The debate continues till the parliament session began Friday amid special function in capital. As per the preliminary decisions, BBS TV will not be allowed to broadcast live the third session of the National Assembly. However, the National Council said it will allow the TV channel to televise its debates.

The national assembly will allow entry of BBS TV only for its opening and closing ceremony besides addresses by King Jigme Khesar, Prime Minister Jigmi Thinley and few deliberations.

The House remains divided whether to allow TV telecast its debate live. Few members and Speaker Jigme Tshultim cite the cost that BBS might have to bear for live show while others say the ban is against the spirit of right to information of general public.

The constitution allows anyone to view the parliament proceeding sessions stating that parliamentary proceedings will be conducted in public.

The opposition leader Tshering Tobgay opposes the ban saying it is not good practice in a democracy.

In his report, PM Thinley projected that the country, running on the road of Gross National Happiness (GNH), will achieve economy growth of eight percent in the 2008-2009 fiscal year. In contrast, as per the promoters, GNH favors economic development over economic growth.

According to the report, the government has instructed the local authorities to look into gravening situation of water supply shortage, employed 22 specialists from Myanmar and employed 18 retired doctors to improve national health services besides providing training about hundred nursing assistants in various hospitals. The government has also launched an accelerated training program which is expected to produce about 1,400 nurses by 2013 against the projected requirement of 1,534.

The PM said government plas to increase the adult literacy rate to 70 percent by the end of the current plan.

A year in the government, DPT said it constructed around 290 km of farm roads and power tiller tracks. He also said government plans to phase out the use of chemical fertilizers and pesticides to promote Bhutan as a purely organic brand. (Download full report here.)

Despite repeated calls form the House, the ministers either absented or sent only written responses to its questions in previous sessions. There are no clear mandates how ministers should answer the questions raised in the parliament. In the winter session, the Council had wanted to invite about five ministers for the question-answer session, but none of them turned up.

The NC plans to set day and time for such session in advance. It also mulls for on-spot questions, unlike the past custom of sending questionnaire to ministers in advance.

Guidelines for this is being drafted and distributed among the NC members. Once prepared, it will be sent to cabinet and national assembly for discussion.

Injecting democratic values 

The National Assembly members

The deficiency of political consciousness – not alone in people but in political leadership – has begun to hunt the new born democracy in Bhutan. Even today, the hardcore nationalists claim the obvious object of King Jigme Singye was to transform nation into a parliamentary democracy peacefully. It is unclear, had there been any real interest to do so and had there been any effort to inject the ideas, values and procedures of democratic government in at least the probable political tycoons.

The nation has an apolitical upper house, a rarely practiced phenomenon in parliamentary democracies. Since the upper house National Assembly has greater attachment to sentiments of the King, for it has five nominees from him, the power tussle between the two houses has already surfaced. It was the first tussle of the first session of the first parliament of democratic Bhutan.

The first DPT government unveiled its incomplete (since the budget was later amended) financial bill at the lower house National Assembly after which the NC claimed it has the legal authority to have say in the bill. Being apolitical, the government sensed some intrigues from NC that could alter the provisions and programs in the budget thus forcing it to change some of the economic agendas and strategies. Resultantly, two houses quarreled on whether they have absolute authority to deal with the fiscal budget. 

Who should pass financial bill?

Budget is the financial bill and according to the constitution, both the houses have equal rights to debate and approve it, NC said. In response the DPT-lodged NA without listening, announced it endorsed the budget. In reality, the joint sitting of both the house remained divided on endorsing it and today, the budget is implemented without approval from the Upper House. The motive to subdue the voices from upper house was the fear the DPT government had that proposed projects for state support to the political parties and constituency development grants to Members of Parliament (MPs) could be chocked out. It was because the NC had termed these provisions as unconstitutional. The constitution restricts any state funding to political parties and constituency development budget to the politicians. Almost the year has gone by – only four months left to end the fiscal year– but still the two houses remain divided whether the budget should be reviewed and endorsed from the upper house as well. 

The cause is the result of rulers who isolated people from reading democratic practices from across the globe in the past. Now, the political leadership finds no alternatives to inviting Indian lawyer for interpreting Bhutanese constitution. In a sense, an expert hired for drafting the constitution certainly has advantage in interpreting the constitution but in other, his presence will have a prolonged impact on Bhutan’s constitutional practices indirectly authorizing the Indian experts as the final interpreter of our law. This is not just to demean our expertise but to undermine the role of Bhutanese judiciary on whose head lies the final authority to interpret the constitution.  

Legitimacy and the expertise of Chief Justice Sonam Tobgay have come to the foray with this initiative. The defenders may say it is the Supreme Court, yet to be constituted as provisioned by the constitution, that has the authority to interpret the constitution but it does not subscribe the fact that High Court currently serving as the ad hoc Supreme Court has no legality or authority at all on this matter. In addition, Sonam Tobgay was named the chairperson by King Jigme Singye to draft the constitution, which subtly suit to credit Tobgay for moving country into the constitutional monarchy. He could have helped what drafting team had discussed the issued during the constitution making process.  

