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

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The National Assembly has the full authority and mandate to amend or repeal<br />

any legislation. The Hon’ble Chief Justice has submitted the draft Bill for Civil<br />

and Criminal Procedure Code to His Majesty the King. Besides, the Lhengye<br />

Zhungtshog has also deliberated upon it very intensely and made amendments<br />

after reviewing it.<br />

Therefore, it is fitting if it were agreed that the National Assembly must have<br />

the command of His Majesty the King in amending or repealing any acts in the<br />

present session. There would not be any inconvenience either if specific<br />

command of His Majesty were sought in repealing or amending the article and<br />

their clauses.<br />

His Majesty has not expressed any impermissibility with clauses Ka to Chha of<br />

the article 1.3 when the Bill was submitted to Him. However, if yet another<br />

specific command were sought from His Majesty, it would be a very<br />

commendable decision.<br />

In support, a Royal Advisory Councillor said that if the clauses Ka to Chha were<br />

closely analyzed, they deal mostly with discretionary powers of the judges,<br />

method of adjudication and of awarding punishments. They do not conform in<br />

any way to the provision Om Ah Hung of His Majesty the King. For example,<br />

according to clause 8 of article Ga, litigants have to be awarded prison<br />

sentences in the name of His Majesty the King if they refuse to sign on the<br />

verdict. Once the Code is endorsed, it is not necessary to award punishments in<br />

the name of His Majesty. Moreover, the code clearly specifies as to how the 11<br />

different provisions of the Code will be implemented. The previous provision<br />

all deals with their implementation by the judges. Since the Code stipulates<br />

rights of not only the judges but of the litigants and Jabmi, it would be very<br />

functional once it is endorsed.<br />

229

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