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Dr Bipin Adhikari on Current Status and Legal Issues of Land Expropriation in Asia

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Welcome speech of Dr Bipin Adhikari to the 2017 ALIN International Conference on Current Status and Legal Issues of Land Expropriation in Asia (September 13, 2017 / Hotel Radisson, Kathmandu) Dear Colleagues and Friends Ladies and Gentlemen As the Dean of the School ...

ALIN General Meeting and International Conference on Current Status and Legal Issues of Land Expropriation Issues in Asia

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Dear President Ik Hyeon Rhee of Korea Legislation Research Institute Dear representatives of ALIN members Ladies and Gentlemen Good morning! It is wonderful to receive you all in Kathmandu today to take part in this year’s ALIN General Meeting and Internat...

Masters by Research in Energy and Infrastructure Law at Kathmandu University School of Law (KUSL)

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Energy Law is considered a new branch of law in the world that deals with energy mix that a country relies on for its energy needs. It is also said to be a very complex area of law. It concerns the laws dealing with a mix of the solar, wind, geothermal, hydrothermal, marine and hydrokinetic energy, ...

Legal Structures for Business and Investment in Nepal in the Context of China’s Belt and Road Initiative

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Dr Bipin Adhikari Kathmandu University School of Law (KUSL) A keynote speech delivered in International Conference on Emerging Markets and Finance: Global and Domestic Challenges and Opportunities in Emerging Economies organized by Southwestern Jiaotong University, Chengdu, Sichuan...

On Philippine Model of Legislative Peace Settlement and Its Constitutional Ramifications

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Mr Alizedney M. Ditucalan paper on The Bangsamoro Basic Law: The Philippine Model of Legislative Peace Settlement and Its Constitutional Ramifications is a very well written piece of article on the struggle to reconcile the differences between the Moro people’s right to self determination in Minda...

A Constitutional and Legal History of the RTI in Nepal

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(A paper presented by Dr Bipin Adhikari in National Convention on the Right to Information in Kathmandu organized by Freedom Forum in collaboration with the World Bank on March 28-29, 2011) Although the Right to Information Act was enacted in Nepal only recently, it is of tremendous val...

Diplomatic Immunity in the Case of Drug Smugglers - Papers
Special Bulletin of Narcotics Control Bureau published on the occasion of the United Nations’ International Day Against Drug Abuse and Illicit Trafficking, June 26, 2015

A crime is principally said to be a wrong committed against society either by an overt act, omission or neglect and could result in punishment. A person who has violated a law, or has breached a rule, is said to have committed a criminal offense. Every crime has a victim who suffers some harm at the hands of the offender - be it physical, financial, psychological or emotional. Drug smuggling is a crime. It is prohibited by law. This crime also has victims...Read more

Foundation of Social Economy in the Interim Constitution of Nepal - Papers
The 11th Asia Legal Information Network Expert Forum Korea Legislation Research Institute, April 30, 2015

The contents of Nepali constitution can be contrasted to that of the US Constitution drafted in 1787 which, according to Charles A. Beard, was an economic document motivated to achieve the economic domination of the elites and the exploitation of the lower classes. Albeit criticized by many including Jonathan Macey, the landmark book written by Beard entitled, "An Economic Interpretation of the Constitution of the United States" marks the initial constitutional economic debate, popularly known as constitutional economics. The assertion of Charles Beard is interesting in that the constitution of US, at that time, despite claiming to be an economic document, failed to address the social economy component. Charles Beard himself professes, in his book, the concept of competing economic interests between the elites and the lower classes and the motive of economic dominance inherent in the then constitution. In contrast, the Nepalese constitution has a comparative advantage, in that, it addresses the need for state re-structuring based on social, economic and political transformation. In light of this, the constitution of Nepal is more aligned towards economic enhancement through social welfare than retention of hegemonic property rights. ...Read more

Regional Consultation on Enforced or Involuntary Disappearances:The Situation of Nepal - Papers

