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A dialogue with JC | Triumph at int’l court: It’s victory of India’s rising clout at global level

Justice Dalveer Bhandari represents international court. Hailing from Jodhpur, Justice Bhandari has come a long way. DNA Editor Jagdeesh Chandra in an exclusive interview with Justice Bhandari charts his journey to international court from a humble beginning

A dialogue with JC | Triumph at int’l court: It’s victory of India’s rising clout at global level
Jagdeesh Chandra-Dalveer Bhandari

Q: Heartily congratulation. How did this miracle happen that you got 183 out of 193 votes?

A: India is gaining respect in the world. Apart from 183 votes in the general assembly; all 15 members of the Security Council voted in our favour, which means that all the countries in the world wanted India’s representation in the international court.

Q: Whose victory was it goodwill or Indian diplomacy?

A: I believe it was victory of India’s rising clout. It was victory of Indian people.

Q: Do you think your own goodwill played a part in it?

A: Of course, to an extent that is a key aspect. There are huge expectations from so many countries. Besides, India’s justice system is quite old, it is therefore necessary to give it representation in the international court. They want to reap benefits of our justice system perhaps that was the reason behind the support from so many countries.

Q: Does this victory indicate a new global order?

A: I see a paradigm shift. Earlier, developed countries had a major say but now developing countries too must get attention and many are getting aware of it.

Q: How do you view India’s standing in international forums?

A: Thanks to its current image, India will play a key role in other international organisations.

Q: What is the basic mandate of this court?

A: Its basic mandate is to resolve disputes and tension between two countries amicably and establish peace. It was witnessed in many cases that International Court’s judgment reduced tension between two countries. Cambodia and Thailand accepted International Court’s decision on the temple issue.

Q: Terrorism is an international matter. Does it come under purview of International Court?

A: International Court decides cases between two countries, not the individual cases. ICJ can only decide a matter when the two countries give consent. It has jurisdiction but the ICJ functions on the basis of consent. Only after getting consent international board of justice decides a case.

Q: How will terrorism be controlled then? The world is facing many threats including nuclear threat whether Pakistan or North Korea. But, these matters are not seen in the ICJ?

A: It is quite an interesting question that the International Court has no power against contempt. When the court’s ruling is not accepted, there is no subsequent action. However, the Court has a reputation and its judgments generally get due respect from the countries. The court has played a major role in the world peace.

Q: Given the current status of judicial system and legal education in the country, do you feel there is need for improvement and reforms?

A: Legal education has somewhat changed. National law schools are providing quality education but scope of improvement is always there. We have to catch up with law universities in the world. The subjects taught in our law schools should have connection with problems of the society. We should train lawyers who can contribute in resolving problems in the society.  Law colleges should not spend much time on laws that are redundant.

Q: Questions have been raised about misuse of PIL. Do you think it has deviated from its objective?

A: PIL has enhanced Supreme Court’s reputation. If used honestly, it can do well for the society. There have been some instances of its misuse therefore the court will have to be alert to ensure the objective behind a PIL has no ulterior motive.

Q: Doesn’t judiciary get into role of executive through PIL?

A: The roles are defined in constitution. Moving beyond the limit is not correct but how to decide the limit.

Q: Children want to become lawyer instead of civil servants? What’s your thought?

A: It’s a relatively new trend because children are attracted to the high remunerations in this field.

Q: Given the lucrative salary and fee how will people get affordable justice?

A: Some lawyers charge too much and there is need to provide justice at affordable cost, which can be achieved by encouraging alternative methods including mediation and arbitration. Legal aid can be provided. Lok Adalat can be an effective tool.

Q: What is your contribution to Indian justice system?

A: The cases in which poor people got relief were the most satisfactory. There was rain basera case that benefited lakhs of people as central and state governments established many street shelter homes and provided better facilities like water and doctor in them. Asking the government to provide food grain at BPL rates in 50 poorest districts was also quite satisfactory. To find reasons for school dropout and instruction for construction of separate toilets for girls in colleges were also important.

Q: Does it hurt to hear about corruption in judiciary?

A: Yes, it hurts a lot. Selection of judges should be done carefully. It can resolve the problem to a large extent. Judiciary is quite important but not even one percent of budget is spend on it. Judges are over burdened. The judiciary and executive have to work in tandem.

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