IMPACT OF GLOBALISATION ON INDIAN LEGAL SYSTEM

IMPACT OF GLOBALISATION ON INDIAN LEGAL SYSTEM

**Author:-  Ritika Srivastava from Symbiosis Law School Hyderabad

INTRODUCTION:

Globalisation is a process as old as civilisation itself, although it has only recently received attention and significance. Globalisation played a critical part in the historical movement in systematic pattern throughout this decade in the administrative system. As a developing country, India experienced a significant surface change in its administrative structure as a result of globalisation. With changes in socioeconomic conditions, globalisation has increased both inside and outward demand for legal services. India has been liberalising its legal services market, which has both positive and negative consequences for judicial service. 

The many socioeconomic factors of globalisation are also constantly reshaping the operation of our judicial systems. In certain types of appellate litigation and adjudication, for example, reliance on foreign precedents is required. For example, in litigation involving cross-border business activities or family-related conflicts, the actual location of the parties in separate jurisdictions necessitates citing and discussing foreign statutes and judgements. As a result, domestic courts are called upon to deal with international legal materials in areas such as 'Conflict of Laws,' where they must rule on issues such as proper jurisdiction and choice of law, as well as the recognition and enforcement of foreign decrees and arbitral awards. 

Furthermore, if their individual countries are parties to international instruments, local courts must investigate the text and interpretations of those instruments. However, there is some controversy about using international precedents to decide instances when local law may not provide adequate guidance or clarity. This trend has prompted some persons to declare their aversion to relying on foreign law, particularly in matters involving challenging problems of jurisdiction as well as constitutional interpretation. 

Globalisation's legal problems Until recently, most discussions about the legal difficulties posed by economic globalisation focused on multilateral attempts to promote international commerce and investment. In this regard, there has been considerable scholarship on the World Trade Organization's dispute-resolution functions, as well as the role of arbitral institutions in facilitating dispute-resolution in the event of commercial disputes between private parties located in different national jurisdictions. 

There has also been some focus on the resolution of investment disputes between international investors and host governments.

As a result, subjects connected to international trade law and investment law have grown increasingly prominent in legal discussions and education. For a country like ours, where financial sector reforms just began in the 1990s, a realistic approach to foreign trade and investment is obvious. There is little doubt that the gradual reduction of barriers to foreign investment and private enterprise has resulted in the expansion of various industries, including banking, telecommunications, information technology, broadcast media, and infrastructure. Foreign money and enterprises in these industries have surely produced numerous employment, fostered a competitive environment, and expanded consumer options.

CASE LAW ANALYSIS:

The growth of these sectors has also resulted in "regulatory gaps," which have been remedied by the establishment of independent regulatory authorities. These independent regulatory authorities are responsible for assisting in the development of policies and developing rules to achieve a fair balance between the interests of service providers, consumers, and the government. Several specialised tribunals have also been established to resolve disputes in fields such as telecommunications and securities regulation.

As a result, the Court has broadened the scope of its review to explicitly questioned and challenged government auctions of public resources, such as the 2G Telecom Scam Case (2012) and the CoalGate Case (2012).

CONCLUSION:

Globalisation has various impacts on India Judiciary or Indian Legal System such as increased international trade, increased use of Alternative Disputive Mechanisms, increasing international treatises and agreements.

But, also it possessed challenges like, pressure alignment with international standards, international investment disputes, human rights and environmental issues.