Chief Justice Sonam Tobgye of Bhutan

JAYNE-MAREE SEDGMAN: Chief Justice Tobgye says in the lead up to the referendum, to be held within the next two years, the King will meet with as many of the country's half-a-million residents as he can to discuss their concerns and make any necessary amendments.

Sonam Tobgye was appointed Chief Justice of Bhutan by Jigme Singye Wangchuk, the Fourth King of Bhutan, in 1991.

In an extensive interview to Frontline, Sonam Tobgye discussed at length the various provisions of the Draft Constitution, the role of the soon-to-be operational Supreme Court of Bhutan, and the judiciary, as well as the functions of the monarch in the brand new parliamentary democracy of the country.

The Chief Justice Lyonpo Sonam Tobgye said he is humbled to have been bestowed with such an honour.

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Lyonpo Sonam Tobgye said that he was profoundly moved by the honour bestowed upon him.

Lyonpo Sonam Tobgye said that the judiciary would now start deciding cases within 365 days.

Lyonpo Sonam Tobgye said that the title of Dasho became a difference between the young officers and senior officials when Late Majesty the third king conferred the equivalent title to officers in the armed force.

While His Majesty gave a broad directive, enunciating the basic and progressive democratic principles, Lyonpo Sonam Tobgye said that His Majesty was cognisant of the fact that the members of the drafting committee must be broad-based and that they must be elected so that there will be a voice of the people.

Lyonpo Sonam Tobgye said that about 100 constitutions were studied, which was scaled down to 50, in drafting the Constitution.

Lyonpo Sonam Tobgye said that, while a lot of the provisions in the Constitution were unique to Bhutan, the Constitution of Bhutan was not drafted or given under coercion or compulsion.

Pointing out some of the unique features in the Constitution, Lyonpo Sonam Tobgye said that the provision where the Druk Gyalpo has to abdicate and hand over the Throne at the age of 65 was unique.

Lyonpo Sonam Tobgye said that not many Constitutions mention “… it will not use its military force against a foreign state except in self defence, or for the purpose of maintaining its security, territorial integrity and sovereignty.

Asked if the Constitution was the culmination of the transition process, Lyonpo Sonam Tobgye said that the genetic behaviour of the Wangchuck dynasty was very democratic in nature.

Allaying fears of the people that there might be a "tyranny of the majority", Chief Justice Sonam Tobgye said the constitution has enough checks and balances to prevent a such a situation.

Tobgye said the Constitution provided a horizontal check and balance in terms of the opposition and conscience voting.

Lyonpo Sonam Tobgye was known, particularly, for memorising and hitting his audiences with an impressive archive of proverbs.

At the same time, young officials also believe that Lyonpo Sonam Tobgye is not firm enough in taking action against erring and incompetent judges, resulting in “old-timers and ineffective judges hanging on too long.

In 2001, Lyonpo Sonam Tobgye was appointed by His Majesty the Fourth Druk Gyalpo as chairman of the drafting committee to draft a Constitution of the kingdom of Bhutan.

In a candid interview with Kuensel, Lyonpo Sonam Tobgye said that the Druk Wangyal had come at a time when he was grappling with personal doubts and difficulties.

Chief Justice Sonam Tobgye said he expects every family in Bhutan to receive a copy of the constitution for discussion before a referendum is held later this year on whether to adopt it.

Chief Justice Lyonpo Sonam Tobgye said that it was a legitimate aspiration for every person to work for recognition but the Druk Wangyal “elated, inspired, and humbled” him.

The chief justice Sonam Tobgye has been criticised for making the judiciary very powerful in the draft Constitution.