Chief Justice of Bangladesh Obaidul Hasan presided over the programme.
Dhaka:
Chief Justice of India DY Chandrachud on Saturday said both India and Bangladesh share a tradition of constitutional and judicial systems primarily aimed at ensuring stability and both countries recognized their constitutions as “living documents”. Is. “Our shared tradition aims to ensure stability, but when stability is desired, stability should never be confused with stagnation,” Chandrachud said at the concluding ceremony of the two-day conference here in the presence of Bangladesh Prime Minister Sheikh Hasina. Needed.” , who was the chief guest.
“We believe that our Constitutions are living documents. The constitutions of Bangladesh and India declare that they are ‘given to the people by the people themselves’ as citizens of sovereign nations, Chandrachud said.
Chief Justice of Bangladesh Obaidul Hasan presided over the programme. Judges of Bangladesh’s top court attended the conference, which was joined by several jurists, senior lawyers and government leaders, including Law Minister Anisul Haq.
Earlier on Friday, Bangladesh President Mohammad Shahabuddin inaugurated a two-day conference on ‘South Asian Constitutional Courts in the Twenty-First Century: Lessons from Bangladesh and India’. CJI Chandrachud said the Indian and Bangladeshi court systems should encourage increased practice of arbitration for dispute resolution, shun “adversarial litigation” and said, “Adversarial litigation in India and Bangladesh is a colonial import (where) a One person wins and the other person loses in court.” There were other alternative forms of dispute resolution such as arbitration which was “the traditional form of dispute resolution in our society” and emphasized that “it is important to build on what we have.” The CJI said that arbitration has re-emerged with greater legitimacy to meet modern challenges such as matrimonial disputes, while the system is in line with South Asian social norms.
Chandrachud explained how the role of judges was changing in the post-colonial period (in both countries), saying, “Our traditional role is to resolve the dispute between ‘A’ and ‘B’, but now judges also This should be done. Play the role of facilitator. “In the colonial period, judges had completely different functions.” “Today, we need to ensure that we focus on the needs of our society, ensuring social development and social progress by bringing our marginalized groups into the mainstream,” he said.
Chandrachud said that what the Proclamation meant was that the constitutions were not like the charters of the colonial period, which were more inclined to consolidate the power of the colonial rulers than the welfare of the people.
He also drew attention to the fact that the constitutional courts of India and Bangladesh continue to closely follow and share each other’s judgments and decisions on common issues such as fundamental rights, equality of rights and principles on death penalty reference or PIL . Same principle.
“(But) as we gather our similarities and identify our differences, we must strike a delicate balance. We should neither hide the details nor focus on them,” he said.
In his address. Prime Minister Hasina said her government has made the judiciary completely independent, separating it from administration by allocating a separate budget for it.
“Apart from ensuring the independence of the judiciary, the government has also made the Election Commission independent of the electoral system so that it can properly ensure the rights of the people,” the official news agency Bangladesh Samgabad Sanstha (BSS) reported. As Hasina said.
The Prime Minister also said that she wants the people of her country to get justice and said, “Like us, they too will not have to become victims of injustice. Therefore, the right to justice and the democratic, economic, social and cultural rights of the countrymen have to be ensured.”
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
