Bhutan is a small kingdom in Himalayas, between India and China. Not many people know it exist and for a long time, Bhutanese elite were happy for being hidden/separate from the world. Darius Lee discusses Bhutan's constitution and calls it a constitutional theocracy (See
Here There be Dragons! Buddhist Constitutionalism in the Hidden Land of Bhutan). For us, it is interesting because it is another example of how national identity and religious identity gets mixed up, giving rise to religious nationalism.
Lee argues that written constitutions are meant to stop power concentration but some countries, which he calls constitutional theocracies, have mixed religion and constitutionalism and damaged the very purpose of constitutions.
The goal of constitutionalism is limited government, which is opposed to any form of absolutism, whether religious, cultural or secular. In an age of human rights, untrammeled government power is circumscribed through constitutionally entrenched fundamental rights, including religious freedom.
But constitutional theocracies turn it upside down, Lee argues, and use constitutions to legalize curtailment of religious and other freedoms. These constitutional theocracies are different from common theocracies.
Unlike a ‘pure’ theocracy, power in a constitutional theocracy is not drawn directly from divine text or a governing priesthood but lies in political figures operating within the bounds of a written constitution. Constitutional theocracies adhere to the core elements of modern constitutionalism, such as constitutional supremacy but enshrine religion as a source of public law.
The key differences between a secular state and a constitutional theocracy in terms of state structure, as identified by Lee, are given below:
Secular state Constitutional theocracy
Separation of religion and state State recognition of a particular religion as privileged
Benevolent neutrality; accommodates religion Not neutral, favors one religion over others
Religion is not a source of public law Religion is a source of public law
In terms of religious freedom, the key differences are as follows:
Secular state Constitutional theocracy
State holds no monopoly over religious belief Religion is tied with national identity
Does nothing to control religious doctrine Legal sanction for propagation of unorthodox beliefs
Accommodates practices of religious minorities Limited protection for religious minorities
Lee declares that Bhutan is a constitutional theocracy, like Iran, Pakistan and Saudi Arabia, although its 2008 constitution commits to separation of religion and politics and does not declare Buddhism as state religion. In comparison with other Buddhist-majority states, Bhutan falls between Cambodia and Sri Lanka, Thailand, Myanmar and Laos.
Although article 3(3) of Bhutan constitution prima facie supports separation of religion and politic, its justification shows that this separation is rooted in Buddhism. Article 3(3) reads:
It shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also ensuring that religion remains separate from politics in Bhutan. Religious institutions and personalities shall remain above politics.
The two reasons given for its inclusion are not related to human rights or freedoms but to Buddhism. This article was included in the constitution first, because Lord Buddha separated religion and politics and secondly, because under the first king of Bhutan, religious and political affairs were separate.
Other reasons for declaring Bhutan a constitutional theocracy are given below:
- Preamble of constitution pays homage to the three gems of Buddhism.
- King must be Buddhist, although he is declared protector of all religions (Article 3(2)).
- Article 3(6) establishes the Dratshang Lhentshog (Commission for the Monastic Affairs) and Buddhist religious bodies are funded by the state.
- Some part of the ecclesiastical structure of the Dratshang Lhentshog and the qualifications for religious office are given in the Bhutan Constitution, reflecting the privileged position of Buddhism.
- In Bhutan, Buddhism is considered a major part of Bhutanese culture and the state considers it its responsibility to defend it. For example, article 4(1) asks the state to ‘preserve, protect and promote the cultural heritage of the country, including… religion’.
- Article 9(20) of the Constitution asks the state to ‘create conditions that will enable the true and sustainable development of a good and compassionate society rooted in Buddhist ethos and universal human values.’
Using examples from penal code and other laws, Lee further demonstrates the close link between state and majority religion, negating the notion that Bhutanese state is neutral in matters of religion or that religious minorities are not discriminated.
While Lee's arguments about Bhutan not being a secular state are strong, his definition of constitutional theocracies needs more elaboration because if we define constitutional theocracies only on the basis of how much privilege the constitutional clauses grant to majority religion in these countries then many other (quite liberal and secular) countries have to be called constitutional theocracies which they are not. For example, as Lee acknowledges, many West European democracies have established churches. Their constitutions privilege majority religion. Can we call them constitutional theocracies, like Iran? I think Lee would not agree.
On the other hand, if we give importance to not only constitutions but all the other factors (like Lee does in case of Bhutan) in defining constitutional theocracies then is it right to call them constitutional theocracies?