Parliament disapproves amendment on qualifications for justices at exile Tibetans’ apex court
DHARAMSALA, 30 March: The 17th Tibetan Parliament-in-Exile (TPIE) today voted against amending the provisions in the Charter of the Tibetans in Exile regarding the qualifications of the Chief Justice Commissioner and the other two Justice Commissioners of the Tibetan Supreme Justice Commission.
The bill proposing amendments to the qualifications, as mandated by the Charter of the Tibetans in Exile, failed to pass in the house after deliberations, receiving just 21 votes in favour out of the 45-member house.
Lawmakers opposing the bill largely argued that Resolution No. 39, which was passed by the parliament with the backing of more than two-thirds of the MPs to impeach the Chief Justice Commissioner and the two Justice Commissioners of the Tibetan Supreme Justice Commission, still remains in the house, and therefore they cannot support the bill.
Apart from being “a citizen of Tibet” and having “completed the age of 50 years” as mandated in Article 63 (2) a and b, the clause c states that the nominees of “the Chief Justice Commissioner and the other two Justice Commissioners of the Tibetan Supreme Justice Commission must have been a judge in any court for a continuous period of 5 years or has been an experienced advocate standing for at least 10 years.”
The Tibetan parliament adopted the Charter on 14 June 1991, which was approved by the Dalai Lama on 28 June 1991. It has been over 30 years since the charter came into force, and now the Charter needs to be amended to fill the vacant seat of the Chief Justice Commissioner.
Clause c of Article 63 (2) came into effect as the charter states that after 30 years from the coming into force of the Charter, the provisions of this sub-clause (Article 63 (2) c) regarding the appointment of the Chief Justice Commissioner and the other two Justice Commissioners need to be adhered to.
The bill seeking the postponement of the activation of Article 63 (2) c by three years was tabled in the house by the Tibetan Cabinet (Kashag) after the 10-member Standing Committee of the TPIE voted, with 4 votes in favour, 5 against, and 1 abstention, on tabling the bill in the house.
