"No generation has had the opportunity, as we now have, to build a global economy that leaves no-one behind. It is a wonderful opportunity, but also a profound responsibility."- Mr. Bill Clinton

Globalization, the process of increased interconnectedness and interdependence among countries, economies, and societies, has had a profound impact on various aspects of human life, including the judicial process. Political scientist James Mittelman finds that globalization is hardly a unified phenomenon but rather a syndrome of processes and activities: a set of ideas and a policy framework. More specifically, globalization is propelled by a changing division of labor and power, manifested in a new regionalism, and challenged by fledgling resistance movements. [1] Jan Aart Scholte defines, "Globalization refers to processes whereby social relations acquire relatively distanceless and borderless qualities so that human lives are increasingly played out in the world as a single place."[2]

According to Anthony Giddens, "Globalization means that we all increasingly live in a world where individuals, groups and nations are interdependent."[3] All of us associate globalisation with the free movement of capital, labour, goods and services across national borders. However, these parameters of economic globalisation cannot be viewed in isolation from other aspects such as the free exchange of ideas and practices.

Especially from the viewpoint of developing nations, the benefits of increasing foreign investment in any particular sector should be assessed not only in terms of capital-flows and wealth creation but also in terms of technology-transfer and the infusion of know-how and best practices. From this perspective the legal systems in various countries have a lot to learn from each other - both in terms of institutional design and the evolution of substantive laws.[4] Globalization has significantly reshaped the judicial process, presenting both opportunities and challenges for legal systems around the world. As societies become increasingly interconnected, the ability of courts to adapt to the demands of a globalized world will be essential for upholding the rule of law, ensuring access to justice, and promoting fairness and equity in legal proceedings. \

Globalization has profound implications for the functioning of legal systems, shaping their responses to economic, social, and environmental challenges on a global scale. Legal systems must evolve and adapt to meet the demands of an interconnected world, promoting justice, fairness, and the rule of law in the face of complex and dynamic socio-economic dynamics. Globalization has had an impact on the delivery of justice in countries all over the world. The growth of laws and conceptions relevant to Human Rights, Competition Law, Intellectual Property Rights, and other areas in recent years is the best example of this. Globalization has had an impact on how these laws have developed in many countries around the world. This is due to the simple reality that globalisation has linked the economies of countries that formerly had no territorial or physical ties.

Impact Of Globalisation On Legal Systems

The functioning of our legal systems is also being continuously reshaped by the various socio-economic parameters of globalisation. Globalization has led to increased efforts to harmonize and standardize legal frameworks across countries, particularly in areas such as trade, intellectual property, and human rights. International organizations like the World Trade Organization (WTO) and the United Nations (UN) play crucial roles in developing and promoting these standardized legal norms. The rise of globalization has resulted in a substantial increase in cross-border transactions, necessitating the development of legal mechanisms to govern such activities. This includes international contracts, dispute resolution mechanisms such as arbitration, and the recognition and enforcement of foreign judgments. [5]

Globalization has presented regulatory challenges for legal systems, particularly in areas such as finance, technology, and the environment. National legal systems often struggle to keep pace with the rapid evolution of global markets and technologies, leading to efforts to adapt and coordinate regulatory frameworks across borders. While globalization has brought economic benefits to many, it has also exacerbated inequality and marginalized certain groups.

Legal systems must address issues of access to justice, ensuring that all individuals, regardless of their socioeconomic status or nationality, have equal access to legal remedies and protections. Globalization has spurred legal innovation and adaptation as legal systems seek to respond to new challenges and opportunities. This includes the development of new legal doctrines, the expansion of legal education and training programs, and the emergence of interdisciplinary approaches to law that integrate insights from economics, sociology, and other fields.

For example reliance on foreign precedents is necessary in certain categories of appellate litigation and adjudication.[6] For instance in litigation pertaining to cross-border business dealings as well as family-related disputes, the actual location of the parties in different jurisdictions makes it necessary to cite and discuss foreign statutes and decisions. Hence, domestic courts are called on to engage with foreign legal materials in fields such as Conflict of Laws where they are required to rule on aspects such as proper jurisdiction and choice of law as well as recognition and enforcement of foreign decrees and arbitral awards.

