Six acts contradict the Constitution, finds the National Law Review Taskforce. The taskforce was formed in April 2015 to harmonise and consolidate laws and legislation in the country.
The six acts are: Civil Service Act of Bhutan 2010, Mines and Minerals Management Act 1995, Medicine Act, Immigration Act, Royal Bhutan Police Act, Pesticides Act, and the Civil and Criminal Procedure Code of Bhutan.
The report points out that the Civil Service Act authorises the Royal Civil Service Commission (RCSC) as the central agency in recruitment, training, transfer, and promotion of civil servants.
However, the Constitution and laws of the judiciary and the constitutional offices empower full independence to the Judiciary, the Anti-Corruption Commission, the Election Commission, and the Royal Audit Authority to recruit new employees and do other forms of personnel management.
The report also states, the use of term “Royal Government” in the act’s Preamble instead of the word “Government” undermines the doctrine of Separation of Power under Article 13 and Article 26, section 8 of the Constitution.
The report reveals that since the RCSC implements the decisions of the Council of Ministers and are answerable to them, it might affect the long-term vision of maintaining an apolitical civil service.
The task force recommended a complete overhaul and redrafting of the Civil Service Act to align it with the Constitution and other Acts.
The Mines and Minerals Management Act of Bhutan 1995, which was enacted before the Constitution was also recommended to be amended, so that the provisions and rules, which gives mining rights to private companies are changed.
The Medicines Act, Immigration Act and the Royal Bhutan Police Act allow its respective agencies with prosecutorial functions, while the Office of the Attorney General Act establishes the OAG as the only prosecuting agency of the government.
The task force recommended respective agencies to seek permission or power of attorney from the OAG to undertake prosecution.
The Pesticides Act grants officials appointed under the act to search, seize and detain individuals. This provision in the act is inconsistent with the Constitution, and the Civil and Criminal Procedure Code of Bhutan.
Also, since court orders are required to conduct search, seize and detain offenders, the task force recommended amending this Act as well.
