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JUDICIARY |
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JUDICIARY |
Mission Learning The justices of the Supreme Court sit together at an interaction program to share their experiences By KESHAB POUDEL If a recent public statement made by the chief justice of the Supreme Court is any indication, our legal community puts great value on the need to place a local perspective on universal values of law. "The University of Melbourne has included in its curriculum, the Nepalese Supreme Court's decision on environment, which is a matter of immense satisfaction to us," said Chief Justice Keshav Prasad Upadhyaya, addressing an interaction program organized by the Judicial Council for the justices of the Supreme Court.
He described the Constitution of the Kingdom of Nepal 1990 as one of the best in Asia. "However, we will not interpret our constitution on the basis of circumstances prevailing abroad. We will interpret our constitution by observing our own context and realities. Only when we are able to uphold the spirit and values embodied in the constitution can we truly reflect the people's hopes and aspirations," the chief justice added. "A decade is not a long time in history. But in the 10 years we have had this constitution, the Supreme Court has made many important rulings in keeping with the letter and spirit of the supreme law of the land," Chief Justice Upadhyaya said. Constitutionalists argue that there are certain universal practices in interpreting the constitution. Constitutional terms like freedom, rule of law, adult franchise, accountability, separation of power, executive, judiciary and legislative have almost identical connotations and interpretations around the world. Supreme Courts around the world adopt certain universal standards and values while delivering their verdict. Chief Justice Upadhyaya's remarks contain relevance especially since Nepal's Supreme Court is in the process of interpreting many constitutional matters and other issues of national importance. The apex court has made many significant decisions over the years on constitutional issues, but some of its decisions are not free from controversy. On some questions, it has departed from the tradition of delivering its verdict in accordance with international standards, defining cases within the specific circumstances of the country. When justices deliver their decisions citing the Nepalese context, how will they affect the universal values enshrined in the term 'democracy'? "We are capable of defining the constitution and providing justice in keeping with the needs of our society," said Chief Justice Upadhyaya in his keynote address. Participated by all 22 justices of apex court, the interaction program was aimed at increasing understanding among them. "This program is being organized also in view of the growing public interest in the work and activities of the Supreme Court," said Kashi Raj Dahal, secretary of the Judicial Council. "The role of the judiciary in the present context is very crucial as it needs to protect the spirit of the constitution," said Justice Laxman Prasad Aryal. Where has our law gone when children supposed to be at their homes are forced to live in prison?" Although the justices of the Supreme Court jointly meet every week, this was the first time they decided to share their experiences in the format of a two-day seminar. "The duty of justices is to keep the existing constitution alive. The constitution cannot be amended haphazardly," said Justice Kedar Prasad Upadhyaya. As our constitution is still in a preliminary stage of exercise, it is bound to face many new challenges along the way. Constitutional governance in Nepal stands to gain by following the experiences and interpretations of other countries. If a constitution that embodies the universal spirit of democracy is interpreted in accordance with Nepalese realities, where would that lead us? |
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