DAWA ZANGMO | Thimphu
The National Council (NC) has deferred a decision on a proposed amendment to the Jabmi Act after members expressed differing views on a provision relating to pro bono legal services during deliberations on the Jabmi (Amendment) Bill 2026 on June 11.
The debate centered on a recommendation by the NC’s Legislative Committee to replace the term “indigent persons” with “accused” in a provision governing access to free legal representation.
According to the committee, the amendment is intended to guarantee legal representation for accused persons regardless of their financial or social circumstances.
Under the existing Jabmi Act 2016, one of the functions of the Jabmi Tshogdey is to provide pro bono legal services to indigent persons, in addition to support funded by the state. Individuals seeking such assistance are currently required to demonstrate that they are unable to afford legal representation before becoming eligible for the service.
The proposed amendment would remove the requirement for individuals to establish indigent status before receiving legal assistance.
The Legislative Committee said the recommendation is based on provisions already contained in Bhutanese law. According to the committee, the Evidence Act of Bhutan guarantees the right to legal representation for any accused person. Where an accused individual is unable to afford a Jabmi, the state is required to provide one.
Presenting the committee’s position, Legislative Committee member and National Council from Paro, Ugyen Tshering said the law obligates the state to provide legal representation to accused persons irrespective of their financial standing.
“The accused, regardless of their social standing or status, must be provided with a Jabmi as required by law. There is no need for a merit or indecency test. Whether a person is rich or poor does not matter; the government is obligated to provide legal representation through a Jabmi as mandated in the law,” he said.
According to the committee, replacing the term “indigent persons” with “accused” would align the provision with existing legal guarantees and ensure that access to a Jabmi is not conditioned on a person’s economic status.
However, several council members questioned the need for the amendment and raised concerns over its implications.
Pema Tashi, National Council member from Sarpang, argued that the current provision is already consistent with both the Constitution and the Civil and Criminal Procedure Code of Bhutan (CCPC). He maintained that retaining the existing wording would avoid unnecessary complications.
“The existing Act is in harmony with the Constitution and the Civil and Criminal Procedure Code of Bhutan (CCPC). Therefore, if we retain the existing provision as it is, I see only benefits and no further issues. I would like to request that the existing provision be maintained,” he said.
Other members expressed concern that the proposed wording could narrow the scope of legal aid and potentially overlook the interests of victims.
National Council member from Bumthang, Kencho Tshering, questioned whether limiting the provision to accused persons was consistent with constitutional principles on access to justice.
“I see the provision bypassing the Constitution. Article 9 (6) states that the State shall endeavour to provide legal aid to secure justice, which shall not be denied to any person by reason of economic or other disabilities. However, the committee’s amendment, narrowing it to only the accused, is not fair for the victim,” he said.
The discussion revealed differing interpretations of the legal framework governing access to legal assistance. While the Legislative Committee argued that the amendment would strengthen protections for accused persons by removing the requirement to prove financial hardship, some members maintained that the current provision already fulfills constitutional requirements and provides broader access to legal aid.
Questions were also raised about whether the proposed wording could unintentionally exclude other individuals who may require legal assistance but are not classified as accused persons. Members sought further clarification on how the amendment would interact with existing constitutional and statutory provisions relating to legal aid and access to justice.
As the debate continued, several members indicated uncertainty over the practical and legal implications of the proposed change. In light of the differing views and the need for further clarification, the House decided to revisit the provision during an internal meeting before reaching a final decision.
The Jabmi (Amendment) Bill 2026 is currently under consideration by the National Council and is scheduled for adoption next week.
The proposed legislation seeks to amend provisions of the Jabmi Act, which governs the legal profession and the provision of legal services in Bhutan. Among the issues under discussion is the framework for pro bono legal assistance and the role of the Jabmi Tshogdey in ensuring access to legal representation.
The outcome of the Council’s further deliberations will determine whether the existing requirement for indigent status is retained or replaced with the broader reference to accused persons, as recommended by the Legislative Committee.