28th to 29th March, 2015 (South Asian Human Rights in Colombo Srilanka)

The Regional Consultation on Enforced or Involuntary Disappearance being organized by South Asian Human Rights in Colombo, Sri Lanka on 28th to 29th March, 2015 with the underlying goal of mobilizing the ratification of International Conventions pertaining to Enforced or Involuntary Disappearance in the South Asian region is a very timely move. The consultation seeks to highlight the SAARC context and take stock of the challenges and breakthroughs in the current struggle against violations of human rights in general, identify trends and practices of advocacy and litigation strategies adopted by human rights defenders in the region, responses by States, national human rights institutions and Courts and the amelioration of the situation of the protection of HRDs in the region. The consultation seeks to bring together experts, human rights lawyers and defenders from the South Asian region with an aim to develop a long term agenda for regional action to strengthen civil society capacity regarding the protection of Human Rights in the South Asian Region...Read more

बीपीले किन गरे मेलमिलापको कुरा? - Speeches
सेतोपाटीः नेपालको डिजिटल पत्रिका - September 12, 2013

राष्ट्रिय मेलमिलापको नीति अत्यन्त महत्वपूर्ण राजनीतिक सिद्धान्तमा आधारित हुँदाहुँदै पनि यसबारे पर्याप्त अध्ययन भएको देखिँदैन। केही वर्षअघि एउटा कार्यक्रममा सहभागी हुन जाँदा सँगै गएका एक व्यवसायिक साथीलाई मैले सोधेको थिएँ– …नेपालको इतिहासमा सन् १९७६ केका लागि महत्वपूर्ण छ?' उनले भने, …त्यही वर्ष चीनमा सांस्कृतिक क्रान्तिले विश्राम पाएको थियो।' कुरा ठीकै थियो।...Read All

"बिपी कोइराला र प्रजातन्त्रको दिशाबोध"

डा. विपिन अधिकारी
(बि.पि. चिन्तन प्रतिष्ठान केन्द्रीय समितिद्वारा चैत ८–२०, २०६९ मा आयोजित कार्यशाला गोष्ठीको चैत २० गतेको सत्रमा डा. विपिन अधिकारीद्वारा प्रस्तुत विश्लेषण)

"वास्तवमा बिपी कोइरालाको विभाजित व्यक्तित्व थियो भन्ने कुरा नै सही होइन । मलाई लाग्दछ, राजनीति सुरु गरेदेखि नै बिपीका आदर्शहरु सँधै कञ्चन रहे । परिस्थितिहरु कहिल्यै एकनाश रहेनन् होला । तिनलाई तात्कालीक परिस्थितिका आधारमा बिपीले पनि सामना गर्नुप¥यो होला । सखका दिनहरु पनि आए, दुखका दिनहरु पनि आए । राजनीतिले बिपीलाई पनि रणनीतिक बनायो होला । तर उनले बाँचेको जीन्दगी र उनले स्थापित गरेको सिद्धान्तलाई दुविधारहित हिसाबले बुझ्न सकिन्छ । स्ट्याटिस्टिक्स् र सम्भाव्यताको सिद्धान्तमा स्ट्याण्डर्ड डेभिएसन (मानक विचलन) को कुरा गरिन्छ । मानक केहो र विचलन के हो बुझ्नु पर्ने हुन्छ । अर्को शब्दमा भन्दा जुन कुरालाई हामी बिपीको मानक भन्दछौं, त्यसबाट बिपीको डिस्पर्सन वा भेरिएसन कति छ भनेर हेर्नुपर्दछ । मलाई लाग्दछ आफ्नो व्यक्तित्व, राजनैतिक सिद्धान्त र आदर्शका कुराहरुमा – अझ भनौँ राष्ट्रियता, प्रजातन्त्र र समाजवादका कुरामा – बिपीको विचारमा एकरुपता थियो । निरतन्तरता थियो । उनी जन्मजात राष्ट्रिय मेलमिलापका पक्षपाती थिए । उनको दृष्टिकोण जे सही हो, त्यही नै भनिनु पर्दछ । त्यसको रणनीतिक व्याख्या गरिनु हुँदैन । कांग्रेसले गर्न सक्दैन भने पनि केही छैन, त्यसले गर्ला जसको हातबाट बिपीको उचित मूल्यांकन हुन्छ ।" ...Read more

