For a country emerging from protectorate status during colonial times, and struggling to emerge from under the shadow of India in the modern era, what Bhutan had lacked was a constitution that set its polity under the rule of law, rather than the benevolence of its ruler. While the current Druk gyalpo, King Jigme Singye Wangchuk, is widely acknowledged as a modernizing force, the lack of codification of the very institution of state has always made Bhutan vulnerable to the vagaries of internal and external evolution.
The release of a draft constitution on 26 March 2005 therefore marks an important political milestone. The document, prepared by a 39-member committee over the past three years, is to be discussed in the Tshongdu (National Assembly), in local bodies, and among common citizens, before being put up for approval in a referendum. The concise constitution envisages a "democratic constitutional monarchy" in Bhutan. Declaring Bhutan to be a sovereign kingdom with sovereign power vested in the people, the draft delineates the role of monarchy, stipulates fundamental rights and duties, provides for a two-party parliamentary system and outlines provisions concerning citizenship.
The constitution has been drafted at the initiative of King Jigme, who has emphasised that with the country enjoying peace, stability and security, this this was the best time for transition to a democracy. The constitutional initiative also comes at a time when forces of modernisation are making swift inroads in Bhutanese society. While the draft constitution seeks to establish a liberal political order in Bhutan, there is scepticism about provisions that do not conform to democratic norms. Furthermore, the manner in which the constitution will be implemented under Bhutanese social conditions, as well as how it will be interpreted and upheld by the Supreme Court, are matters of concern.
Towards a new polity