Furthermore, domestic courts are also required to look into the text and interpretations of international instruments (i.e. treaties, conventions, declarations) if their respective countries are parties to the same. However, the room for debate arises with respect to the citation of foreign precedents for deciding cases where they may not be enough guidance or clarity in domestic law. This trend has provoked some people to express their opposition to the reliance on foreign law, especially in cases that involve difficult questions of constitutional interpretation. All of us will readily agree that constitutional systems in several countries, especially those belonging to the common-law tradition have been routinely borrowing doctrines as well as judicial precedents from each other. [7]

The early years of the United Nations system marked a period which saw decolonisation in most parts of Asia and Africa. During this period, many new Constitutions incorporated mutually similar provisions by drawing from ideas embedded in international instruments such as the United Nations Charter and the Universal Declaration of Human Rights (UDHR). The European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) which was adopted in 1953 also became a source for doctrinal borrowing by the emerging constitutional systems.

In later years the provisions of the International Covenant on Civil Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) have also emerged as reference-points for such constitutional borrowing. Much of this constitutional transplantation that has taken place through the means of international instruments has also exported certain distinct features of the United States Constitution - such as a bill of rights, 'judicial review' over legislation and limits placed on governmental power through ideas such as 'equal protection before the law' and the guarantee 'substantive due process'. It is only natural that the newly created constitutional systems have sought to learn from long-established ones. [8]

In recent years, the decisions of Constitutional Courts in jurisdictions such as South Africa, Canada, New Zealand and India have become the primary catalyst behind the growing importance of comparative constitutional law. With the ever-expanding scope of international human rights norms and the role of international institutions dealing with disparate issues such as trade liberalisation, climate change, war crimes, law of the sea and cross-border investment disputes among others, there is a concomitant trend towards convergence in the domestic constitutional law of different countries. In this era of globalization of legal standards, there is no reason to suppress the judicial dialogue between different legal systems which build on similar values and principles.

The ever-increasing person-to-person contacts between judges, lawyers and academics from different jurisdictions have been the most important catalyst for trans-judicial communication.[9] This takes place in the form of personal meetings, judicial colloquia and conferences such as the present one which can be devoted to practice areas as well as academic discussions.

"Fundamental human rights and freedoms are universal. They find expression in constitutional and legal systems throughout the world; they are anchored in the international human rights codes to which all genuinely democratic states adhere; their meaning is illuminated by a rich body of case law, both international and national."

American academic Anne-Marie Slaughter used the expression 'transjudicial communication' to describe this trend. In a much-cited article published in 1994, she described three different ways through which foreign precedents are considered - namely[10]:

• Firstly, through 'vertical' means, i.e. when domestic courts refer to the decisions of international adjudicatory institutions, irrespective of whether their countries are parties to the international instrument under which the said adjudicatory institution functions. For example, the decisions of the European Court of Human Rights (ECHR) and European Court of Justice (ECJ) have been extensively cited by courts in several non-EU countries as well. This also opens up the possibility of domestic courts relying on the decisions of other supranational bodies in the future.
   
• Secondly, through 'horizontal' means, i.e. when a domestic court looks to precedents from other national jurisdictions to interpret its own laws. In common law jurisdictions where the doctrine of 'stare decisis' is followed, such comparative analysis is considered especially useful in relatively newer constitutional systems which are yet to develop a substantial body of case-law. For example, the Constitutional Courts set up in Canada and South Africa have frequently cited foreign precedents to interpret the bill of rights in their respective legal systems. Comparative analysis is also a useful strategy to decide hard constitutional cases, where insights from foreign jurisdictions may insert a fresh line of thinking.
   
• Thirdly, through 'mixed vertical-horizontal' means - i.e. when a domestic court may cite the decision of a foreign court on the interpretation of obligations applicable to both jurisdictions under an international instrument. For example, Courts in several European countries freely cite each other's decisions that deal with the interpretation of the growing body of European Community (EC) law. It is reasoned that if judges can directly refer to applicable international obligations, they should also be free to refer to the understanding and application of the same in other national jurisdictions.[11]

Another factor which sows the seeds for more 'transjudicial communication' is the increasing internationalisation of legal education. For instance, the leading law schools in Europe as well as the United States are increasingly drawing students from more and more countries, especially for postgraduate and research courses. The diversity in the classroom contributes to cross-fertilisation of ideas between individuals belonging to different jurisdictions.

