Election Commission of Bhutan suffers from a moral and legal ethic sub standard. Is this Corruption?

The National Council good governance committee has reported that census transfer of a serving elected officer from one constituency/geog to that of another is in breach of provisions of the Constitution and Election Act. And yet the Election Commission had had taken an extra ordinary decision to issue a specific localised order to sanctify the census transfer without requiring that individual to forfeit his elective post he still holds in the constituency that he chose to abandon.

The fundamental requirement for a Bhutanese to participate for any political/ elective post is the validity of his/her census in that particular constituency/geog which the individual desires to represent. This applies to all elective posts from that of Tsokpa, Gup to MPs. A Tsokpa must lose his right to remain in the elective post if he/ she transfers the census away from the village or villages that he/she represented. Likewise a Gup should resign from the post of Gup of that particular geog if he/she transfers the census to another geog before the completion of tenure.  Likewise a Thrompon or an MP should be required to forfeit the elective right to remain in the elected post if the census is transferred to another Thromdey or Constituency.

A Bhutanese has the right to transfer his/her census within Bhutan provided prescribed formalities are followed. That is governed by Immigration and Census rules under the Ministry of Home Affairs. Why did the Election Commission even find the necessity to issue a notification sanctifying the census transfer of serving Drametse Gup to Ngatshang geog ? The breach of law is not caused by the act of transferring one's census.  It is holding on to the elective post when the fundamental rule that requires the census of that particular post holder to be in that constituency / geog has been breached.

The question the Parliament or the Judiciary of Bhutan must decide is whether a Bhutanese can still serve in the elected post if he/ she chooses to become a foreign citizen after winning an election ? Can a King of Bhutan continue to be the King if he chooses to marry a foreigner after ascending on the Throne ? Should the Home Ministry have required the Drametse Gup to resign from his Drametse elected post  before transferring his census to another geog? Should the Election Commission of Bhutan have required the Drametse Gup to forfeit his Drametse Gup post upon transfer of his census to Ngatshang geog ? A uniform rule of law applies to all political/elective posts from prince to pauper. If a Gup is not required to respect this fundamental rule then how can the Nation expect a Minister or anyone above to adhere to the most crucial and main tenet of Election Law that mandates that only a Bhutanese not any Bhutanese but a census registered Bhutanese of that geog/ constituency has the right to represent that Geog / constituency ? The Parliament must now decide to either fully respect the prevailing provisions of the Constitution/ Election Act or amend the same. But the Constitution and Election Act of  Democracy cannot be left unattended wounded or in limbo.

Bhutan is suffering from a malaise of invented not legislated rules of engagement that distorts any and every rule in the books thus illegally creatiing special and exceptional get away routes for politically favoured candidates and groups. Political Parties/ Groups and individuals would benefit through such favoured status in the short run but in the long run the whole nation stands to lose if the Keepers of Laws of Election in a Democracy and Provisions of a Nation's Constitution are swept under the carpet for reasons of political exigencies.

It seems that the Chairman of National Council clarified the position of the his  House stating that the discussion to be held on the census transfer issue ( of a serving ) elected member was not intended to target  the particular Gup but to set a right precedent. Well I cannot say the same thing. I am not a holder of a apolitical post with a political wary mind. I hold everyone the Gup, the Election Commission, the Home Ministry, the National Council, the National Assembly and the Parliament as a whole liable for dereliction of Constitutional responsibility and duty.

Worry not for the Market for Bhutan's hydro electricity in the coming years.

It was amusing to recently read in the Bhutanese assorted media questions and doubts about India being able to buy electricity from Bhutan in the future. It seems that Indian authorities had announced that India already had electricity power surplus. And that news had spooked some Bhutanese. It revealed the shallowness of knowledge or laziness in taking the trouble to think over. Maybe the nation suffers from a tendency of jumping guns just to make news and excite readers.

India is going full swing in luring Investors to invest in Make in India projects. And projects need electricity like crops need rain. India has to tell likely Investors that there is electricity power surplus in India. So do not take politics of a Nation or a marketing strategy of a Corporation at face value.

It is possible that if India marshals all her potentials she can easily do without any electricity power import from Bhutan. In Winter Bhutan imports electricity from India not export.  And this has been going on for years. So if India so chooses to discontinue import she can do so even today. There is no need to wait for the ongoing hydro projects to complete.

In my layman knowledge, electricity can be produced from hydro,thermal and nuclear methods. Hydro energy is renewable energy whilst other two are not. It is considered to be more eco friendly in the long run and cheaper in per unit production cost.. The project gestation period is much longer though.

