The judiciary is an impartial and independent organ of the state. As a pillar of democracy, it has the onus to defend constitution as well as interpret it in case there is ambiguity in its provisions. Like other democratic constitutions in many countries worldwide, the Constitution of Nepal, 2015 has clear provisions for the judiciary to function in a fair and independent manner. The provisions are based on the principle of separation of powers. As per this doctrine, powers are allotted among the three organs of the state - executive, legislative and judiciary. With this system of checks and balances in place, each organ has distinct powers. The constitutional provisions do not allow them to trespass each other’s jurisdiction while exercising their powers. It needs no mention that the judiciary in Nepal has played a crucial role in protecting the constitution and strengthening the newly established federal republican system.

The present coalition government has been formed with the issuance of the historic verdict by the Supreme Court (SC). Even when there was a possibility of forming an alternative government from the House of Representatives (HoR), the then Prime Minister KP Sharma Oli had dissolved the HoR twice in the span of six months following the nasty intra-party bickering. The House dissolution plunged the country into new round of instability. As Oli’s steps were unconstitutional, the apex court restored the parliament by issuing a mandamus order. The judiciary’s move has brought the constitution back on track. It was really a landmark verdict aimed at ensuring political stability for it saved the parliament from its premature demise. It has clearly signalled that our judiciary is capable of saving the constitution and democracy when the political crisis besets the nation.

Nepal was not in a position to go for mid-term elections as the national economy was in tatters owing to lockdowns and other restrictions imposed to contain the COVID-19 pandemic. Now, Chief Justice and SC Justices, the Bar and rights activists are crossing swords. The SC judges and lawyers have demanded that the CJ should tender resignation to keep the sanctity of the apex court intact. In this respect, everyone should maintain restraint and solve the crisis of confidence amicably. Opposition leader Oli’s remark that all five SC justices of the constitutional bench, who ordered to restore HoR and appoint Sher Bahadur Deuba as the new Prime Minister, has not gone well with the legal and political fraternity.

Against this backdrop, Prime Minister Sher Bahadur Deuba has said that the mandamus order issued by the SC was in favour of the constitution and democracy as it has protected them. The PM expressed his view while speaking at a programme organised by Tarun Dal, a sister wing of the Nepali Congress, in Kathmandu on Wednesday. He said, “Oli had no right to dissolve the parliament. It was the SC that has protected the constitution twice when the parliament was dissolved unconstitutionally.” He hoped that the SC would resolve the issue concerning the Chief Justice on its own. The judiciary must remain aloof from any controversy to protect its dignity and sanctity.