When students who have benefited from foreign education take up careers in their respective country's bar and judiciary, they bring in the ideas imbibed during their education. 'Access to foreign legal materials has become much easier on account of the development of information and communication technology. To take the example of India where until a few years ago subscriptions to foreign law reports and law reviews were quite expensive and hence beyond the reach of most judges, practitioners and educational institutions.

However, the growth of the internet has radically changed the picture. [12] The decisions of most Constitutional Courts are uploaded on freely accessible websites, hence enabling easy access all over the world. Furthermore, commercial online databases such as LexisNexis and Westlaw among others have ensured that judges, practitioners and law students all over the world can readily browse through materials from several jurisdictions. Such easy access to international and comparative materials has also been the key factor behind the emergence of internationally competitive commercial law firms and Legal Process Outsourcing (LPO) operations in India.

Globalization has profound implications for the functioning of legal systems, shaping their responses to economic, social, and environmental challenges on a global scale. Legal systems must evolve and adapt to meet the demands of an interconnected world, promoting justice, fairness, and the rule of law in the face of complex and dynamic socio-economic dynamics.

Impact Of Globalization On The Different Areas Of Law

Globalization has a significant impact on justice delivery mechanisms of nations around the globe. It also touches and spreads the legal developments which are going on in any part of the world to the rest of the world. Such as the development of laws related to human rights, competition law, intellectual property rights, cyber laws, media laws, law related to women etc., the laws enacted in one country have an element or concept of provisions enacted in another country. This is because of the simple fact that globalization has linked the economics, politics and culture of nations. Below is a brief discussion of some areas of law where globalization has impacted the administration of justice and judicial process of laws in India and around the world[13]:

• Competition Law:
  Since, India is a signatory of the world trade organisation agreement of 1995. After signing this agreement India has responded positively by opening its economy by removing controls during the economic reform, as a result, Indian market player's face competition from foreign players within and outside the country. This led to the need for a strong legislation to discharge justice in commercial issues and therefore the Competition Act, 2002 was introduced, before the Competition Act, 2002 there was an anti-trust law in force, named the Monopolies and Restrictive Trade Practices Act, 1969 but after economic reforms of 1991, this legislation was found incompetent in various aspects of antitrust agreement therefore as a result, a new antitrust law The Competition Act, 2002 was enacted in 2003.
  
  The Competition Commission of India, a quasi-judicial body was established for enforcing the provisions of the Competition Act. Commercial law especially competition law also got affected due to the process of globalization and due to the above said agreement of 1995 India limited its law making jurisdiction subject to provision of 1995's agreement. Therefore globalization leads to change in the entire judicial process in regard to competition law in India.[14]
   
• Law Relating To Human Rights:
  This is a well-known fact that in modern day regime of rights and freedoms has started through the Universal Declaration of Human Rights and the many other international legal instruments that has been promulgated in the same spirit and extended the concept of fundamental rights.
  
  Enactment of new laws in regard to Human Rights around the world is the best example of the impact of globalization on judicial process and also provides an idea, how the administration of justice got affected by globalization. Human Rights laws are developing around the world with the increase in globalization and nations nowadays are very concerned about human rights violations. There are various conventions and conferences in which issues of Human Rights violations held in different parts of the world were raised to tackle and improve the condition of human life and dignity around the globe.
  
  Our fundamental rights provided under part III is also inspired by bills of rights of the United States, which is again an outcome of globalization, beyond this there are various international documents which guide our legislature to form a domestic law in regards to human rights. It is also a proven fact that in the name of human right violation powerful nations have invaded various countries and taken over the entire government system or used to maintain a person in power who acts as a puppet of invader state. However it can also not be denied that globalization leads to the wellbeing of millions of people by spreading the concept and scope of human rights into the entire world.
   
• Environmental Law:
  Because of globalization, environmental and human rights are struggling. The increase in economic activity leads to large emissions of industrial pollutants and environmental degradation. The pressure on corporate firms is to remain competitive in the market therefore compel them to opt for a cost effective modus operandi which can be environmentally harmful. The concept of sustainable development became important due to international Conventions. The term sustainable human development can be defined as, the capacity of all human communities, including the deprived one, to meet their basic needs for accommodation, drinking water, food, minimal conditions of health and hygiene, social cohesion, cultural and spiritual expression, etc.
  
  Some schools of thought also argued that gains from globalization are achieved at the expense of the environment because more open economies adopt looser environmental standards[15]. One who supports this argument, used to argue that it creates a fair global competition and promotes economic activities on the cost of the environment and its natural resources.
  
