Attorney General of Bhutan
Encyclopedia
The Office of the Attorney General of Bhutan
(Dzongkha: རྩོད་དཔོན་ཡོངས་ཁྱབ་ཡིག་ཚང་; Wylie
: rtsong-dpon yongs-khyab yig-tshang) is the legal arm of the executive branch
of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan
. Under the Constitution of 2008
, the Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister. The Office of the Attorney General is codified by the Attorney General Act of 2006, an act
of parliament
incorporated by the Constitution. Under the Act, the Attorney General also authors and reviews legislation for parliament.
(Council of Ministers) on the recommendation of its Special Task Force on Enhancing Good Governance. The Office of Legal Affairs was formally established by law on April 14, 2000 as the government's central legal agency. In 2000, the Office began to assume the role of prosecutor, until then the purview of the Royal Civil Service Commission Secretariat and the Law and Order Division of the Ministry of Home Affairs
. The policies and decisions of the Office were guided during its early years by Terms of Reference issued by the Council of Ministers in 2002.
On June 30, 2006, the Office of Legal Affairs was replaced by the Office of the Attorney General that exists today. The Attorney General Act of 2006 creates an independent Attorney General office responsible for advising the government, representing it in legal matters including law enforcement, and drafting and reviewing legislation
.
The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008
, tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation
for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions.
The Office of the Attorney General currently codifies its own Prosecution Guidelines for its Prosecution and Litigation Division. When deciding whether to prosecute cases under Bhutanese law, the Prosecution and Litigation Division first evaluates whether there exists a prima facie case – whether the elements of the offense are met. When a prima facie case is established, the matter is subjected to an "Evidential Test" and a "Public Interest Test." The "Evidential Test" requires sufficient to convict the accused, and that "any reasonable judge would, without compunctions, hold the accused guilty." The "Public Interest Test" requires further that such a prosecution would not have an adverse implication on the public.
Bhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
(Dzongkha: རྩོད་དཔོན་ཡོངས་ཁྱབ་ཡིག་ཚང་; Wylie
Wylie transliteration
The Wylie transliteration scheme is a method for transliterating Tibetan script using only the letters available on a typical English language typewriter. It bears the name of Turrell V. Wylie, who described the scheme in an article, A Standard System of Tibetan Transcription, published in 1959...
: rtsong-dpon yongs-khyab yig-tshang) is the legal arm of the executive branch
Lhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
of the government. It is also the legal adviser of the government and its representative in the judicial system of Bhutan
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...
. Under the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
, the Attorney General is appointed by the King of Bhutan on the advice of the Prime Minister. The Office of the Attorney General is codified by the Attorney General Act of 2006, an act
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
of parliament
Parliament of Bhutan
The Parliament of Bhutan consists of the King of Bhutan together with a bicameral parliament.Constitution: Art. 1, § 3; Art. 10 This bicameral parliament is made up of an upper house, the National Council and a lower house, the National Assembly.Constitution: Art. 11; Art...
incorporated by the Constitution. Under the Act, the Attorney General also authors and reviews legislation for parliament.
Office of the Attorney General
The Office of the Attorney General was first formed as the "Office of Legal Affairs" in 1999 by the Lhengye ZhungtshogLhengye Zhungtshog
The Lhengye Zhungtshog is the highest executive body in Bhutan. It was created in 1999 by Jigme Singye Wangchuck, the fourth King of Bhutan....
(Council of Ministers) on the recommendation of its Special Task Force on Enhancing Good Governance. The Office of Legal Affairs was formally established by law on April 14, 2000 as the government's central legal agency. In 2000, the Office began to assume the role of prosecutor, until then the purview of the Royal Civil Service Commission Secretariat and the Law and Order Division of the Ministry of Home Affairs
Ministry of Home and Cultural Affairs
The Bhutanese Ministry of Home and Cultural Affairs is the government ministry within the Lhengye Zhungtshog which oversees law and order; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the...
. The policies and decisions of the Office were guided during its early years by Terms of Reference issued by the Council of Ministers in 2002.
On June 30, 2006, the Office of Legal Affairs was replaced by the Office of the Attorney General that exists today. The Attorney General Act of 2006 creates an independent Attorney General office responsible for advising the government, representing it in legal matters including law enforcement, and drafting and reviewing legislation
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
.
The Attorney General Act of 2006, wholly incorporated by the Constitution of 2008
Constitution of Bhutan
The Constitution of Bhutan was enacted July 18, 2008 by the Royal Government. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan...
, tasks the Attorney General with prosecuting crimes, safeguarding the impartiality of the judicial process, and disseminating information about the law among the people. The Attorney General also drafts Bhutanese legislation
Bhutanese legislation
Bhutanese legislation is created by the bicameral Parliament of Bhutan. Either the upper house National Council, the lower house National Assembly, or the Attorney General may author bills to be passed as acts, with the exception of money and financial bills, which are the sole purview of the...
for submission to parliament, reviews legislation authored in parliament, and advises all levels of government regarding judicial decisions.
The Office of the Attorney General currently codifies its own Prosecution Guidelines for its Prosecution and Litigation Division. When deciding whether to prosecute cases under Bhutanese law, the Prosecution and Litigation Division first evaluates whether there exists a prima facie case – whether the elements of the offense are met. When a prima facie case is established, the matter is subjected to an "Evidential Test" and a "Public Interest Test." The "Evidential Test" requires sufficient to convict the accused, and that "any reasonable judge would, without compunctions, hold the accused guilty." The "Public Interest Test" requires further that such a prosecution would not have an adverse implication on the public.
Divisions of the Office of the Attorney General
The Office of the Attorney General is divided into divisions and sections; these divisions are overseen by the Deputy Attorney General, who reports to the Attorney General:- Administration & Finance Division
- Drafting & Review Division:
- Drafting Section; Review Section
- Legal Services Division:
- Domestic Section; International Section
- Policy & Planning Division
- Prosecution & Litigation Division:
- Civil Section; Criminal Section
- Research & IT Division:
- Research Section; IT Section; Library & Documentation Section
List of attorneys general
Prior to June 30, 2006, Attorneys General of Bhutan were known as "Directors of the Office of Legal Affairs."| Order | Name | Term |
|---|---|---|
| 1 | Dasho Tashi Phuntsog | January 1, 2000 – September 7, 2001 |
| 2 | Kuenlay Tshering | September 7, 2001 – March 6, 2006 |
| Pema Rinzin, Officiating Director | March 6, 2006 – April 26, 2006 | |
| 3 | Damcho Dorji | April 26, 2006 – June 30, 2006 |
| 4 | Damcho Dorji | September 25, 2006 – August 22, 2007 |
| Karma Lhuntshi, Officiating Attorney General | August 22, 2007 – July 2008 | |
| 5 | Rinzin Penjor | July 2008 – May 14, 2010 |
| 6 | Phuntsho Wangdi | May 14, 2010 – (incumbent) |