Image credits - PTI
In a landmark gathering underscoring the symbiotic relationship between India and Bangladesh’s legal systems, Chief Justice of India, D Y Chandrachud, emphasized the living nature of their constitutions. Speaking at the valedictory function of a two-day conference attended by Bangladesh Prime Minister Sheikh Hasina, Chief Justice Chandrachud highlighted the shared commitment to constitutional dynamism.
Both nations, he stated, regard their constitutions as “living documents,” a sentiment encapsulating their dedication to adaptability and progress. Chief Justice Chandrachud underscored the significance of this shared ethos, emphasizing the evolution of legal systems to meet contemporary challenges while upholding foundational principles.
The conference, chaired by Bangladesh’s Chief Justice Obaidul Hassan, saw active participation from eminent jurists, senior lawyers, and government officials, reflecting the gravity of the discussions. President Mohammad Shahabuddin inaugurated the event, setting the stage for deliberations on “South Asian Constitutional Courts in the Twenty-First Century: Lessons from Bangladesh and India.”
Chief Justice Chandrachud advocated for a shift towards mediation as a preferred method of dispute resolution, advocating for a departure from adversarial litigations inherited from colonial legacies. He highlighted mediation’s compatibility with South Asian social norms and its potential to mitigate modern challenges, particularly in resolving matrimonial disputes.
Furthermore, Chief Justice Chandrachud underscored the evolving role of judges in post-colonial contexts, emphasizing the imperative of societal inclusivity and progress. He emphasized the need for judges to act not only as adjudicators but also as facilitators of social growth, particularly for marginalized communities.
The Chief Justice also emphasized the departure from colonial-era constitutional frameworks, affirming the commitment of both nations to prioritize the welfare of their citizens over consolidating colonial power structures. Notably, he highlighted the synergy between Indian and Bangladeshi constitutional courts in interpreting fundamental rights, equality, and other key doctrines, while acknowledging the importance of balancing similarities and divergences.
Prime Minister Hasina, in her address, reiterated her government’s commitment to judicial independence and electoral integrity. She emphasized the allocation of a separate budget for the judiciary, underscoring her administration’s efforts to uphold the rule of law and ensure the rights of citizens.
Hasina reaffirmed her dedication to justice and emphasized the centrality of democratic, economic, social, and cultural rights for all Bangladeshis. Her remarks echoed the collective aspiration for a just and equitable society, underscoring the shared commitment of both nations to uphold the principles of democracy and justice.
Thus, in conclusion, the conference served as a platform for deepening bilateral legal cooperation between India and Bangladesh, reaffirming their shared commitment to constitutional vitality, judicial independence, and societal progress. As both nations navigate the complexities of the twenty-first century, their dynamic legal traditions stand as pillars of stability and progress.