  Therefore the government has weakened various environment related provisions so that the economy can be boosted. However it is also true that globalisation leads to sharing of different ideas and principles related to protection of environment precautionary principle, polluter pay principle, public trust doctrine etc., these principles have also been adopted by our judicial system which lead to change in judicial proceedings in cases related to environmental degradation.
   
• Criminal Law:
  Each and every criminal justice delivery system today somehow overlaps and interacts with other criminal justice delivery systems. It is a well-known fact that control over the criminal justice delivery system has become an obvious jurisdictional battle field between states, criminal jurisdiction is still considered as an essential element of sovereignty. States are supposed to align national justice systems in conformity with international human rights norms, and also with regional human rights courts, and those bodies that directly prosecute and adjudicate the most serious violations of international criminal law, such as the International Criminal Court[16].
  
  It also demands international enforcement mechanisms. International criminal law is considered as a grey field which is growing spontaneously, but this phenomenon is not new. In their initial phase, international criminal law consisted of some substantive crimes also, which are considered as damaging factors to law and order of the world as to allow for the interruption of the traditional territorial model of criminal jurisdiction. Piracy at sea is the most established and venerable international crime, and since at least the eighteenth century, international law has recognized that any sovereign state can prosecute pirates regardless of the site of the crime, the nationality of the perpetrators, or the nationality of the victims.
  
  In the late 19th century the first major category of international crime, war crimes, was codified[17]. After the Second World Nuremberg and Tokyo tribunals was the first ever effort to punish officials by a formal institution via international criminal proceedings. Globalisation also demands decriminalisation of corporate related mal activities that is why in 2013 various provisions of the old Company Act were amended and penalty in terms of jail was removed from various provisions.
   
• Law Related To Women:
  In India after the post Vedic period the condition of women became very poor and they were not aware of their rights, but globalisation made this section aware of different rights available to her. There are various international treaties which recognize the rights of women. World Health Organization Framework Convention on Tobacco Control (hereinafter mentioned as WHO FCTC), the Convention on the Rights of the Child, and the International Covenant on Economic, Social and Cultural Rights etc. The Preamble and Guiding Principles of the WHO FCTC make a reference to the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter mentioned as CEDAW), the provisions of the WHO FCTC recognises the importance of a gender based approach to the interpretation and implementation of policies, programmes.

CEDAW is unique among all existing human rights instruments because it is concerned exclusively with promoting and protecting women's human rights and because it operates from the premise that patriarchy is a global reality. It also addresses the reality of deep-rooted gender inequality throughout the world and both public and private sphere relations and rights and specifically underlines the almost universal difference between de jure and de facto equality of women in the world.8 CEDAW Convention is considered as the Women's Bill of Rights. This unique instrument provides a robust framework to address the complex nature of the inequality experienced by women.

India, being signatory of CEDAW in 1993, had passed 'The Protection of Women from Domestic Violence Act, 2005'. The Act recognised all forms of abuse against women in the home, provides protection from husband or partner and their families, and acknowledges rape in marriage as an offence, however marital rape is not punishable in India. Therefore it can be said that due to globalisation nations came together and recognised the rights of half of the population of the world and framed guiding principles for member states and brought changes in the justice delivery system in regard to women's rights.

Intellectual Property Laws:
Intellectual Property Right (hereinafter mentioned as IPR) is a key issue of globalization, however IPR protection in India is narrow and limited, but it is taking momentum. The multinational companies consider India as a huge market for their products and services. Indian companies are also getting benefit from better protection for patents, as a result they come up with more innovative products and unique services. When India signed the Trade-Related Aspects of Intellectual Property Rights (hereinafter mentioned as TRIPS) agreement, India indicated its willingness to ensure better protection for IPR rights within the territory.

The Madrid Protocol, which offers trademark protection, also reflects India's intentions.[18] Governments in developing countries have to perform in such a way which makes a balance between providing better IPR protection and ensuring the interests of its citizens. There are some jurists who argue that the level of development in India is still quite low and innovation restricted, so we need some time before allowing international companies to patent essential products. On the other hand, there are others who argue that an atmosphere of innovation and research can only be developed with better IPR protection.

