MoU signed between the Supreme Courts of India and Nepal

The Supreme Courts of India and Nepal on Monday (April 7, 2025) signed a Memorandum of Understanding (MoU) for judicial cooperation, an occasion which Chief Justice of India Sanjiv Khanna termed as the lighting of a new torch in the relationship between the two countries’ judiciaries.

Chief Justice Khanna, who spoke in the presence of Chief Justice of Nepal Prakash Man Singh Raut, said: “Jurisprudential exchanges ensure that our constitutional democracies are not insular, but open to learning, adaptation, and evolution.”

Chief Justice Khanna recounted how the Supreme Court was inspired by a decision of its Nepal counterpart that led to decriminalising Section 377 of the Indian Penal Code (IPC).

“The Indian court noted the Nepalese judgment with approval, particularly drawing inspiration from how it linked the rights of LGBTQ persons to their right to privacy,” Chief Justice Khanna said.

Likewise, the CJI said Nepal has incorporated Indian constitutional doctrines. “These include the celebrated doctrine of the Basic Structure of the Constitution. I am happy to note how some of the Indian constitutional principles have found a home in Nepal’s jurisprudence!” the CJI noted.

Chief Justice Khanna appreciated the Nepal Supreme Court’s interpretation of the concept of “ecocide”. “It not only recognised the drastic long-term consequences of environmental degradation but also firmly grounded the right to a clean and healthy environment,” the CJI said.

This MoU aims to create formal mechanisms for judicial exchanges, joint research, training programmes, seminars, and visits. It would be crucial to better understand and resolve common challenges faced by the judiciary like lack of access to justice, judicial delays, digitisation and the “protection of constitutional rights in a rapidly changing world”.

Also present were Union Minister of State for Law and Justice Arjun Ram Meghwal, Attorney General for India R. Venkataramani, Solicitor General of India Tushar Mehta, Chairman of the Bar Council of India Manan Kumar Mishra, presidents of the Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association, Kapil Sibal and Vipin Nair, respectively.