‘Why Fear the Two-Thirds Majority? Justice Cannot Be Attained Through Influence and Fear’
First and foremost, I extend my heartfelt greetings to all of you on the occasion of Law Day, 2083. As we institutionalize the concept of an independent, impartial, and capable judiciary and uphold the rule of law, may this special day provide us all with renewed energy, encouragement, and inspiration to promote good governance, prosperity, and social justice in our country, ensuring a justice system that is accessible and trusted by the people. Nepal’s Supreme Court has observed Law Day annually on the 26th of Baishakh since its establishment on Baishakh 26, 2065 (2008 AD).
According to the principle of separation of powers, the three main branches of the state—the executive, the legislature, and the judiciary—have a division of state power. Built on the foundation laid by this act, the judiciary’s independence, the rule of law, and the establishment of a modern judicial system have been realized. We are deeply honored by the special presence of the Honorable President at this ceremony. The Constitution is not only the legal document governing state conduct, but it must become the way of life for citizens, through which the general public can experience genuine constitutional governance changes.
On this special day, I hope that all three branches of the state internalize these core values, remain actively engaged, and contribute with strong support. I pay my highest respect and tribute to former Chief Justices and all judicial workers who, even under extremely complex and difficult circumstances in judicial history, have preserved the core values of an independent judiciary, protected this institution from arbitrary and improper interference by the executive, and upheld judicial sanctity on the foundation of constitutional dignity.
Today is a day to demonstrate commitment to the honest implementation and observance of the Constitution and to uphold the rule of law. It is also a day for all of us—champions and stakeholders of democracy and the rule of law—to scrutinize our efforts for the proper protection and implementation of the Constitution and democracy. After the unexpected events of Bhadra 23 and 24, we found ourselves in a difficult situation. The judiciary is moving forward toward revitalization. Certainly, no one is above the Constitution, constitutionalism, and constitutional ethics, and no one can be.
However, there is a growing concern regarding whether there are attempts to weaken the foundations of constitutional supremacy, independence, and sovereign justice under the pretext of the use of authority and laws—efforts that could create a compliant judiciary and enable the unequal application of the rule of law. Questions are being raised whether justice is being turned into a facade for protecting self-interests rather than being the ultimate goal. There is anxiety that attempts to destabilize governance under various pretexts could create an environment where compromising justice becomes tolerated in the future.
If such tendencies are accepted within the constitutional and governmental framework, immediate power intoxication might be sustained or legitimized, which would inevitably bring uncertainty. One cannot expect a tiger feeding on one to spare another. Keeping the Constitution as it is while undertaking acts against it cannot bring revolution or change. Those violating the Constitution must be held accountable; otherwise, faithful implementation of the Constitution is not possible.
Attempts to establish excellence by destroying the structure under the pretense of change will extinguish the zeal of those in power but certainly will shatter the dreams of those who expect law and legitimate practices. Actions motivated by self-interest that murder legal and traditional procedures embody a glimpse of despotism. Tampering with the law under the guise of expediency is arbitrary and unacceptable for those who believe in the rule of law. Failure to address these issues will make it rare to protect the constitutional system, democratic governance, and the vision of a just society.
The Honorable Speaker once stated that the judiciary could work according to the government’s will; I assert that the judiciary must work according to the spirit of the Constitution. When the government’s pace aligns with the Constitution’s spirit, the judiciary can cooperate effectively. The judiciary becomes strong when it is resourced adequately. I call upon all judges that justice cannot be delivered under fear or influence—whether fear of a two-thirds government or fear of impeachment. I urge all judicial workers to advance courageously, free from fear and intimidation.
Personally, I have spent my life fighting against discrimination and injustice as a legal professional. The struggle continues. Let today inspire us all to work with commitment for capable, transparent, and just justice. At this critical time, I appeal sincerely to all citizens, the Nepal Bar Association, the media, civil society, and concerned stakeholders to protect constitutionalism, the rule of law, citizens’ rights, and judicial independence. I express my heartfelt gratitude to the Honorable President and Vice President for their guardianship in this program. The remarkable tradition of uniting all branches of the state on this special occasion of Law Day continues uninterrupted. We are extremely pleased and honored to witness this vibrant tradition today. Finally, the esteemed presence of the Honorable President at this special ceremony is a profound source of pride for us. I extend my sincere thanks and gratitude to the Honorable President and express warm appreciation to all distinguished guests for their participation, and convey best wishes to everyone on the occasion of Law Day. Thank you and greetings. (These are edited excerpts from the remarks given by Chief Justice Sapana Pradhan Malla on Law Day, Saturday.)