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Sunday 12 July 2009

Independence of Judiciary: A seperation from RCSC Necessary

Article 21(1) of the Constitution of Kingdom of Bhutan clearly states that "The Judiciary shall safeguard, uphold, and administer Justice fairly and independently without fear, favour, or undue delay in accordance with the Rule of Law to inspire trust and confidence and to enhance access to justice". But the recent resolution by the National Assembly on the civil service rules is something that will definitely affect the judicial process in terms of independence from the legislative influence. Once the terms of the judicial services such as promotion and recruitment will be governed by the RCSC, there will be a lot of indirect terms dictated by the RCSC in the judicial affairs. The commissioners to the RCSC is nominated by the ruling party ca take a lot of manipulation which can come to affect the interpretations of the civil service rules. In this manner, the very principle of independence of the three arms of the government will not be able to maintain. Therefore, many problems related to pure justice and independence is expected to be questionable in future. It also undermines the very existence of Judicial Commission established which is responsible for the appointment and promotion of the judicial persons in the country. Similar effect is e3xpected in all other constitutional bodies in the kingdom. it is high time for the government to rethink once for their decisions and its consequences.

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