India has all types of production facilities: hydro, thermal and nuclear. However, what India or any other nation would prefer is hydro electricity. The disadvantage of hydro electricity is the initial damage to natural habitat and displacement of population to make way for dams and water reservoirs. For hydro projects constructed in Bhutan to meet electricity demand of India, the ill effects are contained within Bhutan. India simply buys the clean and cheap energy : the hydro electricity from Bhutan. If India can replace oil, gas, coal and nuclear energy produced electricity with import of cheap and clean hydro electricity from Bhutan, she would surely do so.

And if by some Hanuman miracle, India has adequate hydro plants to produce all her clean energy needs some centuries later, Bhutan can export to Bangladesh. And if India denies power export corridor to Bangladesh then request China to buy. Do not worry about relay towers, these will come about.

China is presently funding 46 billion American dollars in Pakistan occupied Kashmir for socio- economic uplifting of the populace there versus India committing 45 billion rupees funding towards Bhutan's 11th 5 year Plan and that involves so much procedural demands to ensure that maybe only 60% could ever be utilised during the plan period and the balance committed fund will lapse. I do not imagine China quibbling about relay tower cost or paying reasonable power purchase price to Bhutan.

The above Bangladesh and China prospect scenario is simply a humour to tickle the market sceptics in Bhutan.  India will buy what power surplus Bhutan can export. Why the fuss about something that Bhutan as yet is unable to accomplish. It may be 2030 before Bhutan can even meet the 2018 set target of 10,000 MW production.

Do not worry about future market. What is dangerously worrying is the ridiculously  huge escalation in cost of construction and prolonged time taken to complete
the on- going hydro projects. Both the costs and duration seem to be heading towards doubling of money and time. Costs may even triple.  By the time these projects are completed, the 10% interests on the 70% loan component and the principal itself would have bloated to such an extent that even after every project is streamed on line, Bhutan may be forced to raise money from different sources to meet loan repayment instalments. What was envisaged to be initially white gold bank for the nation, could lead the Kingdom to a black hole of economic liability and bondage. Bhutan better be prepared to be more honest and responsible in the implementation of the hydro projects. Presently there seems to be too much politics, extensive delays and change or faults in designs and huge cost escalations. All potential signs of economic and political disaster if not addressed and attended to by full time qualified career officers instead of part time hot shots. Good Luck in production of electricity for Market is a plenty in India.

Reading and Experiencing

Today there was a mid day surprise experience at Jigme Namgyel School, Thimphu. An early finish to my chores in the town had me arriving much before the  pickup time of my ward. But pleasantly I found that I had actually come on time to share the public reading at the school.

Jigme Namgyel has so many sections in classes VI , VII and VIII. The reading was being done by one student from each section of a class. Class VI reading was going on. The storey was about a boy called Einstein and three friends going to Arizona to find a dream catcher that entraps bad dreams on its kind of spider web like net. I kind of liked the imaginative narrative of imagining fierce dream like a tiger turning to orange kitten. The voices were sweet and the flow flawless.

Next was Class VII and the storey about a young man and his childhood friend and playmate dog called Ivan. The child had grown up to a young man of 20 years age and the dog about to breathe his last breath at age 14. In such a short passage so much varied kind and level of emotions were reflected. The mother trying to ease the pain of her son and the son confronted with the imminent approaching death of Ivan and perhaps a sense of guilt in having passed by that childhood intensity of affection between Ivan and himself but still loving the dog deeply. Then there was the feeling of rejection felt by Kate his girl friend who does not recall of ever hearing about Ivan and now all of a sudden her boy friend cancelling their movie date that they had long been planning, on the pretext of a dog called Ivan.

Next and last was class VIII the senior most.  Jigme Namgyel School has classes from PP to VIII. The school complex is quite congested with about 1300 students. But it is quite an organised world unto itself. The flow comes gradually upon a frequent visitor like me

The storey being read is on separation and tears. It is of a younger sister returning to her village home to attend to the sad affairs of managing the funeral rites for her only sister. Upon approaching the village Chorten, memories of last and only farewell scene between her and her sister floods on. She was then an innocent young girl going off to Thimphu to work as a baby sitter. Her sister had advised her to be responsible and gentle with the baby and respectful and honest with the master and mistress. An advice that helped her to chalk out a decent life of her own and now she had returned with her husband by her side to bid her sister a final goodbye and take over the responsibility of educating the young son left behind by her sister.

It was amazing to hear different age level and voice level read through the different emotion level and experience level stories. The carefree and imagination run wild joyful storey read by class six students followed by the first heart burn adolescent storey read by class seven students and finally the reality of life and its pain plus success storey of grown ups read by class eight students.

Reading in a way is also experiencing. And reading aloud to a congregation of over thousand students plus teachers and judges elevates the readers to a higher level of awareness and discipline. There is no better way to mould young hearts to learning and experiencing. Congratulations to Jigme Namgyel Teaching Faculty and all dear students. You are treading the right path in education in actively participating in the Reading Year.

