Chief Justice Sonam Norbu Dagpo (center), Justice Karma Damdul (left), and Justice Tenzin Lungtok pose for a photo before announcing the resumption of their duties after a two-month hiatus due to the Tibetan Parliament-in-exile unlawfully expelled them in March, at the Tibetan Supreme Justice Commission, Dharamshala, India, on 24 May 2021. Tibetan Supreme Justice Commission
By Lobsang Wangyal
McLEOD GANJ, India, 24 May 2021
Chief Justice Sonam Norbu Dagpo and the two Justice Commissioners Karma Damdul and Tenzin Lungtok of the Tibetan Supreme Justice Commission announced resumption of their duties from today after a two-month hiatus.
The Tibetan Parliament-in-exile, citing Article 58 of the exile Tibetan Charter, had terminated them from their posts on charges of interfering in the business of the House.
Later it came to light that the termination had violated Article 54 of the Charter, as due process was not followed. By this Article, for the termination of the justices, a parliamentary committee should have been formed, and their report submitted to the Parliament for discussion. This was never done.
However, just a few hours after the justices’ announcement, the Standing Committee of the Parliament criticised the justices for resuming their duties, saying the act would be in defiance of the Tibetan Charter. They didn’t give any reference to which Article the commissioners are violating. They further said that they will not follow up on the issue of the decision that terminated the three commissioners.
In reading the press statement online, Chief Justice Sonam Norbu Dagpo said that the three justices had temporarily halted their duties, recusing themselves because of conflict of interest, and have now decided to resume their duties considering various factors.
They had been urged to do so by thousands of people as well as the former Chief Justice and justices, former Kalon Tripas (post now known as Sikyong), and former ministers, former parliamentarians, former CTA staff, former NGO leaders, and various organisations.
A signed letter from 21 members of the Parliament was sent to the justices, admitting violation of the Charter in taking the 25 March decision terminating the justices. All 21 members have expressed their support for withdrawal of the unlawful decision, and assured the justices of their support in rejoining their duties.
“We resumed our duties to support continuation of the exile administration, save the democratic system, uphold the exile Tibetan Charter, protect the three pillars of Tibetan democracy, maintain peace and harmony in the Tibetan community, and particularly to prevent causing concern to His Holiness the Dalai Lama and to avoid anguish among the Tibetans in Tibet.” Dagpo said in the statement.
He said that the resolution of their termination doesn’t hold legitimacy as it now lacked the required support of 2/3 of the members, and doesn’t see any basis to recuse themselves any longer.
Attempts to hold an extra session by the Parliament on the 24th of this month to resolve the crisis didn’t go through due to lack of quorum of 30 members out of 45, as 22 members have sent in their application to not attend the session. The session would have been another breach of the Charter, violating Articles 6 and 41.
With no Parliament session, there’s no way to officially withdraw the termination decision, as well as to amend the Charter to find a way to administer oath to the new Sikyong and the 17th Parliament.
Seeing no options, the Standing Committee had decided to consult the Dalai Lama in accordance with Article 1 of the Charter. In their public announcement, the Standing Committee has withdrawn that decision to approach the Dalai Lama.
However, without the Chief Justice and the two justices resuming their duties, the Tibetan administration would be without the full three pillars of democracy. The new Sikyong Penpa Tsering has to be administered oath of office by the Chief Justice on a date decided by him. Incumbent Sikyong Lobsang Sangay ends his term in two days on the 26th, and the 16th Parliament completes its term on the 29th of this month.
Three Tibetan TJC did the right thing to save other two pillars of democracy. Our democracy is in progress and some people try to test our democracy, they failed. People have power and they demand good things from our elected representative. These elected representatives should perform their duties for the benefit of people and country. They never should work on their personal benefit agenda. Previous Sikyong and his comrades did the same thing, do remember there is always a law of Karma. We now request our newly elected Sikyong, his Kashag and Chithues should work together, which will produce more effective results. Best Wishes to our New Sikyong, his cabinet and Chithues. Thanks.
Happy ending like Bollywood movies. I can sell this story to Bollywood producers but the problem is there are some monks who have done the villain’s role here which will bring shame to our Buddhist Sanga.
I would congratulate all the honorable members of TJC for the resumption of their duties as per the wishes and aspirations our people. This is a right decision taken by the honorable members of TJC, in the best interest of our people. I salute their dignified and exemplary conduct of their duties at such difficult time like this.
