Introduction of the Tibetan Judiciary System
In accordance with Article 62 of the Charter of the Tibetans in exile, the Tibetan Supreme Justice Commission (TSJC) was founded on 11 March 1992 at Dharamsala.
The TSJC is the highest judicial body of the Central Tibetan Administration (CTA) and the final appellate Justice Commission for both public and private disputes of the Tibetans in exile.
The TSJC is responsible for adjudicating all the civil disputes in Tibetan Communities. The Commission, however does not entertain any suit, if doing so is seem to be in contravention of the laws of the host countries. Similarly, the commission does not handle criminal suits, as this is the barred by the laws of the respective host government.
The Chief Justice Commissioner (CJC) is the head and responsible for the overall regulation of both the Judicial and Administrative undertakings of the TSJC.
The TSJC shall be a Justice Commission of record with all its trial proceedings recorded, whether in the form of words or in digital gadgets for perpetual memory and testimony.
Composition of the Tibetan Supreme Justice Commission
- The TSJC shall consist of a Chief Justice Commissioner and the other two Justice Commissioners, until this clause is amended by the Tibetan Parliament in exile.
- A Committee of Jurors (Sherpang) consisting of not more than three members may be established at the TSJC, if necessary.
- Whenever necessary, a separate committee of not more than nine members of Jury (Zurpang) having familiarity with the issues of the case, can be appointed, irrespective of the existence of Juror members.
Tibetan Supreme Justice Commissions’ Power and Responsibilities
1. While in exile, we must abide by the laws of the host country. As such, no legal proceedings can be entertained for criminal and property disputes before the Tibetan Justice Commissions.
The Jurisdiction of TSJC lies in the following areas;
- Any disputes arising from the interpretation of the provisions of the Charter,
- Any disputes based on the manner of discharge of official function by the executive branch of the CTA and allegations of unfairness in regard thereto,
- Any disputes related to service benefits and matters concerning the staff of the CTA and its affiliated bodies,
- Any disputes involving land and residential building arranged or allocated by the CTA or any of its affiliated bodies,
- Any disputes within the Tibetan society and disputes concerned with the social security of Tibetan society.
- Any other disputes not included in the above list as an impartial tribunal through Judicial Proceeding.
- In addition, the TSJC has the authority to conduct enquiries, provide guidance and exercise supervisory control over the functioning and administration of the subordinate Tibetan Justice Commissions.
2. TSJC shall have authority to issue appropriate orders or directions for the purpose of safeguarding the fundamental rights and freedoms of Tibetans whenever necessary.
3. Any disputes with regard to the question as to whether any laws, executive orders and regulations are in violation of any of the provisions of the Charter, the TSJC shall be the sole deciding authority.
4. The TSJC is empowered to establish new or otherwise dissolve any subordinate Justice Commissions at any level, whether permanent or temporary.
Legal Codes of Tibetan Justice Commission
In 1991, a committee was specially formed to draft legal codes. Based primarily on the relevant articles of the Charter, and without contradicting the laws of the respective host countries, the committee compiled an appropriate and suitable legal system that took into account the situation and needs of the Tibetan in exile.
After conducting research on Tibet’s traditional laws and customs, relevant countries’ historical and modern legal systems, and other related documents, the three legal codes were unanimously formulated. They are the Tibetan Judiciary Code, the Code of Civil Procedure, and the Evidence Code.
On 28 March 1996, the drafted legal codes were presented to His Holiness the 14th Dalai Lama for the final approval and followed by his endorsement.
These legal codes have been implemented since then, with necessary amendments made from time to time in accordance with the Article 67 of the Charter.
Qualification and Tenure of the Justice Commissioners of the TSJC
1. Whenever a vacancy arises for the post of the Chief Justice Commissioner and for any of the other two Justice Commissioners, a selection committee will be appointed by the Chief Justice Commissioner, Speaker, Deputy Speaker and Sikyong. If all the members fail to assemble, the present members may form the ad-hoc selection committee with 3 or 5 members who will propose a list of candidates whose number should not be less than twice the number of vacancies to be filled.