Impact Of Globalization On The Administration Of Justice In India

The effects of globalization on the judicial process are multifaceted and extend across national boundaries, legal systems, and cultural contexts. Here are some key ways in which globalization has influenced the judicial process:

1. Interconnected Legal Systems:
   One of the most significant impacts of globalization on the judicial process is the increased interconnectedness of legal systems worldwide. As borders become more porous and transnational interactions become more common, legal issues often transcend national boundaries. This requires courts to consider laws and precedents from other jurisdictions, leading to a more cosmopolitan approach to legal decision-making.
   
   Globalization has facilitated the spread of legal developments, discussions, and ideas across different regions, influencing the growth of laws related to human rights, competition law, intellectual property rights, cyber laws, and media laws. This interconnectedness has led to the convergence of domestic constitutional law in various countries, driven by the expansion of international human rights norms and the involvement of international institutions in addressing global issues like trade liberalization, climate change, and cross-border investment disputes. The rise in direct interactions between judges, attorneys, and scholars from different jurisdictions has fostered trans-judicial communication, shaping the regulatory context and legal frameworks in response to the challenges posed by globalization[19].
   
   Globalization has given rise to complex legal issues with international dimensions, such as cross-border trade disputes, intellectual property rights violations, and transnational crimes. Resolving these issues often requires cooperation among multiple legal systems and enforcement mechanisms. However, differences in legal traditions, procedures, and enforcement mechanisms can complicate the resolution of such cases.[20]
   
   While globalization promotes the free flow of goods, services, and ideas across borders, it can also challenge the sovereignty of nations to regulate their own affairs. The tension between national sovereignty and international legal obligations often manifests in judicial decisions concerning various issues such as human rights, environmental protection, and trade agreements. This tension arises when domestic courts are faced with the challenge of balancing their country's sovereignty with the requirements and obligations imposed by international law.[21]
   
   Judicial decisions in cases related to human rights may involve interpreting international human rights treaties and conventions, which can sometimes conflict with national laws or practices. Similarly, in environmental protection cases, courts may need to navigate between upholding national sovereignty and complying with international environmental agreements and standards. Trade agreements also pose challenges as courts must ensure that their decisions align with both domestic laws and international trade agreements, balancing national interests with international trade obligations.[22] This ongoing tension underscores the complex interplay between national sovereignty and international legal norms in judicial decision-making across various legal domains.
    
2. Access to Justice:
   The impact of globalization on access to justice is uneven, with marginalized communities and transnational litigants often facing barriers to legal remedies. Economic disparities, language barriers, and cultural differences can hinder individuals' ability to navigate legal systems, particularly when legal disputes involve multiple jurisdictions. Efforts to improve access to justice in a globalized world include legal aid programs, alternative dispute resolution mechanisms, and initiatives to strengthen legal education and awareness.
    
3. Technology and Legal Process:
   Technological advancements have transformed the way legal processes are conducted in a globalized world. Electronic evidence gathering, online dispute resolution, and digital case management systems have made it easier to handle cross-border legal cases. However, technology also presents challenges such as cybersecurity threats, digital divides, and concerns about data privacy and sovereignty.
    
4. Cultural and Ethical Considerations:
   Globalization has brought cultural diversity to the forefront of the judicial process, requiring judges and legal professionals to navigate cultural differences and ethical dilemmas. Cultural competence and sensitivity are essential for ensuring fair and impartial legal proceedings, particularly in cases involving diverse parties or cross-cultural disputes.
    
5. Challenges and Responses:
   Globalization presents numerous challenges to the judicial process, including conflicting legal norms, jurisdictional conflicts, and the enforcement of international judgments. Addressing these challenges requires cooperation among nations, harmonization of legal standards, and the development of mechanisms for resolving transnational disputes. International organizations and initiatives play a crucial role in facilitating such cooperation and harmonization efforts.
    

Globalization has significantly reshaped the judicial process, presenting both opportunities and challenges for legal systems around the world. As societies become increasingly interconnected, the ability of courts to adapt to the demands of a globalized world will be essential for upholding the rule of law, ensuring access to justice, and promoting fairness and equity in legal proceedings.

Supreme Court Of India And Globalisation

The Supreme Court of India has played a significant role in the era of globalization by actively engaging in rights-based challenges to economic liberalization, privatization, and development policies over the past three decades. While the Court has generally been deferential in its review of these policies, it has also been instrumental in reshaping regulatory frameworks, bureaucratic structures, and accountability norms.[23] The Court has used rights as "structuring principles" to evaluate policies based on constitutional or statutory illegality, arbitrariness, or corruption, and as "substantive-normative principles" to assess development policies.

