National 8 (Spotlight Weekly)

Challenges Ahead

After the exit of two senior judges, newly appointed Chief Justice Kedar Nath Upadhyaya faces the difficult job of managing the judiciary

By KESHAB POUDEL

In many institutions, leadership change is often a very painful process. In the Supreme Court, its own set precedent and institutional framework have made matters easier. Regardless of who happens to be at the helm, he receives the full support of an institution that has matured and firmly established itself over the last five decades.

Even at a time like 1990 just after the promulgation of the Constitution of Kingdom of Nepal, when all the judges were re-appointed, the judiciary as an institution functioned properly. Continuity with change is one of the basic features of the judiciary. Although the structure of the judiciary has changed from time to time, as the present judiciary was transformed from four-tier to a three-tier system, it has functioned well.

Following the retirement of Keshab Prasad Upadhyaya as chief justice, his immediate colleague and senior-most judge Kedar Nath Upadhyaya has taken over. This change of guards, however, has taken place amid different circumstances. Upadhyaya finds himself leading the apex court when senior judge Krishna Jung Rayamajhi, who tendered his resignation, joined Keshab Prasad Upadhyaya in leaving the bench.

When Keshab Prasad Upadhyaya was appointed chief justice two and half years ago, he had a strong set of senior judges, including Laxman Prasad Aryal, the present chief justice, Rayamajhi, Govinda Man Shrestha and others. Chief Justice Kedar Prasad Upadhyaya has a different set of colleagues on the bench.

The road ahead for newly appointed chief justice, known as a capable and efficient individual with great integrity, is bumpy. He has to fine-tune the judiciary to meet the challenges of months and years ahead. Brother of former chief justice Bishwanath Upadhayaya, the new head of the apex court has maintained a firm stand in decision-making. The judiciary needs a combination of pragmatism and idealism in this crucial period.

"I will take firm decisions to make the judiciary efficient and effective in settling the large number of pending cases lying in the Supreme Court," said Chief Justice Upadhyaya, talking to reporters after taking office.

Upadhyaya also has the task of filling vacancies in the Supreme and Appellate Courts. The posts of seven judges are vacant in Supreme Court and several others in the Appellate Court. Since 1995, no new appointment has been made in the Appellate Court. It is always difficult to choose between merit and seniority for the appointment of the vacant judges. The professional competence and personal integrity of the new appointees, nevertheless, would go a long way toward determining the future of the judiciary.

Having started his career from the law ministry, Upadhyaya has spent almost all of his professional life in the judiciary. Upadhyaya, who will lead the judiciary for 14 months, faces the challenge of boosting the performance of the court by providing leadership acceptable to all of his colleagues.