Judicial Collaboration Between India & USA Offers Opportunity For Economic Development: Justice Hima Kohli

Justice Hima Kohli emphasized the pivotal role of the partnership between India and the USA, particularly in judicial collaboration and mutual respect for the rule of law, during her attendance at the India Conference 2024 organized by the American Bar Association (ABA).Addressing the theme, 'Role of the Judiciary and the Rule of Law in Advancing Economic Development,' Justice Kohli highlighted the significance of legal frameworks and judicial actions in underpinning economic stability, growth, and innovation.Justice Kohli said, “the partnership between India and the USA, particularly through judicial collaboration and mutual respect for the rule of law, offers a tremendous opportunity to enhance economic development. By focusing on areas such as providing certainty in law, quick resolution of disputes, protection of property rights, enforcement of contractual obligations and digital transformation, both the countries can create a more favourable environment for economic growth and innovation.”“From India's perspective, learning from the US experience and fostering closer judicial and legal cooperation will not only benefit our economic ties but also strengthen the very foundation of our democratic and legal systems,” she added.Justice Kohli stated that the relationship between India and the United States is a beacon of democratic values and mutual respect for the rule of law.Both nations, Justice Kohli said, with their robust judicial systems, play pivotal roles in upholding justice within their borders and driving economic growth and innovation.The collaboration between these two great democracies, especially in the judicial domain, can catalyse economic development, providing a stable and predictable environment for businesses and investors, she added.Expounding on the interplay between the judiciary and economic development, Justice Kohli states that it is grounded in the principles of legal certainty, property rights protection, contract enforcement and safeguarding economic rights and these elements form the bulwark on which market economies operate and provide the predictability and stability that businesses and investors require.The judiciary's role in upholding and reinforcing these principles directly impacts investment decisions, market confidence and the overall economic health, she added.Justice Kohli said that the judiciary's awareness and integration of considerations such as protection of the rights of an individual, economic development and sustainable growth within the framework of rule of law is both nuanced and significant.Justice Kohli further stated, “Through its interpretations and rulings over the years, the judiciary has demonstrated a keen understanding of the delicate balance between protecting civil liberties and fostering economic progress. In striking this balance, courts have often navigated complex scenarios where economic policies and individual rights have intersected.”“For instance, the USA judiciary's approach to dispute resolution frequently considers not only the legal merits of a case but also the broader economic implications. This includes assessing the impact of decisions on investment climate, market stability and the overall economic well-being of the State and its people,” she added.In the Indian context, Justice a Kohli said that the judiciary has shown an increasing inclination towards endorsing sustainable growth models.“This is evident from recent rulings that emphasise environmental protection, corporate social responsibility and ethical business practices as integral to economic development. By upholding laws and principles that promote sustainability, the Indian judiciary reinforces the position that long-term economic prosperity cannot be separated from environmental stewardship and social welfare,” she added.Further, Justice Kohli remarked that in recent years, India has made significant strides in establishing itself as a reliable partner in arbitration and mediation services.She pointed out, “India's transformation into a commercial arbitration hub, driven by the judiciary's unwavering commitment to fast-tracking matters under the Arbitration and Conciliation Act, 1996 and fostering a pro-enforcement regime, is undeniable. The Indian Supreme Court, particularly by limiting judicial intervention and respecting arbitral awards, has bolstered India's reputation as a favourable venue for dispute resolution. This judicial philosophy complements legislative reforms and signifies India's ambition to become a global hub for arbitration.”“The approach of the Indian judiciary is, therefore, of comprehensive consideration. It acknowledges that true economic development is not about immediate gains but involves a sustainable approach that benefits the society at large. This approach reflects a judicial consciousness that acknowledges the fact that economic well-being and individual rights are not mutually exclusive but are, in fact, complementary forces which when ...

Judicial Collaboration Between India & USA Offers Opportunity For Economic Development: Justice Hima Kohli

Bhavya Singh

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