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8th April 2025 (14 Topics)

India–Nepal Judicial Cooperation

Context

The Supreme Courts of India and Nepal signed a Memorandum of Understanding (MoU) to enhance judicial cooperation. This marks a significant step in strengthening bilateral legal and constitutional ties between the two neighbouring democracies.

Key Highlights of the MoU

  • The agreement provides a structured framework for collaboration through:
    • Judicial exchanges
    • Joint research initiatives
    • Capacity-building programmes and training
    • Seminars and official visits
  • The initiative aims to address shared judicial challenges such as:
    • Delays in justice delivery
    • Limited access to justice
    • Need for digitisation
    • Protection of constitutional and fundamental rights

Mutual Learning in Jurisprudence

  • India and Nepal have often drawn inspiration from each other’s judicial decisions.
  • India's Supreme Court has previously acknowledged Nepal's judgments, particularly in cases related to privacy and LGBTQ+ rights.
  • Similarly, Nepal has adopted key Indian constitutional doctrines like the Basic Structure Doctrine to guide its constitutional interpretation.
  • Both countries share a commitment to democratic values, environmental rights, and evolving legal systems.
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