Tibet
Charter of the Tibetans-In-Exile
CHAPTER - IV
THE EXECUTIVE
Executive Power - Article 19.
The executive power of the Tibetan Administration shall be vested in His Holiness the Dalai Lama, and shall be exercised by Him, either directly or through officers subordinate to Him, in accordance with the provisions of this Charter. In particular, His Holiness the Dalai Lama shall be empowered to execute the following executive powers as the chief executive of the Tibetan government:
(a) approve and promulgate bills and regulations prescribed by the Tibetan Assembly;
(b) promulgate acts and ordinances that have the force of law;
(c) confer honors and appointments;
(d) summon, adjourn, postpone and prolong the Tibetan Assembly;
(e) send messages and addresses to the Tibetan Assembly whenever necessary;
(f) dissolve or suspend the Tibetan Assembly;
(g) dissolve the Kashag or remove a Kalon or Kalons;
(h) summon emergency and special meetings of major significance; and
(j) authorize referendums in cases involving major issues in accordance with this Charter.
The Kashag and the Chief Kalon - Article 20. Under the leadership of His Holiness the Dalai Lama, there shall be a Kashag and a Chief Kalon primarily responsible for exercising the executive powers of the Tibetan Administration.
Election of the Kalons - Article 21.
(1) The Kashag shall consist of seven Kalons who shall be elected by the Tibetan Assembly in accordance with the law by means of a secret ballot.
(2) The original nominees for Kalons shall consist of not more than 21 members nominated by sub-committees of the Tibetan Assembly by means of a secret ballot. The Kalons shall be elected following selection of the nominees.
(3) Qualifications of a Kalon:
a) Must be a citizen of Tibet;
b) At least 35 years of age;
c) Not declared mentally unsound by a court or a licensed medical practitioner;
d) Not declared legally bankrupt;
e) Not convicted of any criminal offence by any court of law;
f) Not declared disqualified by more than two-thirds majority in the Tibetan Assembly;
g) Not a Kalon who is serving a second consecutive term in office;
h) Not previously removed as a Kalon as prescribed in clause (3) & (4) of Article 29 of this Charter;
i) Does not enjoy service, status or economic benefit from other countries detrimental to the interest of the Tibetan people.
(4) Any person nominated as a Kalon who is unwilling to accept the office must be withdrawn from the nomination within the allotted time in accordance with the notification.
(5) A nominee must secure at least 70% of the total number of votes to be elected as a Kalon.
(6) If seven Kalons are not elected, three nominees for each remaining position of Kalon shall be nominated for a reelection from the list of remaining candidates.
(7) Provided further that if the total of 3 Kalons are not elected upon the subsequent ballot, the required percentage for election may be reduced to, but not below, 55%, and subject only to the approval of more than two-thirds majority of members present in the Tibetan Assembly. If the Kalons are elected upon reduction of the required percentage of votes, the number of Kalons thus elected shall not exceed three.
(8) If a two-thirds majority of members present in the Tibetan Assembly has not approved the reduction of the required percentage of votes for election, or if after the reduction, the required percentage has not been secured by 3 candidates for the position of Kalon, the matter shall be presented to His Holiness the Dalai Lama and decided thereon in accordance with His advice.
(9) If the number of elected candidates with equal percentages of votes exceeds the required number of Kalons, all such candidates who got equal percentage of votes will then form the nominees and voting started again.
(10) a) If the elected Kalons are so few that they are unable to discharge their responsibilities properly, then the Kashag may approach the Tibetan Assembly, whereupon the matter may be submitted to His Holiness the Dalai Lama, and following His assent, the vacancies for the remaining positions of Kalons within the Kashag may be elected by the Tibetan Assembly.
b) In the event of the death, replacement, or resignation of a Kalon, his or her replacement shall be elected within six months.
c) In the case of such an election, the nominees for the replacement of the Kalons required thereof shall not exceed three for each position of Kalon.
d) Further, in the case of no such nominee securing the required percentage as laid down in the regulation, re-election of the Kalon or Kalons shall not be required.
e) A Kalon so elected shall hold office for the same period as that of the remaining term of the incumbent Kashag.
(11) Any member of the Tibetan Assembly elected as a Kalon shall cease to be a member of such Assembly, and any civil servant of the Tibetan Administration elected as a Kalon, shall resign from his or her service provided that, upon completion of a Kalon's term, he or she shall be entitled to receive benefits of old age according to his or her former rank and the duration of the previous service.
(12) This specific procedure applicable to the election of Kalons as formulated by the Tibetan Central Election Commission, in accordance with the provisions of this Charter, ratified by the Tibetan Assembly, and with the assent of His Holiness the Dalai Lama, shall henceforth come into full force and effect.
Tenure of Kashag - Article 22.
(1) Subject to Article 29 of this Charter, and unless otherwise specified, such as the dissolution of the Kashag or the removal of a Kalon or Kalons before the expiration of a term, the tenure of the Kashag shall be 5 years.
