By Tenzin Dharpo
DHARAMSHALA, Sept. 28: The decision by the Tibetan Supreme Justice Commission (TSJC) to penalize the standing committee of the Tibetan parliament in Exile (TPiE) over the failure to hold the parliamentary session, has been rejected by the latter. The development adds to the ongoing impasse between the Tibetan parliament and the apex Tibetan court over the matter.
On August 17, the house Standing Committee said it has decided the postpone the 10th session of the 16th TPiE, in view of the growing danger of the Covid-19 pandemic and the inability of the MPs to attend the session due to the travel ban at the time. “We were bound to take this decision as we have to take responsibility especially when His Holiness the Dalai Lama resides here in Dharamshala . . . Even though the September session shall not be convened, matters and proceedings related to TPiE will execute without any negligence,” read the statement from last month.
On Sept. 25, the TSJC in its order said that the 11 members of the Parliament’s standing committee had “deliberately” ignored the mandate of the Charter of Tibetans in Exile, having failed to hold parliamentary session within six months from the conclusion of the last one. The apex court penalised the 11 members including the Speaker of the Tibetan parliament, stripping them of their voting rights in any CTA elections until March 11, 2021, including in the upcoming Tibetan general elections.
The TSJC said that the reasons provided by the TPiE to postpone the parliamentary session were insufficient. The apex court cited precedents set by the Indian parliament and state assemblies of Himachal Pradesh and Haryana, where norms such as social distancing and precautionary measures were practiced and sessions were held.
On Sept. 25, the same day as the court order, the TPiE in a statement rejected the decision by the TSJC. The statement said that the TSJC’s order was unconstitutional, and that it had no jurisdiction over the Tibetan parliament.
3 Responses
This parliament disqualified peoples representative from Europe for not attending. Supreme Justice has all the rights to disqualify them. China is completely destroying Tibet and our representatives are worried of themselves!!! Do your job or make way new leaders.
Standing committee members of Our parliament must accept and honor the Supreme Justice Commission verdict. Charter or the Constitution is the living reincarnation of His Holiness the Dalai Lama and will be the real reincarnation or substitute for His Holiness the Dalai Lama long after He is gone.
Supreme Justice Commission has really done its due diligence and brought a 13 page long explanation documenting the whole process of how Parliament’s standing committee members have misinterpreted the laws, intentionally or unintentionally. After reading their clarification, I think even Buddha will accept the verdict.
There comes a times in our lives when lucky ones are afforded an opportunity to choose the greater good of our society over our otherwise bad judgements. I don’t know about other rowdy Worthless Chithues including the Amdo Chithue called Lobsang Chonjor, but for Speaker Pema Jungney and Deputy Speaker Acharya Yeshi Phuntsok and former Deputy Speaker Khenpo Sonam Tenphel, the moment is NOW.
Show that you are bigger than your ultimate ego. Accept the verdict and uphold the Constitution and thereby ENTER into the annals of Tibetan History as true patriot.
Reprimand is what the Americans called slap on the wrist, it is nothing. I am pleading you all don’t take that road where future Tibetans will blame you as one who first initiated the destruction of our constitution. For us to survive as a race, this charter or constitution is our only guiding light. In real life, it is, in fact holier than all our scriptures. Please accept the SJC verdict. We pay our respect to SJC.
As I comprehend it, the Tibetan Supreme Justice Commission generally interprets the law, not make the law. Again, its understandable the parliamentarians apposed the verdict, especially, in light of mitigating circumstances . But it seems odd for TPiE to claim, “SJC’s order was unconstitutional, and that it had no jurisdiction over the Tibetan parliament.”
Are TPiE members above the Law? Or, is TPiE in the habit of interpreting laws according to whatever is expedient to them? Is this spat nothing more than wrangling over jurisdiction? TPiE seems to believe so. Maybe they even interpret case #20 rendering as nothing more than jurisdictional powerplay. If that is indeed the case, that’s a very cynical way of viewing our highest judicial organ, which in future, can only lead to more fracturing and dysfunctionality within the CTA body-politick. Work it out!!