We are very happy and satisfied with the situation now. It is the victory for the collective wisdom of our people and the united stand of three regions of Tibet.
Kee Kee SO SO Lha Gyalo!
The World is watching how Tibetans manage the democratic system based on the rule of law which has been gifted to them by His Holiness.
The representatives of the Tibetan people have a sacred duty to conduct themselves responsibly not only by the letter but also in spirit of protecting and preserving the genuine Tibetan image of struggling for the cause of Truth and Justice.
Rather than indulging in petty squabbles and short sighted infighting they need to rise above and work together showing the World that the Tibetan struggle is not for Power or Vested interests but for the resolution of the larger Tibetan issue.
The Justices uninformed of a deadly virus ravaging the entire planet laid the groundwork for this comedy fest.
The melodramatic opera performed by the Parliament in response was equally galling.
The condescension of Samdhong Rinpoche is fitting.
And finally the Justices reinstating themselves ????
you forgot the main player soon-to-be former Sikyong sangay who wanted to pull a trump on tibetan democracy and failed miserably. What a sad way to go!
Someone has aptly said that nothing’s right when things doesn’t go your way. Article 5 is the clear answer for the three judges resuming their duties. The parliament has infringed Article 54 in expelling the three judges. Article 58 was misinterpreted in bringing the impeachment resolution.
After it was realised that the decision had violated the Charter, 21 members of the parliament had expressed their support for withdrawing the unconstitutional decision and the reinstatement of the three judges. The Standing Committee has the signed letter of the 21 members.
Here’s Article 5: The extent of the Charter’s validation:
1) Any laws, executive orders and regulations that are in violation of any of the provisions of this Charter shall be deemed invalid.
The three judges’ re-entry was based on the Article 5, as this Article has invalidated the impeachment resolution introduced via document no 39 on 25 March.
What could still be not clear? I know no explanation will go in your head. It’s ok to agree to disagree, but disagreeing to the facts is a sign of ego problem, or you are having dissonance experience.
This is a toddler’s game of truth in our Central Tibetan Administration system since beginning of Gangkyi civilization. This civilization is affected by two factors, lack of patriotic/educated administrators and dishonest conduct by those in power. When exile Tibetans unearthed the web of corruption in our system it would be too late. Right now, we are stigmatized by our blind faith and shrouded in layers of ignorance. The present system is a way of our life in our community and are immune to muzzy charm.
Can we also request the return of Phayul forum? It mysteriously disappeared many years ago. It was like the 5th pillar of democracy, the press being the 4th.
Can someone enlighten us under what article of our Charter has the commissioners been brought back?
This piece just says the wrongs have been righted by bringing back aggrieved judges. But it doesn’t highlight the legal mechanism employed for that. Charter in English i read doesn’t have any mention on how to support judges wronged illegally dismissed by Parliament.
Of course, who doesn’t want to keep cool and clever guys like Sonam Dagpo? We all do. But our Charter appears deficient and too think to govern 150k people. Actually 3 judges have wrongly suffered and we can do nothing about it. In future we revise our charter and provide for all possible contingencies.
Samdhong Rinpoche’s legal genius has been now shown to all in the market without having to say a word. And even lapdog lhasa apso like pema jungney now edging to lobsang sangay group and bringing the once God-like Lama into the milling Street of Amdo Bread vendors and cacaphonous bunch of PT vs LS power struggle, which oddly attracted the attention of Chinese govt to say “LS and PT are in open conflict… PT is a total Dalai Lama follower…PT being aggressive in personality… LS nurtured by West (Donald Trump?) And likely to fight for sikyong 2026”
From this article, the hint is that China might talk with Lobsang Sangay but not Penpa Tsering because “pt is too aggressive and totally devoted to Dalai Lama.”
In one way, it doesn’t matter how unfairly judges were dismissed. Lots of people want to take their place such as Khampa Lobsang Drakpa who wanted to be a judge since he was 10 years old. The court buildings are still there, standing proud and well-lit. The question is – can Atuk Tsetan put a Khampa or two into these chairs?
They say 1 judge should always be monk for…
Great development. Thank you to the Tibetan judges for resuming their duties.