दण्डहिनताको चपेटामा द्वन्द्व पीडित सम्बन्धी एकदिने विशेष अन्तक्र्रिया कार्यक्रममा द्वन्द्व पीडित राष्ट्रिय समाजद्वारा प्रस्तावित अवधारणापत्र उपरको टिप्पणी

डा. विपिन अधिकारी
माघ २०, २०६९

"न्यायिक उपचारलाई प्रतिक्रान्तिकारीहरुको हतियारको रुपमा लिनु हुँदैन । मान्छेको आत्मसम्मान हरेक हालतमा सुनिश्चित हुनुपर्दछ । वैध कानुन र उचित प्रक्रिया विना कसैको पनि नागरिक हक वा स्वतन्त्रता अपहरण गर्न पाइँदैन । अन्तर्राष्ट्रिय कानुन होस् वा राष्ट्रिय कानुन, फौजदारी कानुनको सामान्य सिद्धान्त यही हो ।" ...Read more

नेपालमा गहिरिँदो संवैधानिक संकट तथा समाधानका उपायहरु

Bipin Adhikari
Society for Constitutional and Parliamentary Exercises (SCOPE)
December 25, 2012

Reforms in the Justice Delivery System

Bipin Adhikari (Commentator)
National Conference on Participatory Democracy: Issues and Reflections
17-18 December 2012

The context of reform in the justice system goes far beyond the principle of "Justice delayed is justice denied." This expression has remained the basis for the right to a speedy trial and similar rights in the justice delivery system. However, there are additional dimensions to this core concern. Every judicial institution in modern world faces the unenviable task of delivering justice to its people, which must be timely, equal, and affordable. In a democracy, this is better performed by ensuring the broad participation of relevant constituents and creating opportunities for all to make meaningful contributions to decision-making. Participation also means opportunity to broaden the range of people who have access to justice. The institutional reform targeted towards improving administrative and organizational functions in the justice delivery system – the judiciary, prisons, and other law and justice agencies – needs to be implemented simultaneously with participatory-based approaches at the community level. ...Read more

On the Report of State Restructuring Commission

Dr Bipin Adhikari
February 6, 2012

Thank you very much taking part in this interaction programme on the report of the State Restructuring Commission (SRC) was organized by NCF on Monday, 6th February, 2012 at Hotel Annapurna. We had the opportunity to listen to Dr. Ramesh Dhungel, one of the two members of the State Restructuring Commission representing Nepali Congress on the report that has been already submitted to Prime Minister, Dr Baburam Bhattarai. Dr Dhungel also shared his experience with the SRC team and the working process of the Commission. As we are aware, the minority members of SRC namely Dr. Ramesh Dhungel, Dr. Sarbaraj Khadka and Savitree Gurung submitted a separate report to the Prime Minister in the ceremony, where the SRC Chairman submitted his report on behalf of the majority of members. ...Read more

On the Bill for establishment of Nepalgunj University, 2067

Dr Bipin Adhikari
January 29, 2012

Nepalese higher education until recently was a success story. This decade is not impressive at all. There is little that the country can show how it has made progress in supporting excellence in higher education and widening access to it, and how these have proved to be complementary and mutually reinforcing in Nepal's context. ...Read more

On the Bill of Contempt of Court Act, 2067

Dr Bipin Adhikari
January 19, 2012

The Bill of the Contempt of Court Act 2067 is the first of its kind in Nepal. Traditionally, the law on contempt has been based on the precedents established by the Supreme Court, and the government never thought of introducing any legislation in this regard the way many other common law countries in the world have done to deal with the person held in contempt. It is good that the Bill has now been registered with the parliament, and is on the queue to be introduced in the House. ...Read more

