Judicial system of Bhutan

The judicial system of Bhutan is the purview of the Royal Court of Justice, the judicial branch of the government of Bhutan under the Constitution of 2008. The judicial system comprises the Judicial Commission, the courts, the police, the penal code, and regulations on jabmi (attorneys).

The National Judicial Commission was established in 2001 as part of Bhutan's Civil and Criminal Procedure Code. It began as a body appointed by the Druk Gyalpo and chaired by the Chief Justice of Bhutan, also a royal appointee. In 2001, the number of council members was not codified.

The Commission was reshaped with the enactment of the Judicial Service Act of 2007. Its membership was codified to include the chairperson of the Legislative Committee of the National Assembly, the Attorney General, the senior most Associate Justice (Drangpon) of the Supreme Court, and the Chief Justice of Bhutan as Chairperson. The Commission advises the Druk Gyalpo on judicial appointments (the Chief Justice of Bhutan and the Drangpons of the Supreme Court and High Court – also the members of the Commission itself). The Commission also advises the Druk Gyalpo on the establishment of courts and tribunals in addition to those established by law. With the enactment of the Constitution of Bhutan in 2008, the Commission membership was reduced to four persons: the Chief Justice of Bhutan as Chairperson, the senior most Drangpon of the Supreme Court, the Chairperson of the Legislative Committee of the National Assembly, and the Attorney General (Art. 2) All members of the Committee except the National Assembly Committee Chairperson remain royal appointments.

The Judicial Service Act of 2007 also established the Royal Judicial Service Council, an administrative agency ancillary to the National Judicial Commission. It has seven members: the Chief Justice of the High Court; the Registrars General of the Supreme Court and High Court; one sitting Drangpon of the Supreme Court; two Drangpons of the Dzongkhag Courts; and one Drangpon of the Dungkhag Courts on a two-year rotational basis. No Supreme Court Drangpon may simultaneously sit on both the Commission and the Council. The Royal Judicial Service Council determines and administers the organizational structure, budgetary, and personnel requirements of the judiciary. The Council is also empowered to create and abolish posts other than those of the Supreme Court and the High Court Drangpons, regulate higher or continuing legal education, and oversee the Judicial Service Selection Examination. All decisions of the Council must be reviewed by the Chief Justice of Bhutan.

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