These are the unfortunate legacy of Lobsang Sangay, his kashag, Pema Jungney, Acharya Yeshi Phuntsok and all those hardline monks involved in the coup to illegally impeach the judges. Lobsang Sangay and all these elected leaders responsible for plunging our democracy in chaos have strong fascist tendencies who has emboldened all the bad elements in our society from shugden followers, regionalist sheep, sectarian fundamentalist to anti-CTA and anti-His Holiness groups and during his tenure to sustain his power. These bad elements, which are now pervasive in positions of power to common community, only aim is to destroy Tibetan democracy, Tibetan institutions and Tibetan unity, and consistently poke at the very symbol of Tibetan identity – our root Guru His Holiness the Dalai Lama. We must be vigilant of such bad elements and stay united and stay strong.
Hoping for the sun to shine brightly on the Tibetan cause and Tibetan unity under the new leadership of Sikyong Penpa Tsering. Here’s to a new era of unity, progress and Tibetan pride!
Not to forget troublemakers Serta Tsultrim, Tenpa Yarphel, Monlam Tharchin, Katak Sonam, Atruk Tseten, Rajagiri Gowo Lobsang Phende and others ….
People have spoken! I am thrilled and beyond happy of this outcome. This was the right decision and the only decision to have reached.
Thank you to all the many brave conscientious individuals who have called for truth, voiced their concerns and took action – kudos to them. Thank you for putting your country first.
Going forward, we must never allow one or a handful of people to take over our government and cause so much dissent & harm to our government, people of Tibet, and our country. Fortunately, truth prevailed and the power of the people and many honourable former members prevented the near disaster to a complete halt. I express my gratitude for saving our democracy.
I wish to thank the three Justices for returning to their rightful seats. Most important, I would like to wish Tashi Delek to Sikyong Penpa Tsering la & his new Administration all the best and every success in governing and leading our country. You have my prayers and support.
Thank you 3 Judges for resuming your duty to protect our democracy. Thank you to every sensible and responsible Tibetans globally for doing your duty by raising your voice to protect the Constitution. Thank you Tibet Sun for the great work for the cause of Tibetan Democracy. Thank you all for not giving problem to His Holiness and resolving crisis by taking duty as per our Charter and thereby protect our three pillars of democracy. This is a victory for our Democracy. But this Standing Committee is still up to same old game. They did not accept their mistake but still critical of TSJC. Public has to know that there 2/3rd majority vote was illegal and unconstitutional. They broke the law. What are they going to inform His Holiness? Now they will not follow up and discuss that illegal resolution. Of course not. But law will not keep silent. Our Constitution will speak for you guys. We know and you know that those who are re-elected in Chithue amongst 31 will loose your post and will be revealed to the public. You can no longer hide with the name of Standing Committee members. You guys don’t represent the entire Tibetan Parliament. Better resign in advance. Don’t try to use the Chithue office name for your safety net. We know all your tricks. Study Tibetan Charter before you guys do anything okay and learn how to respect the robes of Lord Buddha.
Justices were expelled under A58. However now it says duties have resumed after it was found that parliament violated charter by failure to form a commission.
However there’s one legal issue here. Under what article of the charter were judges reinstated? What are the protocol and procedure for reinstatement of the judges wrongly dismissed? You cannot say these judges were unfairly dismissed, so we put them back on the chairs. Putting judges back into their seats needs to follow procedures enshrined in the charter.
Now it looks like putting the judges back is as unceremoniously and unconstitutional as the putting them away. The loophole in our charter is this – there’s no legal process to bring back the fired judges. And judges themselves weathered their own position by tendering their resignation instead of fighting for justice. Now have those judges unresolved after resigning?
Whoever put them back without citing under what article of the Charter have breached charter. Moreover, the three judges have suffered because Samdhong Rinpoche failed to draft a fool-proof charter like India. Judges are expected to suffer loss without their own fault because of the badly written charter. It is Samdhong Rinpoche’s fault.
Our charter is not even based on Indian or American constitution. So the talk about rules of judge dismissal in India or USA or other countries does not apply to us. However, we can change our charter and formally adopt Indian constitution as a reference text for our Charter. If that is done, then we can argue using Indian law. However, you can’t use examples from Indian constitution say India doesn’t expel judges like we do. We are different.
Moving forward, the question for us is – shall we formally adopt Indian constitution as a…
Just refer Article 5 of Tibetan Charter you will get your answer.
Any systematic politico-legal code like a constitutional charter makes provisions for all contingencies that may occur within the remit of the laws it has laid down, it cannot answer for a situation when its own instituting premises have been violated.
