Speech by Her Excellency the President of India, Shrimati Pratibha Devisingh Patil, at the Call by the Delegates of the 9th International Conference of Chief Justices of the World

Rashtrapati Bhavan, New Delhi : 11.12.2008

RB

Chief Justice Mr. Odoki of Uganda,

Justice Shri A.P. Shah, Chief Justice of Delhi High Court,

Shri Ravi Prakash Gupta, President International Bench and Bar Association,

Shri A.S. Qureshi, Vice-President, International Bench and Bar Association,

Ladies and Gentlemen,

I am glad to meet you. Last year too, I had an occasion to interact with the delegates of the International Conference of Chief Justices of the World. Conferences such as these, I am confident, provide an opportunity to the global judicial community to exchange ideas about recent developments in international law and practices. They are platforms for sharing of experiences in the implementation of international conventions in their respective countries through domestic legal structures.

The drawing up of the Indian Constitution was an elaborate exercise. We had also looked at constitutions of other countries for this purpose. The Indian Constitution embodies the concepts of equality, liberty, justice and fraternity. It guarantees fundamental rights to our citizens and has, since its adoption in 1950, provided the basic framework for governance and dispensation of justice. In India, judiciary plays an important role in not only upholding the constitution and dispensing justice but also in bringing in principles of international law in their judicial pronouncements. The Judiciary has and will continue to be an important pillar of India's democratic framework.

India has always believed that a peaceful world can be possible if it is based on the principles of equity, justice and fair-play. It has sought more democratic and representative multilateral institutions whether it is the UN Security Council or the World Bank and the IMF for dealing effectively with global challenges of peace, development and, in fact, for coordinated action for dealing with the current financial crises. Global issues require global consensus and concerted action by all countries of the world. One of the major challenges that confront the world is international terrorism and the danger it poses to human lives, with innocent people falling prey to terrorist attacks in many parts of the world. It is incumbent on the international community to ensure that there is an effective legal framework for the prevention and elimination of terrorism. India has faced terrorism for over two decades. The recent terrorist attacks in India have escalated it to new levels and have profiled the cross-border linkages of the support that the terrorists receive. Terrorism has ramifications for world stability and growth and hence, an issue I believe which the Chief Justices of the World should look at as a priority area so that the perpetrators, as also those who extend support to them, are brought to justice.

The International Court of Justice in the Hague, which was established in 1945 as the principal judicial organ of the United Nations enjoys universal support and respect. India is proud to have contributed to the working of ICJ and three of our Judges have been its members. However, the recent period has witnessed the creation of a number of specialized regional and international courts and bodies. Along with it have arisen some concerns about the fragmentation of international law. Similar legal issues or disputes could be subjected to interpretations by two different bodies, with potentially differing views. The challenge is to find a balance between, on the one hand, the need for diversity and specialized regimes and, on the other hand, the importance of maintaining an overall framework of international law that offers a sufficient degree of coherence.

I am confident that there would have been an occasion to exchange ideas on many such issues. I wish you all the very best in your endeavours.

Thank You.

 

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