Madhav Kumar Basnet Vs Judicial Council case has been publicized as a landmark decision of Supreme Court but in fact the verdict was too feeble and weak. It missed the historical opportunity to lay down the strong solid foundation for constitutional bench.

1. Madhav Kumar Basnet vs. Judicial Council et.al.
In the Madhav Kumar Basnet Vs. Judicial Council et.al. Case, the Supreme Court missed the historical
opportunity to establish a strong and secured solidified base for the Constitutional Bench.
The verdict seems too cowardice, feeble, weak, impotent, poor and puny. The court issued mandamus
order to the institution (Judicial council) only and feared to issue such order against its own Chief Justice
who was acting as the president of Judicial Council (although the Chief Justice too was opponent in the
case).
The tortoise speed performance of Constitutional Court which we are experiencing today is the direct
consequence of the inefficient and incompetent verdict made in the very case.
Showing Obedience and Faithfulness to the Chief Justice through the verdict by five people has invited
unluckiness for five crore people. This was a BLACK DAY in the history for constitution bench of Nepal.
Let the justices be able to gather enough courage while writing verdicts in upcoming similar cases and
fulfill the gap and limitation left by this verdict.
- Shiva Prasad Acharya, Nepal Law Campus Tribhuwan University, Nepal. (2020.09.24)