The list of nominated candidates will go to the Tibetan Parliament-in-exile for approval and those who secure the vote of simple majority in the Parliament members will be appointed as the Chief Justice Commissioner or the Justice Commissioner of the TSJC.
- A citizen of Tibet
- Must have completed the age of 50 year old
- 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. However, for a period of 40 years from the enforcement of the charter, this sub-clause (c) of the provision on appointment of the Chief Justice Commissioner and the other two Justice Commissioners need not be adhered to the Charter.
2. The Chief Justice Commissioner and the other two Justice Commissioners of the TSJC must be:
3. The Chief Justice Commissioner and other two Justice Commissioners of the TSJC may be impeach, only if a resolution passed by the 2/3rd majority of the Tibetan Parliaments. Otherwise, the Chief Justice Commissioner shall hold office for a term of five years or until he/she attains the age of sixty-five, whichever is earlier. The other two Justice Commissioners shall hold office for five years or until he/she attains the age of sixty-five, whichever is earlier. However, they are eligible to be elected as Chief Justice Commissioner before reaching the age of sixty-five.
The hierarchy of Tibetan Justice Commissions
1. Tibetan Supreme Justice Commission (TSJC)
The TSJC is an Apex Judicial body of the CTA. The administrative work of the TSJC is headed by the Chief Justice Commissioner with the assistant of a secretary general who looks after its administration and supervises the subordinate Tibetan Justice Commissions.
2. Tibetan Circuit Justice Commission (TCJC)
The Tibetan Circuit Justice Commission was formed on 28 August 2020 and is currently based in Dekyiling Tibetan Settlement, Dehradun, Uttarakhand.
The TCJC is superior to the Tibetan Local Justice Commission (TLJC) which possess both the original and appellate jurisdiction. If a concerned person is not satisfied with the judgment given by the TLJC then he/she can appeal to the TCJC to redress that particular case.
3. Tibetan Local Justice Commission (TLJC)
a) Tibetan Local Justice Commission (Northern Region)
The Tibetan Local Justice Commission (Northern Region) was established on 9 November 2001 at Dekyiling Tibetan Settlement, Dehradun, Uttarakhand.
It has a territorial jurisdiction over the 42 Tibetan settlements and Tibetans living in Northern and Eastern region of India and Nepal.
b) Tibetan Local Justice Commission (Southern Region)
The Tibetan Local Justice Commission (Southern region) was established on 1 May 2003 at Bylakuppe Tibetan Settlement, Karnataka.
It has a territorial jurisdiction over 20 Tibetan settlements and Tibetans living in Southern & Central region of India and the aboard.
c) Tibetan Local Justice Commission (Ladakh)
The Tibetan Local Justice Commission (Ladakh) was established on 25 October 2012 at Sonamling Tibetan Settlement, Leh.
It has a territorial jurisdiction over all the Sonamling Tibetan Settlement and Tibetans living in Jangthang and Jammu & Kashmir area.
The Circuit and all the three Local Justice Commissions are headed by their respective Justice Commissioner and assisted by the Secretary (trim-drung) with other subordinate staff.
Administration of the Justice Commission
The number of positions required for the management and staff sections of the Tibetan Supreme Justice Commission and its subordinate Justice Commission is discussed and determined by the council of Justice Commissioners of the TSJC and submitted to the Public Service Commission through the Cabinet (Kashag).
Secretary General (ChikhyapTrim-drung) and Staff of the TSJC
- After discussing the recruitment of secretary general (Chikhyap Trim-drung) in the council of Justice Commissioners of the TSJC, in accordance with the general regulations for Civil Servants of the CTA, the Chief Justice Commissioner, in consultation with the Kashag shall appoint the secretary through either transfer, promotion or contract.
- Staff of the TSJC and its subordinate Justice Commissions shall be appointed in accordance with the general rules for civil servants through recruitment, transfer, promotion or contract, in consultation with TSJC.
To know more, click here: trimzin.net
Note: kindly refer to the Tibetan version for final reference.
Contact:
Secretary
Tibetan Supreme Justice Commission
Central Tibetan Administration
Dharamshala – 176215
H.P. India
Tel: +91-1892-225099
E-mail: [email protected]