The Question
This question was posted on behalf of Dasho Kunzang Wangdi, Buthanese EMB
Bhutan is drafting an impeachment law. The Election Commission is asked to give its views on it. In order to do so I felt it would be useful to know about the laws in force in other democracies. Can anyone send or forward or suggest which country has a model one?
Summary of responses
It is noted that some central questions need to be answered when drafting any impeachment law: how is impeachment defined; who should initiate the impeachment process and the subsequent procedures; and what is the role of the EMB in an impeachment process?
The United States, Pakistan, Venezuela and Bangladesh are cited as useful examples of impeachment legislation.
It was pointed out that as Bhutan has a parliamentary system, ‘impeachment’ in this context means the removal of the government by a vote of no confidence. The rules concerning this would usually be found in the Rules of Procedure of parliament.
External Resources
• Bangladesh Parliament: Rules of Procedure of Parliament
Names of contributors
1. John Maphephe
2. Reuben Chemitei
3. Manuel Wally
4. Andrew Ellis
Not very common for the elections administrators to initiate impeachment law as the custodian for preparing the ground for good governance and democracy.
I regret you did not specify the office being impeached, whether it is a president or another high ranking office. However assuming it is a president being impeached (as usually is the case) I will give a guide ad to how to formulate the law.
First in your state you need to define impeachment. In most states presidents are impeached on grounds of office. The abuse of office involves engaging in such high crimes as bribery or treason. As a young democracy you can consider setting your own ‘high crimes’. In British colonies impeachment is commonly referred to as vote of no confidence. They however vary in terms of execution time from short notice to long process.
Secondly, define who should initiate the impeachment and the consequential procedures. In other words who takes care of the vacant office in case it falls vacant, for how long and what should happen during this period.
Last and most importantly when should an election management body (EMB) came in to conduct an election and under what modalities. A good model of the impeachment law to be consulted is Pakistanis or Unites states. They are closely related despite noticeable variability.
Other upcoming democracies like Kenya are still considering the impeachment law.
It is the Constitutional post holders including the Chief Election Commissioner.
The United States and Venezuela come to mind. While in the US, it is Congress that impeaches the President, in Venezuela, removal of the sitting President requires a certain number of voters to petition for the holding of a recall referendum. Drafters can devise of a minimum turn-out threshold. "Majority" requires a defined basis as either that of registered voters, or of that of valid (or total) votes cast. By holding the president directly accountable to the electorate and/or the legislature, such mechanism can mitigate the concentration of power in the head-of-state in presidential systems.
Can any one w forward the Laws that you may have on impeachment. Thanks.
