‘Can learn about judicial independence from SC’ : The Tribune India

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‘Can learn about judicial independence from SC’

‘Can learn about judicial independence from SC’

ICJ judge Hilary Charlesworth speaks in New Delhi. pti



Tribune News Service

New Delhi, February 10

Noting that both International Court of Justice (ICJ) and the Supreme Court of India operated in politically charged atmospheres, ICJ Judge Hilary Charlesworth on Saturday praised the latter for the quality of introspection.

“The ICJ can learn from national courts about judicial independence. Both the ICJ and Supreme Court of India operate in highly charged political environments. What is commendable about the latter is the quality of introspection,” she said.

She was delivering a lecture on “The International Court of Justice: A Legal Forum in a Political Environment” as part of the annual lecture series organised to commemorate the SC’s diamond jubilee.

She said with all cases having political contexts, assertion on a judge’s independence was inevitable. “Our judges, I would say, have always decided the legal questions independently. But the context cannot always be pinned down and more sophisticated accounts, rather than relying only on voting preferences as some do, is needed,” she said.

CJI DY Chandrachud echoed her views, saying the creation of the Supreme Court in 1950 cannot be viewed as divorced from the political realities of its time. “The sitting of the Supreme Court for the first time echoed the aspirations of a nascent country burdened by the legacy of colonial rule and entrenched social stratification, yet equipped with a transformative, progressive and foresighted Constitution,” the CJI said.

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