Bishwonath Upadhyaya
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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 Judiciary, judicial branch of Nepal and the chief justice, chief judge of the Supreme Court of Nepal. The Chief Justice is the highest judicial o ...
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 Legal entity, entity and commonly determine how that entity is to be governed. When ...
drafting committee.


Early life

He was born in 1930 in
Malangwa Malangwa (Nepali: मलंगवा) is a town, a municipality, and the headquarters of Sarlahi District in Province No. 2 of Nepal. The district's oldest municipality, it is in parliamentary constituency 2. From the Mahendra Highway south of N ...
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: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
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 Legal entity, entity and commonly determine how that entity is to be governed. When ...
and human rights.Ex-CJ Upadhyay cremated at Aryaghat
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 {{Nepal-law-bio-stub