Tenzin Nyidon
DHARAMSHALA, Sept. 19: After several years, an important bill proposing amendments to the Charter for the appointment of judges of the apex Tibetan court, was passed with the necessary two-thirds majority in the Tibetan Parliament in Exile on Thursday, the final day of the 2024 general session. The amendments, which address the qualifications and tenure of Supreme Justice Commission judges, garnered a total of 35 votes from the parliamentarians.
Document No. 31, tabled by the Kashag (Cabinet) proposed two key changes; Adding representatives from Jonang religious sect to the parliamentary composition and revising the qualifications for the Tibetan Supreme Justice Commission. Under the current Charter, for the past 30 years (1991–2021), the appointment of the Chief Justice and two other judges has not adhered to the qualifications outlined in Article 63, Section 2(c), which stipulates that a judge must have either five years of continuous judicial experience or 10 years as an experienced advocate. The original exemption was set to expire after 30 years, but the new amendment extends this exemption for another decade, until 2031.
However, the proposal to add a Jonang representative to parliament faced a different outcome. The secret ballot, fell short of the two-thirds majority required, resulting in its rejection.
Document No. 41, tabled by the Standing Committee, proposed amendment to Article 63, Section 4 of the Charter. The amendment changed the tenure of the two additional Justice Commissioners to align with that of the Chief Justice. The revised clause now reads, ”The tenure of the other two Justice Commissioners shall continue for a term of five years or until the completion of 65 years of age, whichever is earlier.” This change introduces a five-year term limit for the two additional judges serving on the Tibetan Supreme Justice Commission.
Over the course of almost three years, through the various sessions of the 17th Tibetan Parliament-in-Exile, both the Standing Committee of the Parliament and the Kashag (Cabinet) have introduced a total of six amendment proposals concerning the qualifications of the Supreme Justice Commission judges, including the most recent one.
In recent years, concerns have grown within the Tibetan exile community regarding the inability to appoint the Chief Justice and other judges of the Tibetan Supreme Justice Commission. This inability was feared to weaken the judiciary, one of the three pillars of Tibetan democracy, and potentially result in an incomplete democratic system. In response, last September, and more recently, a group under the banner of “The Advocacy of the General Public for the Sustainability of CTA” launched a campaign. Hundreds of volunteers from Tibetan settlements and the diaspora travelled to Dharamshala to appeal for action on this matter.
After the amendments regarding the appointment of Supreme Justice Commission judges were passed, Tenzin Yangkar, President of the advocacy group, remarked, “The dedication and selflessness of the people, especially the elders, have highlighted the significance of the Charter. Without their efforts, we would have nothing. I am deeply grateful to them.” She also expressed her heartfelt thanks to all the 45 members of parliament, including the Speaker and Deputy Speaker, for their role in passing the amendments.
MP Doring Tenzin Phuntsok, addressing the press, stated, “Since the 17th Tibetan Parliament-in-Exile was formed, the issue surrounding the Tibetan Supreme Justice Commission has remained unresolved. Given the current situation, I want to extend my gratitude to the 45 MPs and the Standing Committee, acknowledging the challenges they face. Despite these efforts, differing perspectives have kept us in this deadlock. I’ve consistently said that the responsibility to resolve this matter rests with the Parliament. If you compare the discussions of the past with today’s joint participation, you’ll see a significant positive shift.”
MP Ven. Geshe Lharampa Gowo Lobsang Phende added, “For the past three years, deliberations on Charter amendments have been stalled within our democratic community. The impasse stems from the fact that the current justice of the Tibetan Supreme Justice Commission was not appointed through a democratic process, and we believe he should be removed. Our position is clear: if we can remove this justice, we can appoint new ones, and that is our goal. Five overseas MPs suggested that the current justice step down upon completing his five-year term, which is expected to happen this month. However, we stressed that the Tibetan Supreme Court cannot be left vacant, and changes must be enacted. As a result, we focused on passing two key bills to address this issue.”
