Bishwonath Upadhyaya ( ne, विश्वनाथ उपाध्याय) (13 October 1930 – 30 January 2014) was the
Chief Justice of Nepal
The Chief Justice of Nepal ( ne, प्रधान न्यायाधीश) is the head of the judicial branch of Nepal and the chief judge of the Supreme Court of Nepal. The Chief Justice is the highest judicial officer in the country, and ...
from 1991 to 1995. He had previously served as chairman of the 1990
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
drafting committee.
Early life
He was born in 1930 in
Malangwa Sarlahi
Sarlahi ( ne, सर्लाही ; Maithili: सर्लाही), a part of Madhesh Province, is one of the seventy-seven districts of Nepal. According to new laws, a combination of more than two or four villages makes a municipality, which ...
. He is survived by four sons, He was living with his eldest son in Kathmandu, His three other sons live in the US. He started his career in government service as legal officer in
Nepal Rastra Bank
The Nepal Rastra Bank (NRB) ( ne, नेपाल राष्ट्र बैंक) was established April 26, 1956 A.D. (Nepali Date: Baisakh 14, 2013 B.S.) under the Nepal Rastra Bank Act, 1955, to discharge the central banking responsibilit ...
in 1955 and later entered the Ministry of Law.
Famous For
The apex court bench led by him reinstated the
parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...
dissolved by then Prime Minister
Man Mohan Adhikari
Man Mohan Adhikari (Magi) ( ne, मन मोहन अधिकारी 9 June 1920 – 26 April 1999) was the 31st Prime Minister of Nepal from 1994 to 1995, representing the Communist Party of Nepal (Unified Marxist-Leninist). He is the ...
on 28 August 1995.
The bench had a bench of 11 members which made its decision by a vote of eight to three. The parliament was dissolved by the
King Birendra
Birendra Bir Bikram Shah Dev ( ne, श्री ५ महाराजाधिराज वीरेन्द्र वीर विक्रम शाह देव ) (28 December 1945 – 1 June 2001) was the tenth Shah Ruler and the King of N ...
at the recommendation of then prime minister
Man Mohan Adhikari
Man Mohan Adhikari (Magi) ( ne, मन मोहन अधिकारी 9 June 1920 – 26 April 1999) was the 31st Prime Minister of Nepal from 1994 to 1995, representing the Communist Party of Nepal (Unified Marxist-Leninist). He is the ...
as a pre-emptive move to avert a no-confidence motion tabled by the opposition. Lawmakers from the communist party have been trying to file impeachment motions in the parliament against him.
The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
has still been following the precedent set by him, he is known for his bold and proactive judge, when it comes to defining the issues of
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
and human rights.
[Ex-CJ Upadhyay cremated at Aryaghat](_blank)
The Kathmandu Post. 31 January 2014.
He headed the constitution drafting committee of 1990, is also credited for his role in evolving Nepal's judiciary as separate institution.
References
1930 births
2014 deaths
Justices of the Supreme Court of Nepal
People from Malangwa
20th-century Nepalese judges
Chief justices of Nepal
Nepal Law Campus alumni
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