On the Bill of Bill for Establishment and Management of Bagmati Civilization Development Council Act, 2066

Dr Bipin Adhikari
January 08, 2012

The Bagmati River originates in Bagdwar and flows through the Kathmandu valley. As any river, the Bagmati river system is also related with the life and breath of the local communities. Apart from this, it is considered a holy river both by Hindus and Buddhists. The famous temple of Pashupatinath lies at the bank of Bagmati. There are other shrines like Gokarneshwar, Guheshwari and Kiranteswar located in its banks. The Hindus and Buddhists, for whom the river water has special religious and spiritual values, consider the water of Bagmati as a holy water. The importance of Bagmati also lies in the fact that Hindus are cremated on the banks of this holy river, and Kirants are buried in the hills by its side. The area has also been enlisted as the World Heritage site. The river comprises of 57 other rivers and rivulets as its tributaries. Yet the Bagmati River is in crisis. ...Read more

On the Bill of Public Procurement (Amendment) Act, 2063 (2007)

Dr Bipin Adhikari
January 03, 2012

Nepal has been going through the process of public procurement reform in recent years. A new Public Procurement Act enacted in 2007 made a significant progress in this regard. The capacity to enforce public procurement laws and regulations, and to manage and conduct procurement is still a challenge in the country often leading to ineffective use of scarce budgetary resources. As procurement reform often meets major resistance from vested interests within society there is a growing recognition of the need to understand and address the underlying factors that may undermine political will for reform and more systematically analyze the effects of political incentives on the feasibility and sustainability of such reforms. ...Read more

- Electoral System Design and Affirmative Action for Ensuring Women's Human Rights and Gender Equality- (February 12, 2012)

Dr. Bipin Adhikari
February 12, 2012

Nepal is in the final stage of writing a new democratic constitution. It is being drafted through a specially designed Constituent Assembly with all sovereign powers that are needed to do the job. The new constitution is being framed in the background of five earlier constitutions that were experimented in Nepal throughout different points of history. This latest endeavor is supported by the Interim Constitution, which was promulgated in 2007 in the background of the consistent efforts for reform, the mass movement – II and the decade long Maoist "People's War". The role of women in the reform process, especially for women's rights and gender equality, has always been significant...Read More

Ensuring Gender Equality under New Federal Arrangement in Nepal - (Position Paper of Nepal Women Commission)- (January, 2012)

Dr. Bipin Adhikari & Dinesh Tripathi
January, 2012

Nepal is in the process of writing a new constitution. This job has been entrusted to an elected Constituent Assembly. The Assembly has started working since May 28, 2008. Its constitutional status, including the basic process of making the new constitution, has been laid down by the Interim Constitution promulgated in 2007. The Eleventh Amendment to the Interim Constitution has extended the term of the house up to May 27, 2012. The new constitution must be promulgated by this time. As such, the process of completing the constitution building is at a very critical juncture... Read More

On the Bill of Greater Janakpur Area Development Council (Amendment) Act, 2010

Dr Bipin Adhikari
November 21, 2011

The Greater Janakpur Area Development Council Act was enacted as early as 1998 in order to safeguard, maintain and develop the shrines, temples, lakes and sites of religious, historical and archaeological importance within the Janakpur area and its intermediary (Panchakoshi) circuit areas, and to develop the Greater Janakpur Area as a well-planned pilgrimage and religious site by developing infrastructures for the social, economic and cultural development of the Greater Janakpur Area. The Amendment Bill has been brought forward to increase the area under the Greater Janakpur Area Development Council to run it in a more effective manner and to increase the role of the Chairperson of the Council. It is seen that the bill has been made to carry forward the nation's policies since the establishment of the Republic. ...Read more