(2) Except in cases of dissolution of the Kashag as specified in Article 29 of this Charter, the re-election of any Kalon shall not be invalid, provided that such re-election of a Kalon shall not exceed two consecutive terms.
Election of the Chief Kalon - Article 23. A Chief Kalon shall be elected, in accordance with the law, by the elected Kalons by means of a secret ballot. Election of a Chief Kalon shall be valid by a simple majority.
Tenure of the Chief Kalon - Article 24. Except in the case of a removal, in accordance with clause (5) of Chapter 29 of this Charter, and before the expiration of a term, the tenure of the Chief Kalon shall be one year. Provided that he or she can remain as Chief Kalon if re-elected.
Oath or Affirmation by the Chief Kalon and Kalons - Article 25. All Kalons, including the Chief Kalon, shall, before assuming office, take and subscribe before His Holiness the Dalai Lama an oath and affirmation of office and secrecy according to the form prescribed by law.
Salaries of the Chief Kalon and Kalons - Article 26. The Chief Kalon and Kalons shall be entitled to receive such salaries, allowances and other priviledges during their term as determined by the Tibetan Assembly by law.
Meeting of the Kashag - Article 27. The Chief Kalon shall preside over meetings of the Kashag, and during his or her absence, it shall be presided over by a Kalon elected for the purpose.
His Holiness the Dalai Lama's Summoning of the Kashag Meetings - Article 28.
(1) His Holiness the Dalai Lama may, from time to time, summon a meeting, or may be requested by the Kashag to attend Kashag meetings. The Kalons shall be in attendance during such meetings and His Holiness the Dalai Lama shall preside over these Kashag meetings.
(2) The Kashag shall be exclusively responsible for the expeditious execution of resolutions passed thereof in the meetings of His Holiness the Dalai Lama and the Kashag.
Obligations of the Kashag and Removal of Kalons - Article 29.
(1) The Kashag shall be collectively responsible for the discharge of their duties, and in general it shall be accountable and answerable to the Tibetan Assembly.
(2) The Chief Kalon shall allocate portfolios to the individual Kalons with the consent of His Holiness the Dalai Lama, and His decision shall be binding.
(3) The entire Kashag may be dissolved, or any Kalon or Kalons may be removed, as the case may be, with the approval of more than a two-thirds majority of the total members of the Tibetan Assembly.
(4) His Holiness the Dalai Lama may, in cases of an emergency, dissolve the Kashag or remove a Kalon or Kalons, including the Chief Kalon, as the case may be.
(5) If at any time the Chief Kalon makes a reasonable recommendation regarding the dissolution of the Kashag or the removal of a Kalon or Kalons, including himself, such a recommendation submitted through the Tibetan Assembly, shall come into force with the support of a two-thirds majority of the total number of the Kalons in the Kashag, and the approval of His Holiness the Dalai Lama.
(6) If the entire Kashag is so dissolved, a new Kashag shall be elected in not less than 30 calendar days from the day of dissolution, if the Tibetan Assembly is in session. If the Assembly is not in session and an emergency session is required to be summoned, the replacement of the Kashag shall be elected within 60 calendar days, except in the case of a removal of a particular Kalon, in which case his or her replacement may be elected within 6 months.
(7) The Kashag shall continue to hold office in accordance with the law even after the expiration of its term until such time as the newly elected Kashag takes and subscribes its oath and affirmation of office. In the case of a removal of a particular Kalon, as specified in clauses (3) (4) (5) of this article, he or she shall cease to hold his or her office. In the case of the dissolution of the entire Kashag, the incumbent Kashag shall continue to hold office until such time as the newly elected Kashag takes and subscribes the oath and affirmation of office provided that they do not make new decisions relating to policy matters.
Conduct of Business of the Tibetan Administration - Article 30. All executive business of the Tibetan Administration shall be conducted in the name of His Holiness the Dalai Lama. The Kashag shall formulate detailed regulations concerning transaction of administrative business, rules and regulations, and the making of decisions, by the chief Kalon or Kalons of the Kashag; and those laws shall come into force with the approval of the Tibetan Assembly and the assent of His Holiness the Dalai Lama.
Council of Regency - Article 31. The Council of Regency shall exercise executive powers and authority in the following circumstances:
(1) a) at such time as His Holiness the Dalai Lama has not assumed or retained the powers of the head of the Tibetan Administration and the executive functions therein;
b) when the Tibetan Assembly, by more than three-fourths of its total members in consultation with the Tibetan Supreme Justice Commission, decides that, in the highest interests of the Tibetan Administration, and the Tibetan people, it is imperative that the executive functions of His Holiness the Dalai Lama shall be exercised by the Council of Regency.
