Not above the law
11 May, 2009 – The arbitrary transfer of 12 dzongdags and the reappointment of three as directors in the ministry of home and cultural affairs by the Cabinet throw serious doubt on the government’s promise of respect for law and transparency. It is disturbing.
Surely, the Prime Minister did not mean this when he said recently that he will “breathe life into every word of the Constitution”. This should not be a conditional assurance to be honoured, and proclaimed, only when convenient.
The right procedure for the dzongdag transfers should have been by routing through the royal civil service commission (RCSC) – which receives the nominations and takes the final decision – not the Cabinet, as plainly stated in RCSC rules. The post of directors should have been announced for competitive selection, as required by RCSC regulations.
By blanketing out rules completely and taking matters into its own hands, the government is showing the public just how dimly it views rules that come in the way. And this is not the first time. The appointment of the roads director earlier, we maintain, had flouted the very spirit of RCSC rule.
The point is not whether these actions were well intentioned or not. That is not the issue. The issue is that rules have been broken. Rules are the very bedrock of our constitutional democracy.
Our leaders are elected to preserve, protect, and defend the Constitution of Bhutan and, by that standard, we believe, they should not only obey the Constitution themselves; they must hold those who violate the Constitution accountable.
There are other ramifications. Under the new system, the direct transfer and appointment of dzongdags can be construed as a misuse of power to reward political friends and punish political enemies – depending on where they are sent. This could also send the message that appointees are judged more by their politics and loyalty to the current government than by their ability to do the job. Towards this end, the draft civil service act must ensure that such transfers are not abused.
The right course of action for the government would be to recall the dzongdags and call for fresh appointments through RCSC and selections through open competition. The system responsible for these transgressions must be corrected.
Source: Kuenselonline