On the Proposed Bill of Establishment of Special Economic Zone Act, 2008

Dr Bipin Adhikari
November 21, 2011

The investors for long have complained the lack of stability in the legal regime in this field, especially in laws related to taxation and other charges. Internal problems regarding tax and concessions might have a negative impact on the investment in the SEZs too. Therefore, the government's policy in these matters must be more stable and comprehensible. Provisions regarding workers and staff must meet the international labour standards. In this regard, industrial dispute resolution mechanism must be properly established in accordance with Section 53. ... Read more

On the proposed bill of National Academy of Law and International Relations Act, 2010

Dr Bipin Adhikari
October 20, 2011

Traditionally, universities have been established as major institutions for providing higher education and research opportunities, and are recognized as the most important investment in the country's future.

All universities, whatever their preferred area/s of specialization, contribute to the culture, socio-economic and environmentally sustainable development of individuals, communities and nations. As society is now becoming increasingly knowledge based, university education has become crucial in preparing a healthy, skilled and agile intellectual human force with facilities for life-long learning. This enables countries to continuously assess, adapt and apply new knowledge. As a result, the development of university education and research has been receiving high priority the world over. ... Read more

Bill to amend and consolidate Higher Education laws, 2010

Dr Bipin Adhikari
September 22, 2011

The Bill to amend and consolidate Higher Education laws 2010 is a major legislative initiative in the area of university education. It is important that this Bill be discussed at the national level before the parliament takes initiative on it. As I understand, the government has registered the Bill with the Parliament Secretariat, but has not so far tabled it in the parliament. This means it has enough time to interact with the higher education community in the country on the overall policy and contents of the Bill. So far we are not aware of any policy document that serves as background to this Bill. It is natural therefore that many of the provisions of this Bill are difficult to understand as a matter of policy. ... Read more

High Level Programme on Tenth Amendment of the Interim Constitution and Remaining Challenges of Constitution Building in Nepal

Dr Bipin Adhikari
August 30, 2011

A democratic Constitution is the need of the day. There is no controversy on this issue. The advocates of change have shown their commitment regarding a few new features that democracy demands in Nepal. There has been much discussion on these features. Why there is delay in actualizing them. But even the realization of these new features requires a few years of serious attempts. Creation of political system is not possible at one stroke. It will require many small but sincere attempts even after the constitution is enacted. But the challenge now is to create the basics - the frameworks that must be done in order to move ahead. This appears to be easier said than done. The problems are not limited to the local political sphere only. ... Read All

On the proposed bill of Sexual Harassment in Workplace Act, 2067

Dr Bipin Adhikari
August 7, 2011

The Bill has been drafted with the intention to safeguard the right to work in a safe and decent environment and to create legal framework to eliminate sexual harassment in workplaces. Any government or constitutional agency, any agency or organization established under the law or any business or service related entity will fall under the definition of "workplace" as provided in Section 2(a).

"Manager" has been defined in Section 2(c) as any person having the ultimate decision making power in administrative or business matters in any workplace. ... Read more

On the proposed bill of Penal Offence (Determination of Sentence and Implementation) Act 2067

Dr Bipin Adhikari
June 23, 2011

The Bill of Penal Offence (Determination of Sentence and Implementation) Act, 2067 is a new legislative initiative in Nepal. Popularly known as Sentencing Act in the local legal circle, the Bill, once passed, will have enormous impact in the way courts in Nepal determine sentences.

The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime. Those imprisoned for multiple crimes, will serve a consecutive sentence (in which the period of imprisonment equals the sum of all the sentences), a concurrent sentence (in which the period of imprisonment equals the length of the longest sentence), or somewhere in between, sometimes subject to a cap. Statutes often specify the range of penalties that can be imposed for various offenses, and sentencing guidelines sometimes regulate what punishment within those ranges can be imposed given a certain set of offense and offender characteristics. ... Read more

On the proposed bill of Real Estate Business Transactions Act, 2065

Dr Bipin Adhikari
August 23, 2011

It is great that we all are assembled here to provide civil society inputs to the bill of Real Estate Business Transactions Act 2065 being considered by the parliament at Singh Durbar.