Wangcha Sangey dtd 06/06/2015 Thimphu.

Should Anti Corruption Commission be totally independent ?

I wish to appeal to all stake holders and Appeal Courts that the decision of yes or no should not at all be only based on a simple fact that 52 employees left the service from ACC during its near 10 years existence.

People are not robots. Employees will leave a particular service for variety of reasons and working atmosphere is only one such reason and even then it could be to do with colleagues or bosses attitude rather than the palatability of the actual job itself. I suppose in the last 10 years even Royal Audit Authority had quite a number leaving the service. I recall DHI making a hue and cry about loosing good people as a part of a campaign to fend against Public deemed disproportionate executive level salaries at DHI.

The ACC Chief confirmed at BBS interview that among the 52, several were sent out by the Commission. They did not resign or seek transfer on their own.

There has not been a real effort to analyse the reasons the balance among the total 52 numbers who had not been pushed by the Commission to the exit door but left anyway.  Few among the 52 may have superannuated upon reaching retirement age. I have not seen one interview or written statement from any of the 52 as to the reasons for leaving ACC. But I am told of few who left for better pastures and that is natural for any employee in any organisation. If you get job especially in an international organisation or as a Superior rather than present subordinate why not.  It is in human nature to opt to fresh love, more money,more power and status or just a change over. It does not mean that the old job or love was unbearable. Also what has been the employee strength of ACC over the years. Has it increased or did it actually decrease.

It is rather disturbing when a Member of Parliament justifies independence of ACC on the floor of the Parliament just on the bare unanalysed reason of 52 employees having left ACC in the 10 years of its existence. Now if one or two of the Commissioners had resigned on grounds of working mandate inadequacy, that the Parliament should then worry about. In ACC case,  the Commissioners have near doubled their constitution mandated single term of 5 years. So they the commissioners could not have been unhappy with their power or perks and it is in their hands to make the environment comfortable for those that work under them.

ACC has the independence of investigating what it feel warrants investigation. It can demand for any information or record and have suspects suspended from service. The Commission can have OAG prosecute their Charges or even take up prosecution on its own. This is true independence.

Constitution prescribed independence cannot extend to limitless money to spend and employ whoever one chooses and pay whatever one feels like and imprison whoever is suspected. We live in a society with limited resources . There can not be too many princely authorities in a small Kingdom. Whether it is ACC, Election Commission , DHI or any other heavy weight Agencies,  there has to be a set parameter for independent powers because the rest of the nation also has a stake in the Kingdom.

The Way Forward to Justice.

Just went through new Attorney General interview with Kuensel. Glad to note a meeting of mind point. The Attorney General stated to quote," the OAG shall not seek conviction. Our pursuit will be for justice".

This satisfies my SMS sent to him when I heard of his appointment. The message dtd 22nd May was to quote ," Dear Dasho Congratulations ! May you leave a footprint of justice."

I did not get an acknowledgement of receipt of my SMS. Even if he read it, I am sure it did not influence him. But I always felt that all those involved in judicial Trial Processes be they  prosecution, defence or Court,  should uphold justice as their priority number one. I am glad that such an intent has been publicly expressed by the new Attorney General. I suppose others before him could have been also guided by such a noble principle.

I came to know Dasho Sherab Lhendup only after he became a private citizen. I first met him at the office of former Kuensel Managing Director by chance.  I liked him. I hope he will be able to fulfill the goals he had set for OAG.

I have heard MPs debate on the tenure of the Attorney General as well as opinions of individuals in the social media. I have not yet looked into the constitutional responsibility of the Attorney General and the Government of the day so no personal opinion of my own. The fact seems to be that Attorney General is chosen by the Prime Minister and therefore it is different from other constitutional Appointees.

He said in the interview that he is, " answerable to the King as well."
I suppose everyone in Bhutan is answerable to the King one way or the other. Bhutan is a living Kingdom not a museum of past royalty tradition like England or few other European nations with titular Royal State Heads.  So such a statement is kind of run of the mill applicable to every Bhutanese citizen. The telltale would be whose order is OAG suppose to take. In many Countries it is quite clear but in Bhutan the line of authority gets blurred.

In my personal view, I found the Constitution itself a contradiction in a fundamental  way.  The Constitution kind of endorses the process of democracy and almost everyone who have some authority agrees that Constitution is the Mother of Laws. In fact the Bhutanese word for Constitution ( TSA Thrim ) literally means Foundation of Laws. So it is the Mother of Laws.

However, no one can seek refuge of the Constitution through its interpretation by the Supreme Court unless the King deems the grievance of a citizen or institution warrants the Supreme Court to take up the case. This procedure is as per the Constitution. Possibly the Constitution Drafting Committee had been wary of a complete ways of Democracy and like most Bhutanese trusted the King to weigh the validity of a supposed constitutional case.

