Judicial system too faces the challenges
Although the country have the strong judiciary system under the benevolent guidance of The His Majesty the King but still the judiciary faces lots of challenges which includes the difficulties arising from numerous amendments and enactments.
According to the Annual Report 2015 of the judiciary of the Kingdom of Bhutan states that Bhutanese have limited understanding of the operation of court systems. It states that appealing system that is statutorily designed to remedy the aggrieved litigants by higher judicial authority is often associated with frivolous complaints against the judicial personnel.
The report states that over the years, without considering different facts and the circumstances of the cases, people have started to allege a baseless, generic and stereotyped criticism.
The another challenges that have faced by the judiciary system, the report stated that today with the new concept constitutional supremacy over the parliamentary in the country, notably realized through the passing and amendment of the statutes, the court will never remain free of its responsibility of deciding whether legislation is consistent with or offends the Constitution.
With the given present practice of liberal application of the appellate system, the report states that the litigants had
and have the privilege of excessively and indifferently accessing the appellate courts. The system has let most of the cases too go for appeal and burden the appellate courts, even by accepting the appeals that are not necessary and unwarranted.
Some litigants appeal to harass the other party and use the appeal system as delay tactic especially in the monetary cases, states the report.
According to the report, maintaining its independence in this continually changing society poses another challenge.
Although judicial independence is the complete liberty of an individual judges to hear and decide the cases that come before him or her without interference but report stated that the nature of cases brought before the courts today are such that places the judiciary at the center of many debates about social change, social engineering and social values. Assuring the judges to maintain distance, but preventing their isolation from the community in which a judge lives, is a judicial challenge, especially in a small society where everybody knows everyone.
The report further added that he or she must be sensitive to the issues and concerns that come before them, to make a value- based decision which is difficult in practice.
Infrastructural development is a vital for the institution to function independently and to fulfill its constitutional mandate of ensuring access to justice. The report stated that without the adequate infrastructural, to provide access to justice is a challenge.
Although the infrastructural development by constructing new court buildings have spread across the nation, the report says that there are still some courts which includes Thimphu, Haa, Paro, Chhukha, Sarpang, Tashi Yangtse, Gasa, Weringla, Sakteng, Lingzhi and Sombaykha courts which needs proper infrastructure and facilities.