Staff Reporter
Members of the National Assembly (NA) will be discussing the Parliamentary Entitlements (Amendment) Bill of Bhutan 2024, at a later date, following introduction of the Bill in the House and subsequent support from all members. Chairperson of the NA’s legislative committee, NA member Kuenga, informed the House about various reasons that merit the discussion.
According to the committee, the Parliamentary Entitlements Act of Bhutan 2008 was enacted at a pivotal moment in Bhutan’s political evolution, aligning with the country’s transition to a democratic constitutional monarchy. “This Act laid the groundwork for the new form of government, facilitating the election of the first, second, third, and fourth members of Parliament. Notably, the Act was amended in 2014 to refine its provisions and address emerging needs, enhancing the framework to support the country’s evolving political landscape.”
It underlines that all legislative powers “are vested in the Parliament, which comprises the Druk Gyalpo, the National Council, and the National Assembly” and that the Act “aligns with the constitutional vision of creating a responsive and effective legislative body.” “It ensures that members of Parliament can safeguard the nation’s interests and fulfill the aspirations of the Bhutanese people by serving them while adhering to ethical standards and performing their constitutional and legislative duties with competence, integrity, and fidelity.”
Highlighting the importance of the Act, the Committee has mentioned that the continued existence of the Act is essential for maintaining the integrity of parliamentary processes and ensuring the fair and equitable distribution of entitlements among members of Parliament, thereby reinforcing democratic principles. “By upholding these principles, the Act promotes transparency, accountability, and the efficient functioning of Parliament. Therefore, the intent behind proposing the amendment is based on this premise: strengthening this Act is vital to safeguard Bhutan’s democratic institutions and provide the legal framework necessary for the legislative body to operate effectively in the future.”
Moving further, it has been stated that in recent years, a significant concern has arisen with the introduction of the Pay Structure Reform Act of Bhutan 2022 and the Pay Revision Act of Bhutan 2023, both enacted by the third Parliament. “These acts have created overlaps with the provisions of the Parliamentary Entitlements Act 2008. While these newer acts were enacted with their own distinct legislative intent, they did not supersede or repeal the provisions of the Parliamentary Entitlements Act 2008,” leading to an overlap, which has resulted in a legislative flaw, causing confusion and ambiguity regarding the applicability of the laws on parliamentary entitlements. “The coexistence of these acts has undermined the clarity and effectiveness of the parliamentary framework. As such, it is the responsibility of the Parliament to address this issue to rectify the legislative mischief and ensure a clear, unified framework for the functioning of Bhutan’s democratic institutions, allowing them to operate with clarity and efficacy and maintaining public trust in the legislative process.”
The Proposed Parliamentary Entitlements (Amendment) Bill of Bhutan, 2024 specifies that the Bill shall apply to all members of Parliament, ensuring coherence and consistency with existing laws. It repeals relevant provisions related to parliamentary entitlements in the Pay Structure Reform Act 2022 and the Pay Revision Act 2023 as a consequential amendment of the Parliamentary Entitlements (Amendment) Bill 2024. This amendment upholds a structured procedure and process for determining the salary and benefits of Members of Parliament.
