Kathmandu, May 8: The 26th of the Nepali month Baisakh has a special significance for all those in the law profession of the country. It is taken as the day when an independent judiciary was first established and impartial justice and the rule of law guaranteed in the country.
Baisakh 26 also marks the establishment, 48 years ago, of an independent judiciary that was capable of final jurisdiction as per the Supreme Court Act-2009. The day is being celebrated as the Law Day ever since.
The Supreme Court Act of 2009 B.S. had clearly set the area of jurisdiction of the apex court, specified the appointment procedure of the Chief Justice, the terms and conditions of service and facilities of the chief justice and judges and the universal application of the law set by jurisdiction of the court at all offices and courts.
The Supreme Court Act of 2013 B.S., which followed the Supreme Court Act-2009 B.S., formally led to the establishment of the Supreme Court of Nepal and the Supreme Court is presently governed by the Supreme Court Act-2048 B.S. after the promulgation of the Constitution of the Kingdom of Nepal-1990.
Elucidating the importance of the Law Day, Attorney General Badri Bahadur Karki says the Law Day has much more importance at present since the present constitution of the Kingdom of Nepal which was drafted following restoration of democracy in the country establishes the supremacy of the constitution.
Attorney General Karki also points out that a pledge should be made on the occasion of the Law Day to enhance the glory and honour of the day in the present context when activities such as taking the law into one’s own hands to perpetrate anti-constitutional and illegal activities are increasing day by day.
Nepal Bar Association president Harihar Dahal said the Law Day would have relevance only if all those engaged in the judiciary and the legal profession carry out their duties and responsibilities well being guided by the sole motive of protecting and promoting the dignity and honour of an independent judiciary and the sanctity of the rule of law.
President of the Supreme Court Bar Association Anup Raj Sharma opined that only an independent and impartial judiciary did not add to the relevance of the Law Day.
He said the government should encourage extensive public debate on any issues of public importance prior to introducing a law, the law reforms commission should be activated, judges and law practitioners should be imparted training, arrangements should be made for skilled manpower in courts and the courts should be facilitated with the necessary physical infrastructures in order to realise the objectives of an impartial judiciary.
He also stressed the need for making adequate budgetary allocations for the judiciary.
Spokesperson of the Supreme Court Kashiraj Dahal said the main objective of the law day is that the duties and functions of all the bodies exercising state power are done according to the constitution and the laws of the land and that the rule of law established in all spheres of state governance.
Advocate Prakash Wasti said the law day would have significance only if the government, the bar and bench hold group discussions and make an honest assessment of progress made so far in the field of independent and impartial judiciary and the principle of the rule of law.
The Law Day should not be made only a formality, he stressed.