TO KEEP UP WITH TIMES
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.