The Royal Commission’s recommendation is urgent, but can’t be rushed

25 November, 2009 - The members of the newly formed Royal Commission met for the fourth time yesterday to accelerate the search for Bhutan’s first Chief Justice of the Supreme Court.

The six commission members, who were appointed on November 20, are doing extensive research on existing laws and framing guidelines and criteria to nominate the Chief Justice, said a commission member. “We’re also trying to figure out what an eminent jurist means because, as per the Constitution, the Chief Justice should be appointed among the drangpons of the Supreme Court or from among eminent jurists.”

The definition of eminent jurists differs from a country to country, but legal professionals in Bhutan say that an eminent jurist is a distinguished person, who has the knowledge of the theoretical aspects of law or a professional, who studies, develops, makes contributions or deals with the law.

Chief election commissioner Dasho Kunzang Wangdi, chairperson of anti-corruption comission Dasho Neten Zangmo, auditor general Ugyen Chewang, attorney general Rinzin Penjor, drangpon Tshering Wangchuk and chairman of the legislative committee MP Ugyen Wangdi will have to recommend to the Druk Gyalpo, at the earliest, a person to assume the post of the Chief Justice.

“The recommendation is urgent, but it’s a huge task that can’t be rushed. The decision is going to be a precedent in future,” said a commission member.

There is, however, a widespread speculation, especially among the educated lot, on the internet fora over who should be the Chief Justice.

A mix of former ministers, high court chief justice, drangpons and few senior civil servants are among the speculated candidates. Lyonpo Sonam Tobgye and Lyonpo Kinzang Dorji have been more frequently mentioned. There are also those who said that most of the probable candidates have been eliminated from the list of possible Chief Justice by making them the royal commission members.

“People are interested as well as concerned and they should be. It’s an important position,” said a corporate employee. “When we talk about the independence of the judiciary, it has to do with the people who man the judiciary.”

Legal professionals told Kuensel that the Chief Justice of the Supreme Court would uphold the provisions of the Constitution and lead the collegiums of judges to administer justice fairly and independently. “We’d want a Chief Justice, who has a proven record of integrity and knowledge and has the trust and confidence of the people,” said a lawyer. “The Chief Justice should be a professional, who knows the relationship between democratic principles and constitutional values.”

On the other hand, a civil servant said that the Chief Justice need not necessarily have a legal background or a law degree, but he or she has to be a prominent figure with leadership qualities to steer the judiciary and protect his own freedom. “The Chief Justice should be someone with a sharp, independent mind and not a puppet,” he said.

The Chief Justice of Bhutan will serve a term of five years or until the age of 65, whichever occurs earlier. After appointing the Chief Justice, he or she will chair the national judicial commission and establish the first supreme court of Bhutan, the highest appellate authority. The Supreme Court is also the final authority in the interpretation of Constitutional provisions.

Observers reason that appropriate commission members were appointed for the task and they should scrutinise the possible candidates. “The ACC chairperson, for instance, should ensure that this Chief Justice is not corrupt, the auditor general should know if the person has misused public resources, the chief election commissioner should inform other members if the candidate is involved in party politics,” said a senior civil servant. “We expect the commission to recommend the best candidate, although the current pool of candidates seem small.”

The commission is going to recommend a name within a week or two. Whose name will it be?