India Needs Adaptive, Efficient & Globally Aligned Legal System: Former SC Judge

(MENAFN- KNN India) ** New Delhi, Mar 21 (KNN)** Former Supreme Court judge Mukundakam Sharma has urged urgent reforms to align laws with the country’s evolving economic and digital realities, amid the dual pressures of globalisation and rapid technological change on India’s legal system.

At the 2nd Bharat Legal Conclave, held under the theme ‘Aligning India’s Legal Ecosystem with Global Standards and Digital Landscape’, Justice Sharma outlined the need for a legal framework that is adaptive, efficient, and consistent with global standards.

He highlighted the inherent tension between India’s constitutional identity as a socialist state and its transition towards a liberalised, open-market economy.

Justice Sharma noted that while a socialist framework implies a regulated and planned system, globalisation has pushed India towards market-driven policies. This shift, he said, is inevitable, as even traditionally closed economies have adopted global trade practices.

Emphasising that laws must keep pace with changing realities, Sharma said legal systems cannot remain static in a dynamic economic environment.

** Concerns Over Delays in Arbitration**

Justice Sharma underscored the growing importance of alternative dispute resolution (ADR) mechanisms, including arbitration, mediation, and conciliation, in both domestic and international contracts.

However, he raised concerns about delays in arbitration proceedings in India. Despite a prescribed timeline of one year, cases often extend to three or four years, followed by additional delays during judicial challenges. He noted that such delays undermine the objective of quick and cost-effective dispute resolution.

** Call for Specialised IPR Courts**

On intellectual property rights (IPR), Sharma stressed the need for specialised judicial forums to handle technically complex disputes, particularly patent cases.

He observed that judges often lack technical expertise and require specialised training. Referring to global practices, he noted that countries like China have dedicated IPR courts, and suggested that India should move in a similar direction.

While acknowledging the role of commercial courts, he cautioned that their broad jurisdiction may limit their effectiveness and called for rationalisation.

** Technology as a Key Enabler**

Sharma highlighted the role of technology in improving efficiency and transparency in the legal system. He pointed to the expansion of e-courts, video conferencing, and the use of artificial intelligence, especially after the pandemic.

He noted that digital tools have enhanced access to justice, enabling participation from remote locations. He also welcomed the recognition of electronic evidence as primary evidence and the translation of Supreme Court judgments into regional languages to improve accessibility.

** (KNN Bureau)**

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