(2) If such a situation arises, a three member Council of Regency shall be elected jointly by the Kashag and the Tibetan Assembly in accordance with law, by means of secret ballot. Provided that any Tibetan who desires to become a nominee of the Council of Regency shall fulfill the same qualifications as those for becoming a Kalon as specified in clause (3) of Article 21 of this Charter.
(3) If any Member of the Kashag, member of the Tibetan Assembly, or civil servant of the Tibetan Administration and its private institutions is elected as a member of the Council of Regency, he or she shall relinquish his or her present position.
(4) A Regent, once elected as member of the Council of Regency, shall take and subscribe an oath and affirmation of office and secrecy before the Chief Justice Commissioner of the Tibetan Supreme Justice Commission.
The Chief Regent of the Council of Regency - Article 32.
1) There shall be a Chief Regent in the Council of Regency who shall be elected jointly by members of the Tibetan Assembly and Kashag by a majority vote. However, the Council of Regency shall be collectively responsible for the conduct of their business.
2) Except in the case of a removal before the expiration of a term, in accordance with Article 34 of this Charter, the tenure of the Chief Regent shall be one year. Provided that he or she can continue to remain as the Chief Regent if reelected.
Duties and Powers of the Council of Regency - Article 33.
(1) The Council of Regency shall have all the executive powers and authority as prescribed in Article 19 except as otherwise prescribed in sub-clause (f) & (g) of the same Article.
(2) Subject to clause (f) of Article 19, the Council of Regency may, in consultation with the Kashag and the Chief Kalon, with the approval of more than two-thirds majority of the members of the Kashag, call for a popular referendum to suspend or dissolve the Tibetan Assembly.
(3) Subject to clause (g) of Article 19, the Council of Regency may, in consultation with the Speaker and Deputy Speaker of the Tibetan Assembly, dissolve the Kashag or remove a Kalon or Kalons, as the case may be, with the approval of more than two-thirds of the total members of the Tibetan Assembly.
(4) At the earliest time for His Holiness the Dalai Lama to assume the executive authority and power of the Tibetan Administration, the Council of Regency or a Regent, the Kashag or a Kalon, the Tibetan Assembly or a member thereof, may introduce a bill in the Tibetan Assembly to reinstate the power and authority of His Holiness the Dalai Lama. Upon adoption of such a bill the Council of Regency shall be dissolved.
(5) In all other matters of procedure, the Council of Regency shall adhere and comply in accordance with duly passed laws.
Dissolution of the Council of Regency and Removal of Regents - Article 34.
(1) Whenever any Regent of the Council of Regency, as a result of death or otherwise, is unable to discharge his or her duties and responsibilities, the Kashag and the Tibetan Assembly shall, in accordance with law, jointly elect his or her replacement.
(2) Any Regent(s) or all three Regents of the Council of Regency may be removed, with the approval of more than two-thirds majority of the total members of the Tibetan Assembly in consultation with the Kashag.
(3) In the case of a situation requiring the removal of a member of the Council of Regency when the Assembly is not in session, the Standing Committee of the Tibetan Assembly may, in consultation with the Kashag, suspend the powers and authority of that particular Regent. Provided that the Kashag and the Standing Committee of the Tibetan Assembly shall jointly explain such removal when the assembly reconvenes and, if approved by more than a two-thirds majority of the total members of the Tibetan Assembly, that Regent shall be removed from his or her office. The Tibetan Assembly shall also elect in the same session a new Regent as his or her replacement in accordance with Article 31 of this Charter.
(4) If two or three Regents of the Council of Regency are required to be removed from office while the Tibetan Assembly is not in session, the Kashag in consultation with the Standing Committee of the Tibetan Assembly shall summon an Emergency Meeting of the Assembly and recommend in that session the removal of such Regents. The Tibetan Assembly may approve the removal of two or three Regents by more than two-thirds of its total members. Provided that any or all of the Regents of the Council of Regency shall be given an opportunity to present an explanation thereof. The Tibetan Assembly shall also elect, in the same session, their replacements in accordance with Article 31 of this Charter.
Term of Office and Salary of the Council of Regency - Article 35.
(1) Unless the Council of Regency is required to be dissolved, or a Regent(s) is required to be removed as specified in Article 33 of this Charter, or in the appropriate event of reinstating power and authority in the hands of His Holiness the Dalai Lama, the term of each Council of Regency shall not exceed 3 years.
(2) In the event of removal of one or two Regents, their replacement shall hold office for the same period of time as that of the remaining term of the former. Provided that in the event of removal of all Regents, the term of office of the new Regency shall be three years.
(3) In the event of removal of a particular Regent, he or she must immediately relinquish his or her position. Provided that if all three Regents are removed, they shall continue to hold office until such time as the newly elected Regency takes an oath and affirmation of office, provided that they do not make decisions relating to policy matters.
(4) The Regents shall be entitled to receive such salaries, allowances and other priviledges during their tenureship as determined by the Tibetan Assembly in accordance with law.
Charter of the Tibetans-In-Exile