The ghost continued to hunt the second session of the parliament. The NC members were adamant to dig up their right to have say in the budget procedures. The DPT dominated NA could resist no more pressure. Finally, the easy exit for the party is to have some experts speak about the issue. Then, NA eventually thought inviting India’s top advocate K. K. Venugopal to use his expertise to interpret what Bhutanese constitution says. 

The interpreter of the Bhutanese constitution

What NA did came to the floor very late. Outsiders knew only recently why the debate on budget had abruptly closed without a compromising conclusion from the two houses. According to Venugopal, provisions of Article 13 and 14 of the Bhutanese Constitution follow the procedures for financial legislation similar to that of India – the country which endorses budget only from lower house.

According to the interpretation of Bhutanese constitution by this lawyer, the budget is first discussed in both the Houses and only the Lower House has the authority to vote on the categories of expenditures or the appropriation bill under the budget.

The assertion of NC has weight on one aspect that it has the authority to vote on the budget since it is a bill but it has also demanded that it should be sent to the King for endorsement, the practice set only in few democracies. 

Constitutional provision 

The constitution of Bhutan does not adequately explain whether budget is regarded as bill but in general practice, financial bill is used to define budget. But because this is yearly cycle, Financial Bill is different than other bills, which become permanent laws of the country upon endorsement. The constitution says in case of the urgent bills and budget, they shall be passed in the same session of the parliament. To note this side of the constitution, when it comes to the procedures laid for passing bills, budget is deemed to be a bill – the Financial Bill and has to go to King for assent upon approval from both the houses. 

However, Kottayan Katankot Venugopal said the word ‘bills’ is not qualified by the word ‘Budget,’ as a result of which the question of placing the Budget for the assent for the King will not arise. And this has been accepted by Bhutanese lawyers, faithfully. 

The concern is not about how budget is passed in parliament but is the measure taken for interpretation of the constitution. It is not necessary that Bhutan has to follow what India has. And this does not mean Bhutan should not follow what India has.

Interpretation of constitution has larger impact on national sovereignty. Had the National Assembly asked Indian lawyer about budget procedures in his country, issue would not have come to be debatable. Had these MPs who visited Denmark to learn parliamentary practices inquired about budget endorsement process in Europe, Bhutan could have set its own procedures for this. It is unseen factor whether they had ignored the issue or feared of lessening Indian influences in national politics. Denmark where MPs visited to take tuition on democracy and parliamentary practices, the single chamber of the people’s representatives passes the Financial Bill and is sent to Queen, the head of the state, for assent before the budget is implemented by the ruling party.

The National Assembly has the authority, by virtue and by constitutional provisions, to amend constitutions to suit the need and time. Debating on procedure and setting a constitutional provision would have been a better solution for the constraint than inviting a foreign lawyer for its interpretation. The Indian version of interpretation of our constitution has ceded sovereign authority and supremacy of interpretation of our constitution to India.  

Democracy has been established and people’s representatives have been adorned with authority to formulate laws, protect national sovereignty. It is their duty to determine how budget must be passed in the parliament, even if that needed amendment in constitution defining budget – whether it is to be regarded as bill or different.

The winter session or the second sitting of the National Assembly of Bhutan (NAB) concluded after hectic three week long deliberations. After the experience from two sessions, MPs encumbered with ministers from the preceding autocratic nurture, could evaluate their dreams and election promises as disgrace in the throne gifted democratic environment. 

The first session, which was a formal house warming of the renovated assembly halls, accustomed fresh members to walk and sit the right way. A lot of changes were made in the physical aspects, the hall, the seat arrangement, facilities and benefits. Everybody concentrated on using the word “democracy”. Indian prime minister graced the joint session of the first democratic parliament, as if, its protectorate. The rest of the sessions concerted on chalking out ways to thank the monarchy for letting them use the word democracy. As return gifts, grand plans for the coronation of the fifth monarch and celebration of 100 years of rule by the Wangchuck dynasty were formulated. Various commissions and committees were formed to flaunt the monarchs. The draft of constitution, according to which the members were elected, was discussed. The discussion ended exposing the dearth of vision in the members or the omnipotence of the drafter; change was not necessary and the constitution was adopted without any reservation. 

Most of the time of the new government was spent in organizing the monarch gratifying activities. Thereafter, there were lots of festivities but nothing to celebrate. Besides the two grand carousing consisting of a couple of month long banquet at the cost of state coffer, the activity of government was limited to close door paper works. 

The second session saw getting down to work. The introduction of issues and discussion of the bills continued in a top to down approach, as in the pre-democratic era. Metamorphosis of the assembly hall was a visible sign of change but the modus operandi remained unaltered if not more authoritative.  The NAB amended the Cooperative Act of Bhutan 2001 as Cooperative (Amendment) Act of Bhutan 2009 and Livestock Act of Bhutan 2001 as Livestock (Amendment) Act of Bhutan 2009; endorsed Prison Bill 2009, and Royal Bhutan Police Bill 2009; passed “pay revision” with controversies; discussed on reserve management and balance of payments, the security protection for the MPs reopening of schools and the plea from the people of the southern districts. The welfare to the people and development of the state was nowhere in their discussion. An easy answer was “the next five year plan”; the content of which can be assumed from the fact that it was planned by the erstwhile government.

