'The only factor is delay'
What is the judiciary's role in the globalization of the economy?
It is a political issue. It's a decision to be taken by the Executive and they have taken the decision in favor of globalization. The judiciary has no role to play in this.
We are discussing issues arising out of globalization, arising out of foreign investments in our country, issues that arise out of international commercial arbitrations, the issues of intellectual property.
Delay is one important issue. The delay in judicial decisions may deter some foreign businesses from coming to the country. The delay undoubtedly is there for various reasons. Many steps have been taken to tackle the problem of delay. We are now trying to carve out some fast track channels for these cases on priority basis.
I feel as the head of India's judiciary that apart from the fact there's a fundamental right of everyone to expect expeditious disposal of his complaint, these cases arising out of globalization should be placed on a fast track so as to instil confidence (among Indian and foreign investors).
I am proud, as the world also knows that the Indian judiciary is 100 percent independent and transparent. That it is committed to the rule of law and these people (investors and others) have full confidence in the Indian judiciary.
The only factor is delay. These people have to be assured that their dispute related matters would be put on the fast track as that will help directly or indirectly the globalization of the economy. This kind of confidence will definitely help all the players.
There are projects in India but arbitration is somewhere outside the country. If we are able to pass that hurdle and arbitration is in India, we have the advantage of the English language, and the legal system in India is less expensive compared to some Western countries, compared to even Singapore.
What is being done about the backlog of cases?
A number of measures are being taken to reduce the arrears of cases and to place some categories of cases on the fast track. Some fast track courts are already in position and some more are proposed to be created. The main problem is shortage of judges.
For a billion people, the total number of judges is just 13,000. The modern technology of computerisation is also being used to monitor the cases to ensure their early disposal.
Proposals are under consideration for placing cases relating to intellectual property, foreign investment, commercial arbitration, including international arbitration, besides serious criminal cases such as sex abuse and rape on the fast track.
Image: The Supreme Court complex in New Delhi
Photograph: Ashok Vahie