FORUM (Spotlight Weekly)

Faith In Judicial System Vital To Democracy

By Chief Justice KESHAB PRASAD UPADHAYAY

Respect for the law is respecting the principles of justice. Our constitution has endorsed the rule of law as a basic characteristic of national life. There is no one above the law and the law does not discriminate on the basis of big or small, high or low, but delivers justice on the basis of equality. Thus, all people need to have equal respect for the law. We celebrate Law Day every year because the Pradhan Nyayalaya Act 2009 has opened the way to accept these values in the day-to-day life. This day has great significance.

Merely talking about the rule of law does not mean that we can deliver justice to the people. This noble goal cannot be achieved as long as those associated with the judicial system do not have full commitment to upholding it. We have acquired many experiences in the five decades since we started to celebrate Law Day. The time has now come for all of us, including judges and lawyers, to evaluate ourselves about our role and commitments.

Without living under law, those who seek and those who deliver justice cannot uphold the economic, social and political rights guaranteed by the constitution. People like judges, employees, lawyers and others working under the justice administration have to be more sensitive in understanding the spirit of the law. Moreover, they have to remain active and alert toward their responsibilities. Civil society also has additional responsibilities. Citizens are the genuine consumers of the justice. This is the reason citizens should be aware of and careful about justice.

Judges are the medium to fulfil the wishes of the people in accordance with the constitution, settling the dispute in accordance with the law. They are also the medium of upholding the law. The end cannot be achieved without the means. Without identifying the end, the use of means becomes meaningless.

It is important for all of us to retain the faith of people in our judicial system. For this, we need support from all sectors of society. The role of judges and lawyers are equally important in this matter. We have to prove that justice can be delivered equally to all the citizens of the country.

This is the reason why the principles of justice in accordance with law and law for justice are equally important. One has to seriously understand the adage that justice without law is like lame and law without justice is blind.

I believe Law Day will provide guidelines to all on ways to make the law fair and just. To achieve this goal, one requires active support from Nepal Bar Association. I hope Nepal Bar Association will make efforts to develop equitable society by supporting weak, backward, women, children, the elderly and other members of the community.

It is everybody’s duty to respect the court and place faith in justices. This we can do only after we all have shown our commitment to the rule of law. Law is equal to all the community. As long as we are unable to inject the feeling every one can get justice, we will be in not a position to bring every citizen into the national mainstream.

Democracy cannot survive without the strong presence of rule of law. On the occasion of Law Day 2058, I think everyone has to work actively to translate the spirit of the slogan ‘follow the law and respect justice’ into living reality.

Rule of law is the essence of democracy. Therefore, it is everyone’s duty to raise the feeling toward law. The goal of the Constitution of the Kingdom of Nepal 1990 to create a society based on law will materialize only after those who seek and those who deliver justice both express their commitment to the law.

This article is based on a speech Chief Justice Upadhyaya delivered at a function organized by Nepal Bar Association to observe Law Day.