Judicial Activism in the protection and promotion of basic human rights in Nepal

Abstract

Human Rights are those rights that every individual must have by virtue of being a member of the society. They are based on demand for life in which the inherent dignity of human being aspires for respect, protection and dignity. Human rights are innate individual and are of an intrinsic factor in the quality of human persons. This study also intends to explain the Trends and Practices of Judicial Activism in Nepal with reference to historical development of Nepal, from lichhchavi dynasty to the earlier Kirati dynasty of early history, middle period in Nepalese history Malla dynasty and Modern Period of Shah dynasty. It analyzes the Constitutional development and it's provision regarding the judicial system in Nepal and the provision of Apex Court likewise, Pradhan Nyayalaya to Supreme Court. It also defines the constitutional provisions regarding the judicial review and fundamental rights of each constitution such as; Government of Nepal Act 1948, Interim Government of Nepal Act 1951, The Constitution of the Kingdom of Nepal 1959, The Constitution of Nepal 1962, The Constitution of the Kingdom of Nepal 1990 and The Interim Constitution of Nepal 2007. It has analyzed the Constitutional provision of citizen regarding file a writ petition in the Supreme Court on the ground of the violation of their rights that are guaranteed in the Constitution. This chapter has intended to observe the judicial trends and practices in lights of judicial pronouncements made by the Supreme Court of Nepal, in particular, in the time between 2010 to date. It has analyzed the role of judges and judiciary in the context of new development concept of human rights, social justice and right to equality, which are today's challenging concerns.