Wednesday, July 11, 2012

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Provisions of the Constitution of Bhutan

The provisions of the Constitution of Bhutan appear below, grouped into thematic order for the convenience of the reader.

Government of Bhutan under the 2008 Constitution

Elections

Article 23 defines the Constitutional requirements for elections in Bhutan. The Constitution calls for universal suffrage by secret ballot of all citizens over age 18 who have been registered in the civil registry of their constituency for at least one year and not "otherwise disqualified from voting under any law in force in Bhutan." In order to vote, Bhutanese citizens must furnish their Citizenship Card.
Parliament makes, by law, provisions for all matters relating to, or in connection with, elections including the filing of election petitions challenging elections to Parliament and Local Governments, and the Code of Conduct for the political parties and the conduct of the election campaign as well as all other matters necessary for the due constitution of the Houses of Parliament and the Local Governments.
In order to provide for informed choice by the voter, candidates for an elective office must file, along with a nomination, an affidavit declaring: the income and assets of candidates, spouses and dependent children; biographical data and educational qualifications; records of criminal convictions; and whether candidates are accused in a pending case for an offense punishable with imprisonment for more than one year and in which charges are framed or cognizance is taken by a court of law prior to the date of filing of such a nomination.
To qualify for an elective office, candidates must be Bhutanese citizens; must be registered voters in their own constituencies; be between ages 25 and 65 at the time of nomination; must not receive money or assistance from foreign sources whatsoever; and fulfill the necessary educational and other qualifications prescribed in the Electoral Laws.
Persons are disqualified from holding an elective office if they marry a non-citizen; have been terminated from public service; have been convicted for any criminal offense and sentenced to imprisonment; are in arrears of taxes or other dues to the Government; have failed to lodge accounts of election expenses within the time and in the manner required by law without good reason or justification; holds any office of profit under the Government, public companies, or corporations as prescribed in the Electoral Laws; or is disqualified under any law made by Parliament. Disqualifications are adjudicated by the High Court on an election petition filed pursuant to law made by Parliament.



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