Chief Justice BR Gavai has said that in today’s world, judiciary is connected among themselves. It is important for them to learn from each other’s experiences. Addressing the Nepal-India judicial dialogue in Kathmandu, the Chief Justice also mentioned the achievements of the Indian judiciary after independence. During this, other judges including Nepal Chief Justice Prakash Man Singh Raut were present.
MOU has been signed
Chief Justice Gawai said that relations between India and Nepal’s judiciary are quite old. In April this year, the Supreme Court of the two countries signed a memorandum (MoU) to promote dialogue and cooperation. This journey is a part of continuing this cooperation.
‘Judiciary is not just to implement law’
In his address, the Chief Justice highlighted the changes in the role of the Indian judiciary. He is no longer limited to interpret the judiciary law and implement the law. He has raised his role. She is also identifying the purpose of the law and its results. Orders are being issued on the basis of this.
Mention of big decisions
He mentioned many such decisions of the Supreme Court, which made major changes in the interpretation of the Constitution and the law. The Chief Justice specifically mentioned the 1973 Kesavanand Bharti vs Kerala decision. It was said in this decision that Parliament can amend the Constitution, but cannot change the basic structure of the Constitution. This decision has been used by courts around the world while interpreting their constitution.
The Chief Justice gave many decisions such as ‘Sukanya Shanta vs India’ in 2024 to eliminate discrimination on caste on the basis of caste on caste basis for access to digital services to the disabled, ‘Sukanya Shanta vs. Government of India’, to save women from sexual harassment in the office, to save women from sexual harassment in 1997.
Nepali Supreme Court appreciated
CJI Gawai also appreciated the steps taken by the Supreme Court of Nepal in the field of gender justice, privacy, environment and the rights of indigenous people. He mentioned the case of Punyabati Pathak vs. Ministry (2005). In this judgment, the Supreme Court of Nepal canceled the requirement of the guardian’s consent to make passports of women below 35 years of age.
Information about administrative reforms
During his address, the Chief Justice also discussed administrative reforms such as the increasing facility of online in India, translation of Supreme Court decisions in many languages, National Digital Judicial Clock.
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