This approach has led to the creation of "asymmetrical rights terrains" that sometimes prioritize the rights and interests of private commercial stakeholders and government officials over those of labor, villagers, farmers, and tribes.[24] The Court's unique model of adjudication involves actively shaping the meaning of rights, regulatory structures, and the legal-constitutional discourse of globalization, reflecting a dynamic role in the judicial review process within the context of globalization.

The Supreme Court of India has addressed cases related to globalization and human rights by taking significant steps to uphold human rights standards and ensure accountability in the face of global challenges. One notable example is the Supreme Court's decision on July 14, 2017, to order a CBI inquiry into 95 cases of encounters in Manipur between 2000 to 2012. This decision demonstrates the Court's commitment to investigating human rights violations and ensuring justice in cases where human rights have been compromised[25].

Additionally, the Court has played a crucial role in interpreting and applying international human rights norms within the Indian legal framework. By engaging with global legal principles and standards, the Supreme Court has contributed to the evolution of human rights jurisprudence in India, aligning domestic laws with international human rights obligations.[26] This proactive approach reflects the Court's recognition of the importance of addressing human rights issues in the context of globalization and upholding fundamental rights in a rapidly changing world.

On the celebration of 73rd anniversary of the establishment of Supreme Court of India on 04-02-2023, Justice Sanjay Kishan Kaul addressed the gathering in the presence of Justice Sundaresh Menon, the Chief Justice of Supreme Court Singapore; Dr. Justice D.Y. Chandrachud, Chief Justice of India; Justice K.M. Joseph and Justice Ajay Rastogi.

He was of the view that the Supreme Court, like any other social entity, cannot be immune or remain as mute spectators to the process of globalization and multiculturalism that are rapidly reconstituting the world as we know it and added, since the nature of the challenge was global, our response could not be local. He emphasised on the fact that the domestic laws were increasingly affected by happenings in other parts of the world and progressive judicial decisions in other countries can have a resonating effect in other jurisdictions, forcing an examination of one's own rules and methods. He said that the Supreme Court was part of a larger global fabric, i.e., an order underpinned by the rule of law. justice Kaul asserted....

"Rule of law stands as the antinomy of capriciousness, despotism, arbitrariness, and tyranny; and can thus be considered a truly international and intrinsic human value. As defenders of this ideal, courts all across the world converse in a shared language - of liberty, democracy, and equality,"[27].

Justice Singhvi in a judgement pointed out that "Courts have readily accepted such plea unmindful of the accountability of the wrongdoer and indirectly punished the tiny beneficiary of the wrong, ignoring the fact that he may have continued in the employment for years together and that micro wages earned by him may be the only source of his livelihood. It needs no emphasis that if a man is deprived of his livelihood, he is deprived of all his fundamental and constitutional rights and for him the goal of social and economic justice, equality of status of opportunity, the freedoms enshrined in the Constitution remain illusory."[28]

The Supreme Court of India (SCI) has adjudicated numerous cases related to globalization across various legal domains. Here are a few notable cases:

1. Vellore Citizens Welfare Forum v. Union of India[29]: This landmark case addressed the issue of environmental pollution caused by industries in the town of Vellore, Tamil Nadu. The SCI emphasized the principle of sustainable development and held that industries must adhere to strict environmental standards, considering the detrimental effects of pollution on public health and the environment. The case highlighted the intersection of globalization, industrialization, and environmental protection.
    
2. Reliance Natural Resources Ltd. v. Reliance Industries Ltd.[30] (2010): This case involved a dispute between two corporate giants over the pricing and allocation of natural gas resources in the Krishna-Godavari basin. The SCI's decision had significant implications for India's energy sector and its approach to foreign investment and resource allocation, reflecting the complexities of managing natural resources in the context of globalization.
    
3. Shreya Singhal v. Union of India (2015)[31]: In this case, the SCI examined the constitutional validity of Section 66A of the Information Technology Act, which criminalized certain types of online speech. The court struck down the provision, emphasizing the importance of freedom of expression in the digital age and aligning India's legal framework with international standards on internet freedom. The case highlighted the challenges of regulating cyberspace in an era of global communication and interconnectedness.
    
