Bishwonath Upadhyaya Explained

Bishwonath Upadhyaya
Office:Chief Justice of Nepal
Term Start:8 December 1991
Term End:22 September 1995
Predecessor:Dhanendra Bahadur Singh
Successor:Surendra Prasad Singh
Birth Date:1930 10, df=yes
Birth Place:Malangawa, Nepal
Death Place:Bansbari, Nepal
Nationality:Nepalese
Children:4

Bishwonath Upadhyaya (Nepali: विश्वनाथ उपाध्याय) (13 October 1930 – 30 January 2014) was the Chief Justice of Nepal from 1991 to 1995. He had previously served as chairman of the 1990 constitution drafting committee.[1]

Early life

He was born in 1930 in Malangwa Sarlahi. 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 in 1955 and later entered the Ministry of Law.

Famous For

The apex court bench led by him reinstated the parliament dissolved by then Prime Minister Man Mohan Adhikari 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 at the recommendation of then prime minister Man Mohan Adhikari 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.[2]

The Supreme Court 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 and human rights.[3]

He headed the constitution drafting committee of 1990, is also credited for his role in evolving Nepal's judiciary as separate institution.

Notes and References

  1. Web site: Former CJ Bishwonath Upadhyaya passes away. 31 January 2014. 31 January 2014. The Himalayan Times.
  2. News: The Nepal Digest. New chief justice appointed in Nepal. 27 September 1995. TND Foundation. https://web.archive.org/web/20170223043614/http://eclipse.wustl.edu/~listmgr/tnd/0175.html. 23 February 2017.
  3. http://kathmandupost.ekantipur.com/news/2014-01-31/ex-cj-upadhyay-cremated-at-aryaghat-update.html Ex-CJ Upadhyay cremated at Aryaghat