New Delhi, September 23
C hief Justice of India DY Chandrachud on Saturday said that drafting of the Constitution by the Constituent Assembly is a classic example of engaging beyond partisan lines as individuals from diverse backgrounds came together to draft the Constitution in one voice.
hief Justice of India DY Chandrachud on Saturday said that drafting of the Constitution by the Constituent Assembly is a classic example of engaging beyond partisan lines as individuals from diverse backgrounds came together to draft the Constitution in one voice.
CJI while speaking at the inaugural session of an international lawyers' conference hosted by the Bar Council of India, appreciated how individuals from diverse backgrounds cooperated to pass the Women's Reservation Bill in Parliament.
"Individuals from different regions of India, diverse backgrounds and even conflicting ideologies came together to draft the Constitution in one voice... We find that the same bipartisan effort, and this is something to which we as citizens of India must be proud, has gone into the passing of the Women's Reservation Bill in the Parliament," CJI Chandrachud said.
"There is often a difference in perspective between my colleagues on the bench and me. When the day comes to a close, we come together and share moments of camaraderie. This idea of 'friendship beyond differences' may seem lighthearted. However, it plays a pivotal role in fostering mutual respect for other perspectives and in acknowledging that there is always something to learn from each other. Only when we recognise this shared intention to deliver justice, can we sit at the same table to find solutions," he added.
CJI said that the judiciary and the government are also working together, in a spirit of collaboration, to find solutions to various problems.
The CJI said that the rapid advancement of technology has created complex legal issues, with lawyers leading the way in navigating this landscape.
"They ensure clients and governments adapt to tech changes while upholding legal rights and regulations, covering areas like cybersecurity, data privacy, and intellectual property. Lawyers also bear significant commercial responsibility, driving economic growth by helping clients and governments enhance business efficiency and cross-border operations. Through their role in facilitating international trade, investments, and collaborations, they contribute to nations' economic well-being and global cooperation," he added.
CJI Chandrachud said that it is utopian to think that there will be a day when "we find perfect solutions with no challenges to the justice delivery".
"It is utopian to think that there will be a day when we find perfect solutions and no challenges to justice delivery exist. However, it is definitely not utopian to aspire to a world where nations, institutions and most importantly individuals are open to engaging with and learning from one another, without feeling threatened or belittled. It is in this engagement that I believe lies the framework to find solutions," he said.
Referring to engagement between nations, Constitution and legal systems, Justice Chandrachud said, "What better example than our beloved constitution! From the drafting of our Constitution to the adjudication of constitutional questions, India has a rich tradition of engaging with foreign Constitutions and precedents. It is often argued, and I tend to agree, that our openness to draw from foreign experiences is rooted in our perception of the Constitution as a transformative document. When a Constitution is perceived as transformative, it is more likely that foreign experiences will be drawn as inspiration of how such transformation is possible on several issues."
He further said that knowledge sharing is a two-way street with decisions of the Indian Supreme Court being regularly cited and relied on by foreign courts faced with thorny constitutional questions.
CJI also said that at the administrative level, too, the Indian Judiciary must remain receptive to collaborating with various nations.
"India has played a pivotal role in the construction of both the Supreme Courts of Mauritius and Bhutan. Recently, I had the privilege of signing an MoU with the Chief Justice of the Supreme Court of Singapore in the field of judicial cooperation. Indeed, nothing explains this push towards engagement across nations better than the slogan for the recently concluded G20 summit - Vasudhev Kutumbhakam, the world is a family," CJI Chandrachud said.
The event, also attended by Attorney General for India R Venkataramani, said social media is a borderless world of communication and disregards ethical and moral considerations.
"Social media is a borderless world of communication. But it disregards ethical demands... we need to talk about its impact on justice delivery," he said.
Solicitor General of India Tushar Mehta said that India is becoming the powerhouse of the economy in the world under the leadership of Prime Minister Narendra Modi.
Under the visionary Prime Minister, we have taken several new initiatives. India has jumped to the 79th position in ease of doing business. We have entered an era of 100 per cent FDI through automatic route, he told the gathering also attended by the Prime Minister.
CJI Chandrachud appreciates bipartisan efforts to pass Women's Reservation Bill
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