4. Navtej Singh Johar v. Union of India (2018)[32]: This landmark case dealt with the constitutional validity of Section 377 of the Indian Penal Code, which criminalized consensual same-sex relations. The SCI, in its historic judgment, decriminalized homosexuality, affirming the rights of LGBTQ+ individuals and bringing India's legal framework in line with evolving global norms on LGBTQ+ rights and equality.
    
5. Indra Sawhney & Ors. v. Union of India [33]: Commonly known as the Mandal Commission case, this landmark judgment dealt with reservations in public employment and education based on caste. The SCI upheld the constitutional validity of reservations while imposing a cap of 50% on quotas. The case reflected debates surrounding social justice, affirmative action, and globalization's impact on socioeconomic inequalities in India.

Impact of Globalisation on Judicial Sovereignty of Indian Court
In this globalised world parties do not rely on the justice delivery system of other countries, that is why they use to sign arbitration clauses and agree on different forums. But the issue is not that particular arbitration, the main issue is that the arbitrator started to criticise even our apex judicial body. Here also I will analyse a recent incident held when an award passed by an arbitral tribunal in Singapore criticised the Supreme Court of India for its delay in handling cases and directed the Government of India to compensate an investor from Australia for such a hold-up. Such an incident badly hits at the foundation of the country's judicial sovereignty. There is a group who believes that the power of the state is being destroyed by globalisation.

But it was never imagined, that award passed by an arbitral tribunal situated at Singapore will be criticising the working pattern of Indian Supreme Court for delay in handling cases and directing the Government to compensate an investor from Australia for such a delay occurred in deciding the case White - Industries Australia Limited and the Republic of India[34], 201112.

This award is alarming and any prudent person can realise how New Delhi drafts international treaties and also the manner in which the Government of India conducts international arbitrations. It is not the monetary part of the award which is of concern for us, the important part is that the incompetence of the Indian judiciary was taken as the basis for awarding compensation by the arbitration. The words used by an arbitral tribunal would send shudders down the spine of any Indian who believes that his or her nation is still a sovereign state.[35]

It is not the monetary part of the award that is important but the basis of the award. It is the incompetence of the Indian judiciary that is taken as the basis for awarding compensation. The following words of the arbitral tribunal (and more like it) would send shudders down the spine of any Indian who believes that his or her nation is still a sovereign state:

"The most recent delay in this case stems from the apparent inability of the Supreme Court to in a panel of three judge bench in a timely manner and from the stay ordered of the enforcement proceedings by the Delhi High Court (White Industries Australia L imited and the Republic of India 2011: 104)."

Such criticisms from an international tribunal could potentially undermine confidence in the Indian judiciary system, both domestically and internationally. Investors and businesses may view these inefficiencies as barriers to conducting business or resolving disputes in India, which could have economic and diplomatic ramifications.

Conclusion
Globalisation having a huge impact on the economy, politics and culture of any country all these factors need to be considered during framing of law. As we know, that law changes with change in society and globalisation is a factor which leads to change in society. So, when our society believes in socialism then law also needs to be changed in accordance with the principle of socialism, and when our society inclined with individualism or capitalism in those circumstances law also needs to be inclined with elements of capitalism therefore change in law directly affects judicial process and administration of justice. Globalisation also affects political sovereignty, for mutual development states come together and surrender their political right or law making power in a new international body.

European Union, in a shining example of it, member states surrendered their sovereign right to make law into the legislative body of the union, however the union had been given power to make law in regard to commercial law. Some experts also argue that some small countries use their sovereignty as a tool of negotiation. Countries situated at strategic positions on the globe take advantage of their voting power at different platforms at international level. It is well proved fact, that more or less globalisation having significant impact of globalisation on sovereignty and impact on sovereignty directly affects law and any change in law leads to change in judicial process and justice delivery system.

Globalization has led to increased economic integration among nations through trade agreements, multinational corporations, and financial markets. This integration necessitates legal frameworks to regulate cross-border transactions, resolve commercial disputes, and protect intellectual property rights. Legal systems must adapt to accommodate the complexities of international trade and commerce, often by harmonizing laws and adopting international legal standards.