In a way,  this constitutional stricture appears to place the onus of deciding whether a case of constitutional infringement has occurred or not upon the King rather than the Supreme Court. Likewise when the Attorney General says he is answerable to the King , I just wonder where that leaves the Government of the day. OAG presently may be only taking up criminal cases forwarded by the  Police or Anti Corruption Commission but OAG is also the prosecuting arm of the Government for any legal case the Government decides to take to the Court. So how effective a Cabinet decision would be to prosecute if the Head of its legal arm is not totally under its authority ?  I suppose the Office of Attorney General like all newly instituted bodies of Democracy will  evolve as Bhutan learn the ways to give true voice to the people in general.

Appalled and Dismayed !

" They have to play with the given numbers and if somebody doesn't like it, they can leave the team " warned Bhutan's Football Head Coach a Japanese called Norio just 2 weeks before the first game of the second round of the World Cup qualification match between Bhutan and Hong kong.

The attitude of the foreign coach is horrifyingly dictatorial and professionally irresponsible. He may not possess a sentiment of Bhutanese nationalism but the Bhutanese Players do. This 29th May Kuensel issue rings forth an alarm that such obnoxious foreigners have scant regard for Bhutanese national sentiment.

I am of the sentiment that at this penultimate stage, Bhutanese Players can not desert the Team no matter how the  coach mistreats them. However, Norio the coach can disappear to nowhere position. He would be only terminating a contract.

United States playing football with FIFA President Post.

Can United States succeed in its attempt to stop Sepp Blatter from getting his 5th term as President of FIFA?

It may all depend upon the move to postphone the election which is scheduled to take place tomorrow the 29th May 2015. FIFA 2 days Meet starts today.

FIFA is said to be corrupted but United States  move to gun for the world football organisation may be linked to its hurt national ego of having lost the bid to host world cup to an Arab Country in the Middle. East.

BJP in damage control mode:

During the last few days leading up to one year Modi Government Celebration Launch, the former Prime Minister was attacked by name from turncoat former advisors who now support BJP. This is BJP second attempt to malign the former Prime Minister. And each time the Party came second best.

This morning the soft and silent former Prime Minister came out with a never before imagined counter attack on BJP Governance. BJP had managed to earn the wrath of a Political Saint if ever there can be one after Mahatma Gandhi that no other political  episode ever did in the 10 years of Dr. ManMohan Singh Prime Ministership of India.

The closest to  warning level that the good Dr. ManMohan Singh reacted before was in response to Rahul Gandhi tearing up the Ordinance Bill. And that lead to the ultimate destruction of Gandhi family Congress Party. Congress Party will not die out but Gandhi family can never again exercise absolute power after this debacle.

The BJP bigwigs spent the whole day trying to respond and explain. All efforts turned to be futile. Finally Prime Minister Modi had the astute political leadership sense to invite "Dr.ManMohan Singh Ji " to the 7CRC Prime Minister Residence to sooth over issues. BJP can attack anyone but in taking upon the citadel of India Integrity that softly cultured extremely knowledgeable former Prime Minister represent in person to the whole world was definitely ill advised.

I need to make a Prayer. Hear me O Triple Gem !

There in a darkened polluted environment of social and political aggression. A land where might is right for all the wrong reasons because strength and power rest with the mighty.

You can be innocent. You can be right. Such qualities do not fetch points in a tussle where credit is given only to the mighty. And yet in the narrowest of space and with the barest of light, by the Grace of KuenChhoSoum, it is possible to squeeze out a tiny share of justice purely upon one's moral and intellectual faith shined with a ray of courage from a presiding Judge.

I ask nothing for self for I am a convert of Your Goodness and Justice. But if You can so will it most Revered All Knowing Triple Gem, please watch over a judiciary system and fill it with light of knowledge and will of judicious responsibility.  If temporal power fail them, may ecclesiastical force protect those that dispense true justice.

Leadership Selfie or Selfless?

The Chief Minister of an Indian State Bihar Mr. Nitish Kumar labels the Leadership of Indian Prime Minister Narendra Modi as Selfie Leadership.

A Selfie leader is a person in authority who uses his or her position to promote or propagate social and political ideals for the purpose of highlighting self public image but in reality does not practise what is preached.

A selfless leader is a person in authority who uses the the national powers invested in self hands to achieve genuine national interest that protect and promote people and national welfare in general not just few selective self serving political interests deeds or magnanimity.

Modi may be a Selfless or a Selfie leader. One year is too early to make a judgement to last an age. However Nitish Kumar had hit the nail on the head in cases of many leaders from Presidents to Kings; from Prime Ministers to Dictators; from scout captains to Army Generals the ills of leaders are Selfie Leadership.