The Chief Justice of Nepal, Bishwanath Upadhyay, was a prominent figure in the country's judiciary. He was also the head of the Constitution Suggestion Commission formed in 2047 to draft the constitution. He prepared the draft of the constitution in 7 months and submitted it to the government. After finalizing the draft, King Birendra promulgated the constitution on 23 Kartik 2047.

Upadhyay, who had worked in the judiciary since the Panchayat period, had also won the trust of multi-party politicians. Upadhyay, who was the Chief Justice from 2048 Shrawan to 2052 Asoj, had given different recommendations when two different Prime Ministers dissolved the Parliament in the parliamentary system. 

The decision to dissolve the Parliament made by Girija Prasad Koirala on 26 Ashad 2051 and by Manmohan Adhikari on 26 Jestha 2052 was made under the leadership of Bishwanath. Political parties, however, have interpreted both decisions in their own favor, so some people still criticize Bishwanath Upadhyay's decision. UML leaders had accused him of recognizing the recommendation made by Girija Prasad but overturning the recommendation made by his party's Prime Minister Adhikari.

UML's view of Bishwanath, who spent 15 years in the 'Law Commission' and the Ministry of Law in his 40-year career, had become negative. The UML had launched a nationwide movement against Upadhyay after the Supreme Court overturned the recommendation made by Prime Minister Adhikari and restored the House of Representatives. The UML fraternal organization had raised the slogan of "mortification" against Chief Justice Upadhyay. On October 1, 2052, the UML had filed an impeachment motion against Chief Justice Bishwanath and another Supreme Court judge, Surendra Prasad Singh. The ruling party had decided that the impeachment motion could not be discussed in the House of Representatives. However, the UML was raising the issue in the parliament, saying that it would not accept the decision. 

He entered service in 2012 BS, two days before he was to retire after accumulating 40 years of administrative and judicial experience due to the age limit of 65. Journalist Bishwamani Pokharel conducted a three-hour interview with him for Kantipur Daily. During the interview, there was a long discussion on the dissolution of Parliament, the decision on mid-term elections and restoration, reforms to be made in the judicial sector, and the difficulties faced during the drafting of the 2047 Constitution. In that context, Vishwanath expressed his happiness that justice could be administered independently even during the difficult days of the Panchayat, saying, ‘Seriousness is necessary in the responsible leaders of the country.’ 

Responding to a question whether the Supreme Court’s decision to restore the Parliament on Bhadra 12 could be called ‘activism’ by the court, he added that judicial activism also exists in America and India and said that the court will decide on the basis of the Constitution somewhere or the other. He had said, ‘Politically, society cannot accept some problems. Political parties need votes. It is easier for the party to work according to the court’s decision. The government also thinks that the court should decide some things.’ 

Regarding the dissolution of Parliament recommended by the then Prime Minister Adhikari, he had said during an interview, ‘Since a no-confidence motion was brought against me on the recommendation of the Prime Minister, they have said that they will dissolve it. The Prime Minister may have the right, but it should be constitutional. If the recommendation for dissolution had been brought before the no-confidence motion, we would have been shut up.’ Upadhyay had earlier said, ‘There was a majority government during Girija Prasad’s time. The government was unable to function after the failure of policies and programs in Parliament. Girija Prasad resigned after the government could not function. The nature and issue of the recommendations made by Manmohan and Girija Prasad were different.’ 

Upadhyay recalled the incident in which Adhikari and Madhav Kumar Nepal also accepted this through speeches and statements when Girija Prasad recommended a mid-term government. ‘But after the court’s verdict, they scolded us, but no responsible party should dictate to the court,’ he had said. 

Regarding the situation after the verdict of Bhadra 12, Vishwanath had said in an interview, ‘I have said in the verdict that we should not behave rudely. But the form of protest that was seen was barbarity, taking out processions on the streets with naked khukuris, etc. The main thing is that the judge made a decision. No party accepted it. What could be more ridiculous than that if that party killed the Chief Justice and the state did not provide security?' He also portrayed the UML as a party that works hard during meetings and discussions and is fully dedicated to protecting its cause.