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National Assembly adopts Entitlement and Service Conditions (Amendment) Bill for Holders, Members and Commissioners of Constitutional Offices 2020

December 5, 2020
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The National Assembly passed the Entitlement and Service Conditions (Amendment) Bill for Holders, Members and Commissioners of Constitutional Offices 2020, today. However, ten members of parliaments (MP) who voted against the amendment said that the amended section which will allow members and commissioners in the constitutional office to remain in their previous post is against the constitution.

The Social and Cultural Committee of the National Assembly yesterday recommended that a person appointed as the Holder, Member and Commissioner of a Constitutional Office shall resign from his/her previous office with post-service benefits. However, the Council recommended only holders to resign from their previous post with an exception for members and commissioners. After much deliberation yesterday, the Bill was tabled for adoption today in the Assembly. The House, however, saw 10 members who voted ‘No’ for the council’s resolution against 28 votes for yes and six abstaining.

Majority of the members supported the Council’s resolution stating that some members and commissioners in the constitutional offices resign young with nothing to do after their term and that most are not willing to take up constitutional posts among others.

The parliamentarian voting against the amendment said that section four of the Bill which specifically saw a heated deliberation yesterday is not in line with the constitution.

“Like I said yesterday, there is a small problem. If members and commissioners who instead of not resigning are given proper post-service benefits, it will not be against the constitution. I don’t agree that there are not many people wanting to take up a post in constitutional offices. There may be hundreds and thousands. If we ask for a name list like recruiting someone in a job, there will be many. The only difference in this is that five members including Prime minister recruit them,” said Dorji Wangdi, the Opposition Leader.

“If this is passed, this not only goes against article 31 of the constitution but also the main objectives of the constitution. It will go against article 21, 25, 26 and 27 of the constitution. The main aim of the constitution has four aims. The first one is people working in constitutional offices should work without fear and bias. Secondly, they should work without a conflict of interest and without political affiliation. Thirdly, to make them independent. Fourthly, to make it institutional dynamism,” added Passang Dorji (PhD), the Bartsham Shongphu MP.

However, with the poll supporting the council’s resolution, the Bill was adopted. The Bill will be passed to the National Council for deliberation again.

Samten Dolkar

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