In His Majesty’s Royal Address on the 117th National Day, His Majesty unveiled the “Diamond Strategy,” which outlines the pursuit of “One Country, Two Systems” by establishing the Gelephu Mindfulness City (GMC) as a Special Administrative Region (SAR). However, His Majesty made it clear that the goal is convergence into “One Country, One System,” where innovations from GMC are mirrored across Bhutan. This ambitious vision demands parallel reforms in democracy, bureaucracy, education, and the legal system to empower the nation.
Since the announcement of the Diamond Strategy, the Executive Branch has taken proactive steps, initiating numerous meetings and brainstorming sessions to align their efforts with this vision. However, the justice sector, including the Judiciary, has not announced any such proactive response to His Majesty’s Royal Address. Time is of the essence, and the Judiciary must act swiftly to ensure that Bhutan’s legal framework evolves in tandem with the broader reforms envisioned by His Majesty.
Bhutan’s current legal system, while committed to justice, remains underdeveloped compared to the sophisticated frameworks of the Abu Dhabi Global Market (ADGM) and Singapore’s common law system, which will form the foundation of GMC’s governance. One of the most pressing limitations is the need for radical transformation in judgment drafting. Unlike common law judges, who provide detailed judicial opinions and rely on precedents to ensure consistency, our courts often deliver rulings based on literal interpretations of statutes, with limited judicial reasoning. The lack of publicly available decisions further undermines the transparency and predictability of the legal system—key factors for fostering investor confidence and economic growth.
To align with the Diamond Strategy, the Judiciary must transform judgment drafting by delivering comprehensive opinions, including dissenting views, to set precedents and expand jurisprudence. Making judicial decisions publicly available will enhance transparency, while encouraging lawyers to cite common law decisions as persuasive arguments will align legal reasoning with GMC. These steps will not only improve the quality of judicial decisions but also build a robust legal framework that matches GMC’s standards within the 40-year convergence period, fostering predictability and investor confidence.
Practical measures are equally essential. Judges should be permitted to undertake internships in GMC, similar program to common law jurisdictions to gain firsthand experience with its advanced legal framework. Similarly, Bhutanese lawyers must upgrade their knowledge and pass the GMC Bar Council Exams. This will ensure that legal professionals across the country are equipped to handle complex cases and contribute to the seamless integration of legal expertise. Such initiatives will bridge the gap between Bhutan’s current legal system and the advanced framework of GMC, ensuring that the nation’s legal evolution keeps pace with its economic aspirations.
His Majesty’s vision for GMC reflects Bhutan’s commitment to sustainable development and global integration. To fully realise this, the Judiciary and justice sector must act decisively and swiftly. With determination, innovation, and His Majesty’s unwavering guidance, Bhutan can achieve its aspirations, setting a transformative new standard for legal and economic development, despite the demanding journey ahead.
The time for action is now. The Judiciary and justice sector must immediately initiate concrete and radical strategies to align with the Diamond Strategy. This includes embracing technological advancements, modernising Alternative Dispute Resolution (ADR) mechanisms, and fostering partnerships with international legal institutions to enhance transparency, efficiency, and accessibility. With such immediate and proactive steps, Bhutan’s legal system will not only support the success of GMC and achieve the visions of His Majesty.
Sonam Tshering
Lawyer, Thimphu
Disclaimer: The views expressed in this article are author’s own