Secondly, no charter is foolproof, that’s why there is a thing called amendments, and all countries around the world make such amendments as and when situations change. Indian charter has a long list of amendments some rivalling the length of the actual articles. Sorry but LOL.
Thirdly, the privileges afforded to Indian judges have been discussed only tangentially in the context of global practices for protection of judiciary, but the dismissal of the Tibetan judges has been condemned SOLELY on the basis that the procedure clearly specified in the Tibetan charter was not followed.
Fourthly, withdrawal of the parliament’s decision is enough to rescind the dismissal. Codifying a legal instrument for reinstatement makes NO sense as it would actually contradict the legal right of the parliament to hold the judiciary accountable in the right manner for a just cause. Wasn’t this what your ilk were originally championing, the sovereign right of the legislature against the tyranny of the judiciary, LOL again.
Muddying the waters in such a clear cut case is fooling nobody especially when you don’t even have the tact to maintain a flimsy façade of objective critique for long and your bile against SR overpowers your already weak and disingenuous arguments.
@We the People,
You forgot to name the BHAGODA (deserter) who failed in their duty to come to the service to protect democracy. I mean Jamyang Norbu and his ilks of “Waiting for Mangtso”.
Their absentee is most deafening. Did they forfeit their right to speak on democracy, by being most notable “bhagoda” when they should be speaking?
Dhondup Lhadar and the type who made a great deal about CTA’s name change before was in openly supporting the parliamentary coup against the Justice commissioners.
Tenzin Tsundue was seen sharing Chithue Serta Tsultrim’s (one of the standing committee members) long video explanation about the coup.
Chithue Dorje Tseten in fact spoke in support of impeachment resolution in the parliament.
Jamyang Norbu was badly bitten by Lobsang Sangay’s volte face. JN changed his critical tune of LS to singing praises within few days after LS told Gyari to “fix him”. Since LS and Kaydor left Gyari in the cold and dry with their betrayal, JN’s changing tune in the public has made him lose all credibility to speak on any issue hereon.
Lhagyari Namgyal Dolkar is also seen sharing Pema Jungney’s explanatory video and her mom Lhagyari Phuntsok Dolkar is very actively supporting all the groups and individuals on the social media supporting the unconstitutional dismissal of Tibetan judges.
These are the status of our so-called woke Tibetans who have absolutely no sense of right and wrong. Aren’t we supposed to be fighting for independence or autonomy from based on truth, justice and fairness? What can we ask from China what we don’t practice within ourselves. A bunch of self-serving hypocrites!
Tashi Delek to Honorable Sonam Norbu Dagpo la and two other justices.
Stand tall and protect Tibetan democracy, our nation in exile.
Tibetan people should know that the real villain is Sikyong Lobsang Sangay.
His instruments are : Khampa and Choelug Chithues in Standing Committee.
Willing useful idiots are: hurt egoists Pema Jungney and Acharya Yeshi Phunstok.
Political Vultures hoping for Justice posts are: Karma Yeshi and Choekyong Wangchuk.
Cheer leaders of this destructive drama are: Pema Choejor, Jadur Sangpo, and Tsering Phunstok, the monk Kasur.
Protector deity of Tibetan Charter and democracy came in the form of Katri Samdhong Rinpoche.
Real heroes are our masses, we the people.
Former Justices, former Kalons, former CTA officials also reported to call of duty honorable.
Loser is China and its agents. Fill in the blanks…
People looking for jobs are…
Exposed: Pema Jungney as pseudo expert on Tibetan charter.
Public Request: Please, do not EVER invite people like Sikyong Lobsang Sangay and Tsoksur Pema Jungney as “experts” to lecture or provide training workshops for, not only our new Chithues, but even our students in schools.
Instead get Prof Samdhong Rinpoche or Chief Justice Commissioner Dagpo Sonam Norbu or former Justice Ngawang Rabgyal or our own Lobsang Wangyal of Tibet Sun.
Finally, kudos to Tibet Sun for being the guardian of Tibetan democracy and shining (Tibet Sun) light on this dark conspiracy to undermine our institution from within. Bodh Gyalpo! Lha-Gyalo !!
You all did good work a last and I congratulate you all for that.
Time has come to work together pin-pointedly with dedication to negotiate with PRC. Now it is the time. Good Luck!
Soenam Jamyangling