In this programme, we have the representatives of noted real estate experts and practitioners, and some lawyers and pressure group representatives who have professional interests in this bill. ... Read more

On the proposed bill of Electricity Act, 2065

Dr Bipin Adhikari
August 19, 2011

The Bill of Electricity Act 2065 is one of the very important bills going through the legislative process in the parliament of Nepal. After a long gestation period, the government has finally taken up the instrument for further action. While it is being studied at the Legislative Committee, we think we should take the opportunity to review it on the part of civil society, and provide our written inputs on what the government has proposed. ... Read more

Late Chief Justice Hari Prasad Pradhan Memorial Lecture Series (4): "Conflict Management in the Context of Trans-boundary Rivers."

July 28, 2011
Nepal Constitution Foundation

Ladies and Gentlemen,
Ii is my pleasure to welcome you all to this fourth lecture on the Late Chief Justice Hari Prasad Pradhan Memorial Lecture Series being organized by Nepal Constitution Foundation.

This is a tradition that we have kicked off in honour of the late chief justice who had immense contribution to the development of the concept of constitutionalism and the rule of law in this country. Pradhan was a lead figure who established the domain of constitutional law in Nepal back in early 1950s. As we have another presentation here on the noted jurist, I do not want to give you further details about him at the cost of repetition.... Read more

आगामी जेठ १४ मा संविधान जारी हुन नसके उत्पन्न हुने परिस्थिति र संवैधानिक निकास

डा. विपिन अधिकारी
अप्रिल ३०, २०१०
स्रोतः (२०६७ वैशाख १७ गते शुक्रबार नेपाल कन्स्टिट्युसन फाउण्डेसनद्वारा आयोजित कार्यक्रममा कार्यपत्रको रुपमा प्रस्तुत)

फ्रान्सेली राजनीतिज्ञ पियार जोसेफ प्रोधोँलाई "अराजकवादका पिता" भनिन्थ्यो । उनलाई कानुन व्यवस्था वा सरकारमा विश्वास थिएन । उनी अतिवादी दृष्टिकोण राख्दथे । उनले एउटा बहुचर्चित किताब पनि लेखेका थिए । यसको नाम थियो 'द कन्फेसन्स् अफ अ रिभोल्युसनरी' – एउटा क्रान्तिकारीको साविति बयान । त्यो साविति बयानमा लेखिएको थियो – क्रान्तिलाई हिंसा, रक्तपात, लुटपिट र मारामारको अर्थमा प्रयोग गर्ने जमातले संसारलाई उँभो लगाउन सक्ने छैन । अठारौँ शताब्दिका यी दार्शनिक तथा द्वन्द्वात्मक भौतिकवादका व्याख्याता कार्ल माक्र्स्का बीच पछि भनाभन भई एकअर्कासँग बोलचाल पनि बन्द भयो । मौलिक अधिकार तथा स्वतन्त्रताप्रति अतिवादी दृष्टिकोण राख्ने प्रोधोँ तथा यसलाई वर्ग संघर्षको दृष्टिले प्रयोग गर्ने माक्र्स्का बीच मिलन बिन्दु पाउन गाह्रो थियो । समसामयिक विश्वमा एउटा गम्भीर तेस्रो धार पनि छ, त्यो हो – कानुन शासन, प्रजातन्त्र तथा संविधानवादलाई आत्मसात् गर्दै अगाडि बढ्ने धार । नेपालमा आज पनि यिनै मान्यताहरु बीच द्वन्द्व छ । ... Read more
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माघ २०, २०७३- व्यवस्थापिका संसदले आज स्थानीय निर्वाचनसम्बन्धी विधेयक पास ग...

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Nepali-English Constitutional Legal Dictionary

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