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The government is committed to respecting the limits of its own powers and constitutional institutions, some of which will be difficult to achieve, said several MPs, who urged the government to take steps to honour its commitments.
Parliamentary sovereignty refers to the power of parliament, which can also be said to be legislative power. The executive branch includes the government’s executive and legislative branches, one of whose manifestations is parliament.
To do this, the legislature or parliament has the power to amend or repeal previous laws and the government has the power to introduce bills as bills in parliament for amendment and then, if the majority supports it, it can be amended.
The National Civil Service Commission (NCSC) approved the recommendations at the recently concluded National Assembly, with the government promising to make civil servants permanent contracts.
During a question-and-answer session in the National Assembly, Prime Minister Tshering Tokiel said the Public Service Commission (CSC) did not have sufficient powers to make all employees permanent and I do not see any way to do it again.
The Public Service Commission (CSC) refuses to accept a democratically elected government.
The previous Bhutan United Front (BUF) government had also appointed contractual civil servants under the Ministry of Education but refused to accept that security promises had not been implemented.
The Public Service Commission (CSC) has had many discussions with Parliament and the civil service, there are independent institutions and rules that the government must respect and honour.
Padma Dga’tshal MP Jamyang Namgyal said contractual civil servants should be made permanent. He acknowledged that there were challenges in the country but the problems needed to be solved through collaboration.
He said if civil servants were made permanent it would benefit the people rather than the government and if the bill made it difficult to provide services to the public, it would be the duty of Parliament to amend the law.
The government must exercise parliamentary power and if the bill is amended, there will be many benefits, although it is not written in the Constitution that “if you have the power to make decisions, there will be many benefits,” he said.
He said the government is formed by majority vote and the prime minister amends the law in Parliament and the government must be able to refer the Public Service Act to the House of Representatives for amendment if the bill affects the delivery of public services.
Responding to the comments in the National Assembly, the Prime Minister said if Parliament amends the bill, you have the power if you want to do something, but he said it is important to think broadly.
On the other hand, constitutional institutions are endowed with power and autonomy so that if the government wants to choose amendments based on interest, there will be a loss of consensus.
It was in the public interest for the prime minister to amend the bill, but long before he made his decision “it was important to look at it holistically,” he said.
He said if the law is not in the public interest then we should be responsible for changing it.
He, however, urged members to consider the present and the future while taking such resolutions, whether it is a constitutional body or an autonomous body to do so in the interest of the country.
Senior MPs told Quincel that when the government exercises its powers it will help deliver on the nation’s promises but there is a risk of such a system setting a bad example.
If constitutional institutions become politicized, there is a risk of undermining the future of democracy.
Ugyen Dorje
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