Powerful governments and independent courts are prerequisites for a healthy democracy

In Nepal, the health of our democracy is intrinsically linked to the strength and integrity of our judiciary. As the Kathmandu Post has consistently argued, the courts are not just another state institution; they are the bedrock of our nation's moral legitimacy. The power of the judiciary does not stem from an army or police force, but from the unwavering trust of the people, adherence to constitutional principles, and a commitment to institutional restraint.

It is crucial that judges uphold a standard of conduct that reflects this trust. Public displays of anger or personal attacks on the government by judges undermine the very impartiality the judiciary must embody. While the courts have a fundamental duty to hold the executive accountable within the bounds of the Constitution, this must be done through reasoned judgments and legal arguments, not through emotional outbursts or political commentary. Maintaining judicial dignity requires a perception of non-partisanship, a standard that is increasingly challenged in today's political climate.

Beyond the written word of the Constitution, Nepal's democracy thrives on unwritten norms – the understanding that governments will respect court orders, judges will remain detached from political platforms, and the military will stay under civilian control. These invisible boundaries are as vital as any legal text. In contemporary politics, we see dangerous trends where elected governments claim unchecked power based on popular mandate, and courts sometimes overstep into the role of 'moral guardians.' A healthy democracy requires a delicate balance, where power is tempered by wisdom and accountability, not by fear or overreach. The true strength of the judiciary lies in its restraint, and the government's strength in its accountability to the people and the law.