Assocham Bulletin - - ECONOMY -

De­liv­er­ing the first an­nual Dr. A.P.J. Ab­dul Kalam Me­mo­rial lec­ture on the topic of 'Role of Ju­di­ciary in the era of Glob­al­i­sa­tion' the CJI em­pha­sised that in or­der to seize the ben­e­fits of glob­al­i­sa­tion, de­vel­op­ing coun­tries need to strengthen and mod­ernise their demo­cratic in­sti­tu­tions and pub­lic ad­min­is­tra­tion; adding that In­dian ju­di­ciary was re­spond­ing quite well to the emerg­ing le­gal sce­nario by un­hesi­tat­ingly bor­row­ing from in­ter­na­tional ju­di­cial ap­proaches. He cited the ex­am­ples of eu­thana­sia law and the pri­vacy judg­ment in this con­nec­tion.

"The le­gal sys­tems of var­i­ous coun­tries and the ju­di­ciary in par­tic­u­lar have to re­spond af­fir­ma­tively to this ir­re­sistible phe­nom­e­non of glob­al­i­sa­tion. The ap­proach must be to in­cul­cate the best prac­tices of var­i­ous na­tion states by en­rich­ing the ju­di­cial arm from the ex­pe­ri­ences of oth­ers so as to make the in­sti­tu­tion of ju­di­ciary more ro­bust than ever," said Mr. Misra.

Glob­al­i­sa­tion and the con­se­quent global reach of the dig­i­tal econ­omy will re­quire development of new le­gal rules at the na­tional and in­ter­na­tional lev­els and fine-tun­ing of ex­ist­ing ju­di­cial sys­tems qua com­mer­cial dis­putes.

"Post-gob­al­i­sa­tion, a new world or­der has emerged where lib­eral val­ues across the bor­ders are ac­ceptedas the­new norm. The In­dian con­sti­tu­tional courts have also dis­played a pro­found re­spect to­wards the new in­ter­na­tional norms and for­eign poli­cies which are ap­po­site for the In­dian en­vi­ron­ment," he added.

The CJI said that one of the "fore­most com­po­nents" which the In­dian ju­di­ciary has to fo­cus on, in or­der to fos­ter the pos­i­tive im­pacts of glob­al­i­sa­tion for our coun­try, is to en­sure speedy dis­posal of com­mer­cial cases so that our coun­try be­comes a de­sired des­ti­na­tion for global giants.

"I must in­form you that the In­dian ju­di­ciary is to­tally com­mit­ted to­wards achiev­ing this ob­jec­tive.Weare con­sciously in­vest­ing in in­no­va­tive strate­gies to ex­pe­dite com­mer­cial dis­pute res­o­lu­tion mech­a­nism," he said, adding that over the last few years, the Supreme Court has shifted its stance­and has adopted a pro-ar­bi­tra­tion ap­proach and re­frained from as­sum­ing the role of an "in­ter­ven­tion­ist" .

"Thus, the courts of In­dia,

through their rul­ings, have en­deav­oured to cre­ate­favourable con­di­tions in In­dia for busi­ness en­ti­ties by not only in­duc­ing them to set up their busi­nesses in In­dia but also to seam­lessly trans­act with In­dian con­sumers. I am sure that this ap­proach would con­tinue in the times to come", said Mr. Misra.

Turn­ingto the busi­nesslead­ers pre­sent at the event, the CJI said that they ought to strive to­wards suc­cess by giv­ing para­mount im­por­tance to hu­man val­ues and pro­fes­sional ethics.

He also said that in­ter­na­tional busi­nesses must re­alise their duty to­wards not just the par­ent na­tion but also the host coun­tries and in­vest in their so­cial development, thereby ful­fill­ing their cor­po­rate so­cial re­spon­si­bil­ity. "In­ter­na­tional busi­ness houses have the bounden duty to un­der­take cor­po­rate so­cial re­spon­si­bil­ity not only in their home coun­tries but also in na­tions where they have strong busi­ness foot­prints. Help­ing the host na­tion in al­le­vi­at­ing their so­cial prob­lems through their eco­nomic ca­pac­ity would in­vari­ably re­sult in their ac­cep­tance in the host coun­try and this, in my view, would usher in a global or­der where

ASSOCHAM ev­ery­body would emerge as a win­ner," he said.

"It is glob­al­i­sa­tion and eco­nomic lib­er­al­i­sa­tion that grad­u­ally lead to po­lit­i­cal and so­cial­re­form­sand we­must­make all pos­si­ble ef­forts to en­sure the par­tic­i­pa­tion of one and all in this process of re­forms," he added.

Mr. San­deep Ja­jo­dia, Pres­i­dent, ASSOCHAM in con­ver­sa­tion with Jus­tice Di­pak Misra, Hon'ble Chief Jus­tice of In­dia.

Mr. San­deep Ja­jo­dia, Pres­i­dent, ASSOCHAM, Jus­tice Di­pak Misra, Hon'ble Chief Jus­tice of In­dia, Mr. D. S. Rswet, Sec­re­tary Gen­eral, ASSOCHAM re­leas­ing the spe­cial pub­li­ca­tion at Dr. APJ Ab­dul Kalam Me­mo­rial Lec­ture 2078 at New Delhi.

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