Globalization has facilitated the movement of people, goods, and capital across borders, but it has also created new challenges related to transnational crime, terrorism, and cybersecurity. Legal systems must respond to these challenges by enhancing cooperation among law enforcement agencies, harmonizing criminal laws, and strengthening extradition and mutual legal assistance mechanisms. Additionally, the emergence of cybercrime requires legal frameworks to address issues such as data protection, online fraud, and digital piracy.

Definitely globalisation has its own cons like it does impact the judicial as well as state sovereignty of the state but it cannot be denied that it also has many positive impacts, now governments can pull out their involvement from various fields and leave it for market regulation and can focus on sovereign functions as well.

End-Notes:

1. James H. Mittelman The Globalization Syndrome: Transformation and Resistance Princeton university press, united states , 2000.
2. Available at : https://expertpreviews.com/definition-of-globalization-by-different-authors/,( last visited on Mar.23,2024).
3. Ibid.
4. K.G. Balakrishnan, "Justice in the 21st century: The challenge of globalisation", Introductory note for the plenary session at the Qatar Law Forum (Doha, Qatar), (May 2009).
5. Supra note 4.
6. Supra note 4.
7. Availaible at : https://main.sci.gov.in/pdf/speeches/speeches_2010/paper_for_belarus_conference_15-4-10.pdf/,( last visited on Mar.23,2024).
8. Ibid.
9. Anne-Marie Slaughter "A Typology of Transjudicial Communication", 29 U. Rich. L. Rev. 99 (1994). Available at: http://scholarship.richmond.edu/lawreview/vol29/iss1/6 (last visited on march 24 ,2024)
10. Ibid.
11. Supra note 7.
12. K. G. Balakrishnan "The Role of Foreign Precedents in a Country's Legal System" 22(1) National Law School of India Review, 2010, available at : http://www.jstor.org/stable/44283711( last visited on march 24,2024).
13. Amit Kumar ,Patla Patil "Impact Of Globalisation On Law And Justice Delivery System" 24 Supremo Amicus (2021).
14. Ibid.
15. Supra note 13.
16. Hilalz, "Legal Issues of globalisation, Legal India", The legalserviceindia ,available at:http://www.legalserviceindia.com/legal/article-69 legal-issues-of-globalization.html. (last visited on march 24,2024)
17. Hague Conventions (1899 and 1907).
18. Supra note 13.
19. Spardha Jayswal ,"Globalization's Impact On Judicial Process And Justice Administration" 4(1 )Indian J.L. & Legal Rsch. (2022),available at : https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals%2Finjlolw4§ion=146 ,( last visited on March 24,2024).
20. availaible at :https://www.amt-law.com/en/services/practices/dispute-resolution/international-litigation-and-cross-border-disputes( last visited on March 24,2024).
21. available at: https://www.jstor.org/stable/1946567 (last visited on March 24,2024)
22. Ibid.
23. Available at: https:// main.sci.gov.in/pdf/speeches/speeches_2010/paper_for_belarus_conference_15-4-10.pdf(last visited on March 24,2024).
24. available at :https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2806503(last visited on March 24,2024).
25. available at :https://nhrc.nic.in/press-release/important-judgment-supreme-court-india-2( last visited on March 24,2024).
26. available at : https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2806503( last visited on March 24,2024).
27. Availaible at :https://www.scconline.com/blog/post/2023/02/07/justice-kishan-kaul-asserts-that-supreme-court-cannot-be-immune-to-process-of-globalisation-legal-news-legal-research-updates-73-anniversary-supreme-court-india-justice-sundresh-menon-chief-justice-si/( last visited on March 24,2024).
28. J. Venkatesan "courts apathetic to sacking under cover of globalisation: Supreme Court" The Hindu January 30, 2010, availaible at : https://www.thehindu.com/news/national/Courts-apathetic-to-sacking-under-cover-of-globalisation-Supreme-Court/article16840394.ece ( last visited on March 24,2024).
29. AIR 1996 SC 2715.
30. AIR 2010 SC 35.
31. 2015 SC 1523.
32. AIR 2018 SC 4321.
33. AIR 1993 SC 477.
34. PCA Case No. 2009-04.
35. P K Suresh Kumar, "Globalisation and judicial sovereignty of India, campaign for judicial accountability and judicial reforms" (2016) available at : https://judicialreforms.org/globalisation-and-the judicial-sovereignty-of-india. (last visited on April, 21, 2024).

Written By: Neha, LLM Student At Indian Law Institute
Email: [email protected]