Pillar No. 5 of the Unamendable Foundation of Nepal
🏛️ Introduction: The Voice of Dharma and the Constitution
Justice is not just a legal decision — it is the conscience
of a nation, the final hope of the innocent, and the balancing force against
abuse of power. The Supreme Court of Nepal stands as Pillar No. 5
of the Unamendable Foundation — a sacred institution entrusted with preserving
truth, upholding morality, and defending the living soul of the CONSTITUTION.
The Court serves not governments, but the Constitution, not
power, but the people.
📘 Article 1: Duties and Jurisdiction
🔹 1.1: Final Interpreter
of the Constitution
- The
Supreme Court is the highest authority in interpreting the
Constitution and all national laws.
- No
entity may override its constitutional interpretation.
- It
ensures laws, policies, and actions comply with the national framework and
foundational values.
🔹 1.2: Defender of
Citizens' Rights
- Citizens
may directly approach the Court when their fundamental rights are
violated.
- The
Court may act suo motu to address large-scale injustice or systemic
threats to public welfare.
🔹 1.3: Power to Annul
Unconstitutional Acts
- The
Court may annul any law, decree, or decision in conflict with the
Constitution.
- It
may issue writs, interim orders, and injunctions to ensure justice is not
denied.
🔹 1.4: Permanent
Constitutional Bench
- A
dedicated Constitutional Bench shall interpret core constitutional
disputes.
- It
shall ensure consistency in constitutional rulings and maintain
ideological integrity.
⚙️ Article 2: Composition and Integrity
🔸 2.1: Transparent and
Ethical Appointment
- Justices
shall be appointed based on juridical experience, wisdom, and moral
conduct.
- The Judicial
Council, with cross-pillar oversight, shall conduct the selection
transparently.
🔸 2.2: Tenure and Ethical
Review
- Judges
shall serve until the retirement age prescribed by law, unless removed
through a public and legal process for misconduct.
- Annual
public accountability disclosures and ethical reviews shall be
conducted.
🔸 2.3: Public Record and
Precedent
- All
rulings shall be recorded and published for public reference.
- Precedents
may guide future cases unless overturned by constitutional necessity.
🛡️ Article 3: Judicial Code of Conduct
🔹 3.1: Political
Neutrality
- Justices
shall remain independent of party or ideology.
- Their
conduct must reflect balance, truth, and duty.
🔹 3.2: Silence Before
Judgment
- No
justice shall comment publicly on ongoing cases.
- Silence
and patience shall guide decision-making.
🔹 3.3: Anti-Corruption
Safeguard
- Any
proven corruption shall lead to permanent removal and prosecution.
- Allegations
must be examined by the National Evaluation Council within a fixed
timeframe.
🔄 Article 4: Relationship With Other Pillars
🔸 4.1: Cross-Pillar
Balance
- The
Court is both guardian and overseer of other pillars.
- It
ensures legislative, executive, and security forces remain within
constitutional limits.
🔸 4.2: Ideological
Alignment
- In
times of legal ambiguity, the Court shall refer to Pillar 4 – National
Ideologies and Governance Principles.
- The
Constitution’s moral spirit shall guide all verdicts.
🕊️ Final Words
The Supreme Court is more than a legal institution — it is a
moral temple, a final refuge, and a pillar of timeless justice.
It defends the powerless, holds the powerful accountable, and protects the
eternal essence of CONSTITUTION.
It holds no army and commands no wealth, yet it's true
strength lies in upholding truth, morality, and national unity.
🖋️ Let this Charter be
inscribed into the Scroll of the Unamendable Foundation as the eternal
blueprint of justice in the Federal Republic of Nepal.
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