The Druk Phensum Tshogpa (DPT) government surprised the civil servants, most of whom were instrumental in mobilizing the rural votes in its favor, with a 35 percent pay rise; the MPs get 20 percent rise. The salary of the local leaders, with whom the DPT wants to retain intimacy, is increased by 45 percent. The most vulnerable section, the non-civil servants or the non-regular employees of the government falling under elementary service category, who in future are prone to support any pro-poor advocating political party than DPT, are assured the highest gain of 61 percent.

The ban on meat during first and fourth month of Buddhist calendar has been lifted. Earlier NAB had strong and respectful representation of monk body, under whose influence, to reduce the number of animal butchered, the slaughter of animal and sale of meat were banned. The present NAB lacks the representation of monk bodies, whose member counts 10,000 plus adults, who are also forbidden to participate in the election. While the ban was imposed to reduce the number of animal slaughter, it was lifted to reduce the unhygienic practice of hording the meat prior to the banned dates.

Many MPs proved whimsical and short of vision. Soon after the victory in election they resorted to expensive and attractive dresses. On the first working day of the 2009, the NA members rushed to journalists to urge them write that they denied bag gifts from Druk Holdings and Investment (DHI) group, on the reason that it cost more than Euro 30. As a measure to eradicate corruption from the upper rung, gifts worth Nu 1000 (Euro-16) or more are not exchanged. The NC members who accepted the gift were ridiculed. After 20 days, these members were avoiding the journalists; because each of them had a gift, a book, worth Euro-45 in their pouch. 

The apolitical National Council (NC), with 20 percent members deputed by monarch, has been an effective check and balance to the almost single party NA.  Unlike the members of NA, the NC members encompass diversity of views. The NC objected to the constituency development grant, according to which the NA members were to get a certain lump-sum amount to use in the development of the constituency, where the national plan has not reached. They were against rescuing the political parties drowned in election incurred debt. But many NC members showed a distinct crave for more benefits and more money. 

Minister Minjur and the bomb blast in Sarbang

Home Minister Minjur

When the parliament was ready to discuss on the difficulties faced by people due to security clearance certificate, its rules and modalities, and need to stop state sponsored terrorism on the people since the democratic movement in the 1990s, the government was scratching ways to silence the voice of those MPs who were expected to charge the government. At this time a group of unidentified gunmen attacked off- the- duty foresters and killed them in cold blood. No culprit is apprehended. What so ever, the cost was high and the loss irreparable.

The MPs from the southern district forwarded the people’s plea. They were supported by the MPs from the east where the situation is similar; even the MP from Gasa, one of the most remote districts of the nation expressed his concern, making it clear that the entire population is aware of the governments step motherly treatment on the people of southern and eastern districts following the discontentment in the late 1980s and 1990s. Minister Minjur, on the shoes of Dago Tshering- the designer of the 1990s crackdown and subsequent eviction, down-regulated the entire discussion. The minister used the case of foresters’ murder as a weapon to retaliate against the MPs and to sew their lips. The result: the NOC system shall continue to bar the people from gaining access to schools, jobs, business, travel and an honorable living. Some schools will be reopened in the south but only for the soldiers’ and the resettled people’s children, and not for the children of those Bhumiputra, the original son of the land. The evidences so far pinpoint those in power responsible for sponsoring the bomb blasts, first for an answer and second for the power.

What so ever, the current government must be prepared to welcome burst of anger from those people who are denied rights and freedom, accused of false allegations and treated as enemies, who are suppressed under the boot and bayonet for decades. 

Democracy is not dead

Preceding paragraphs may show an end of the democracy. It is not. There is no dearth of democratically wise and diplomatically able people in Bhutan. To name a few, the police Chief Col Kipchu Namgyel, the MP from Gasa Damcho Dorji come to the top of the list. Police chief put a full stop to the system of making new recruits serve as officers’ domestics- a system prevalent since ages. He extended balm of extra allowance to panicking officers who lost the state paid domestics. He built strong rapports with the MPs and fought to keep the police force independent from the home ministry. He also clarified that the police system cannot guarantee the human rights of prisoners and convicts and suggested to form different body to look after such cases. He must be the first man in uniform, in the world to speak the reality with commendable modesty. While other MPs talked of their constituencies or themselves, MP from Gasa Damcho Dorji could visualize the problem of people in other regions. In the presence of limited number of such people, the democracy will take snail pace toward the brighter side. Bhutan needs more people with values and vision, brain and heart in the forefront to lead the nation to a vibrant democracy.

As long as NA remains a prayer hall to pray to the monarchs and their ancestors; as long as the people’s representatives fear to express their people’s concern and those who do get punishment; as long as the ministers and yes-men of the old regime continue to hold authority to decide the fate of the people; the throne gifted democracy is not going to fulfill people’s aspirations and needs.