Power, Jurisdiction and Composition of the
Tibetan Supreme Justice Commission

Power:

Tibetan Supreme Justice Commission is the supreme or ultimate commission of justice for the Tibetan people in exile. In accordance with the Charter for the Tibetans in exile and the laws enacted by the Tibetan Parliament-in-Exile, it is empowered to make judicial codes, procedural rules as well as other regulations, and implement them after having taken approval from His Holiness the Dalai Lama.

Tibetan Supreme Justice Commission is also empowered to establish any subordinate Justice Commissions, or to dissolve any of them already in existence. It is further empowered to provide guidance to, and supervise, the works of the entire subordinate Justice Commissions.

While in exile, we are bound by the laws of the respective host countries we live in. Hence barring criminal and title suits, as well as other matters opposed to by the law of the host country, the Tibetan Supreme Justice Commission may take up the following cases:

1. Disputes relating to the interpretation of the Charter for the Tibetans in exile, laws, ordinances, executive orders, rules and regulations.
2. Disputes relating to the conduct of the officials serving in the various functionaries of the CTA and the redressal of grievances of the CTA officials.
3. Disputes relating to the land and property managed by the CTA in various Tibetan settlements.
4. Cases involving the social welfare, or security, of the Tibetan exile community.
5. Tibetan Supreme Justice Commission may either directly, or through its Local Justice Commissions, take up, and adjudicate on, any other matters that are not opposed to by the law of the host country.
6. Tibetan Supreme Justice Commission has the power to issue directives for safeguarding the fundamental rights and duties of the exiled Tibetans whenever necessary.
7. Whenever His Holiness the Dalai Lama consults the Tibetan Supreme Justice Commission on matters relating to the interpretation of the Charter for the Tibetans in exile, on any issues of law or facts, and on the questions of legal ambiguities, it has the duty to submit legal opinions to the former.

Jurisdiction:

• Exclusive Jurisdiction: Cases falling under this jurisdiction are to be filed only before the Tibetan Supreme Justice Commission.
• Concurrent Jurisdiction: Under special circumstances, the Tibetan Supreme Justice Commission may also take up cases originally falling under the jurisdiction of the Local Justice Commissions.
• Appellate Jurisdiction:
  1. An appeal may be filed before the Tibetan Supreme Justice Commission on a final judgement passed by any Circuit Justice Commissions, or incase of the absence of Circuit Justice Commissions, by any Local Justice Commissions.
  2. An appeal on a final judgement passed by any Circuit Justice Commissions, or an appeal to which an order of dismissal has been issued, may be filed before the Tibetan Supreme Justice Commission.
• Special Leave Petition: Special leave petitions can be submitted to the Tibetan Supreme Justice Commission, as provided in the laws, rules and regulations.
• Advisory Jurisdiction: The Tibetan Supreme Justice Commission offers legal opinions as and when referred to by His Holiness the Dalai Lama on matters relating to the interpretation of the Charter for the Tibetans in exile, on any issues of law or facts, and on the questions of legal ambiguities.

Composition:

The Chief Justice Commissioner, the Speaker and Deputy Speaker of the Tibetan Parliament-in-Exile and the Kalon Tripa collectively constitute a three or five member Selection Committee, which will recommend a list of not less than two candidates for each of the posts of the Chief Justice Commissioner and the two other Justice Commissioners to be nominated by His Holiness the Dalai Lama. If the nominated candidates are supported by two-thirds majority of the members of the Tibetan Parliament-in-Exile, then His Holiness the Dalai Lama, by virtue of being the head of state, makes their formal appointments.