Pathways to a new eco-social contract in Nepal : judicial interpretations of constitutional guarantees and their implementation

Nepal's democratic transition led to the promulgation of its Constitution in 2015 that guarantees transformative rights across economic, social, cultural, environmental and developmental spheres. The Constitution signifies a shift in the societal contract by introducing an array of fundamental rights, including the right to social justice and the right to a clean and healthy environment, among others. This paper examines Nepal's constitutional journey towards a new eco-social contract, with a focus on the role of the Supreme Court in interpreting these constitutional guarantees. The Court's interventions, such as preventing the exploitation of natural resources for infrastructure, recognizing the interconnectedness of environmental rights with other fundamental rights, and establishing the role of the state as a trustee of natural resources, highlights its role. The paper analyzes some key court decisions related to balancing environmental protection and development following the promulgation of the new Constitution. It also assesses their implementation status and identifies obstacles in the full realization of the transformative potential of a new eco-social contract in Nepal.