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India, Bangladesh recognise their constitutions as 'living documents': CJI Chandrachud
2/24/2024 9:57:20 PM
Agencies
DHAKA, Feb 24: Chief Justice of India D Y Chandrachud on Saturday said both India and Bangladesh share the tradition of constitutional and judicial systems largely aiming to ensure stability and both nations recognised their constitutions as "living documents." "Our shared tradition aims to ensure stability, but when stability is desired, the stability must never be confused with stagnation," Chandrachud said as he spoke at the valedictory function of a two-day conference here in the presence of Bangladesh Prime Minister Sheikh Hasina, who was the chief guest.
"We recognise our constitutions are living documents. The constitutions of Bangladesh and India proclaim that they are 'given to the people by the people themselves' as citizens of sovereign nations," Chandrachud said.
Bangladesh's Chief Justice Obaidul Hassan chaired the event. Bangladesh's apex court judges took part in the conference, which drew many jurists, senior lawyers, and government leaders including Law Minister Anisul Huq.
Earlier on Friday, Bangladesh President Mohammad Shahabuddin opened the 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 the enhanced practice of mediation for dispute resolution, discarding "adversarial litigations" and added, "The adversarial litigation in India and Bangladesh is a colonial import (where) one person wins and another person loses in the court." There were other alternative forms of dispute resolution such as mediation which was the "traditional form of dispute resolution in our society" and asserted that "it is important to build on what we have." The CJI said the mediation reappeared with greater validity to face modern-day challenges like matrimonial disputes while the system suits the South Asian social norms.
Chandrachud pointed out how the judge's role in the post-colonial era was undergoing a change (in both countries) as he said, "Our traditional role is to resolve a dispute between 'A' and 'B' but now the judges
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