1 TRANSLATION OF THE PROCEEDINGS AND ... - APFA News

The law pertaining to procedure is an important branch of the law. It is a san
qua non for meaningful exercise of substantive rights that deters arbitrary
decisions. It is also the soul of justice. Provisions of law relating to procedure
are included in various acts, the Thrimzhung Chhenmo of 1959, Kadyon and the
Police Act, 1980. The provisions stipulated in different acts needed to be
consolidated. Enactment of such a consolidated act will enhance the credibility
of the legal system of the country. Therefore, the National Assembly must
amend and endorse the historic procedural code, which has been envisioned by
His Majesty the King to ensure efficient judicial system. The Bill is not a mere
code that only stipulates the procedural rules to render the legal proceedings
effective. It is a reflection of the essence of justice in the country. It also reflects
the national ethos of a religious country. Major doctrines and principles of
Bhutanese culture and religion have been enshrined in it. However, the new
code does not deviate completely from the existing procedure. It is based on
Thrimzhung Chhenmo and Kadyon.
Laws are not mere heirs of the past but predictors of the future. The contents of
the code fulfill its descriptive functions that reflect the values held by society
and it serves its normative function as a tool for change of those values.
The Bill is intended to ‘maintain the quality of an unimpaired flow of heavenly
stream of Justice’ and to ensure internal harmony of the present and future
generation. As with other laws, the objective of the code is to promote virtues,
positive values and above all ensure rights. The Bill would promote the rule of
law, fair trail and due process of law.
The 1959 Thrimzhung Chhenmo ordains,
“The noble Thrimzhung clearly reflects all aspiration,
This immaculate code shines like the sun in sky.”
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