1614 – Chayig Chhenmo
1652 – Codification of Law Completed
Code based on fundamental teachings of Buddhism
Addressed violations of both secular and temporal laws
Ten pious acts – Lhachoe Gyewa Chu
Sixteen virtuous acts of social piety – Michoe Tsangma Chudrug
1636 – First set of Bhutanese Law
Zhabdrung’s Code It’s a basis of Bhutanese legal system Amended several times –
10th Desi Mipham Wangpo consolidated and amended certain parts
In mid-18th Century, 13th Desi Choegyal Sherab Wangchuk 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
Thrimzhung Chhenmo
His Majesty Third King’s reign the National Assembly of Bhutan enacted the first comprehensive codified laws known as the Thrimzhung Chhenmo or the Supreme Law.
Almost all modern categories of criminal offenses and corresponding penalties were enshrined under this provisions.
His Majesty the Fourth King initiated various amendments and enactments of laws to respond fully and effectively to the changing needs of our nation
Development of Bhutanese Judiciary
1961 – Appointment of Judges and separation of powers
1968 – Establishment of High Court
1978 – Establishment of Sub-District Court
2008 – Adoption of Constitution
Judicial Process
1. Informal Process• The Court system in Bhutan is established only in
1960s• Mediation –Thrimshung Chhenmo• 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.
Judicial Process Contd...
2. Formal Process• Only a judge duly appointed by His Majesty is
empowered to hear and decide cases• Drangpons were appointed in few Dzongkhags in 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