A utopian world might have uniform laws and enforcement. Borders create conflict of laws and enforcement problems even for well-recognised rights ranging from the right to life, liberty and freedom of expression, to more complex rights under the right to freedom of trade such as intellectual property rights, equal treatment in public procurement and the right to have free and fair competition. 

The Indian legal system has three well-defined roles. Adjudication of civil disputes, criminal jurisdiction and a special writ jurisdiction exercised by the Indian courts under the Constitution of India. Hamstrung by the world’s largest and possibly the most litigious population, historical pendency of cases creates a mountain of arrears. Civil and criminal cases wind onwards through the court process taking years, but India still offers predictability, certainty and quick interim relief to compensate for the ‘pendency’. 

The session will examine India’s legal system critically and comparatively to suggest possible solutions that may be reported and acted upon. Speakers from other jurisdictions will offer perspectives on justice delivery and their perceptions of the Indian legal system from abroad. The panellists will broadly identify commonalities in justice delivery mechanisms to progress towards uniformity in cross-border enforcement of law.