CJI Surya Kant calls for healthy disagreement, deliberation at BRICS Chief Justices’ Forum

New Delhi, Sep 5 (AHN) Chief Justice of India (CJI) Justice Surya Kant on Saturday called for a culture of healthy disagreement and deliberation among judicial institutions, stressing that timely and predictable delivery of justice is essential for strengthening the rule of law.

Addressing Heads of Delegations and delegates from BRICS member states and partner countries on the second day of the BRICS Chief Justices’ Forum in New Delhi, CJI Kant drew a parallel with the ancient Nalanda University and said BRICS should evolve as a similar space for dialogue and exchange.

Recalling the global stature of Nalanda University, the CJI said students and researchers from across the world were admitted there without discrimination or barriers. "What made Nalanda University truly unique was that it never asked its scholars to first agree upon a Common System of Law or philosophy before it admitted them," CJI Kant said.

He added that Nalanda instead offered "a healthy and hospitable space for disagreement and deliberation". "BRICS should also be known as the living Nalanda University," CJI Surya Kant said.

The CJI's remarks came as the three-day BRICS Chief Justices’ Forum, being hosted by the Supreme Court of India from September 4 to 6, brought together judicial leaders from BRICS member states and partner countries to deliberate on contemporary challenges facing justice delivery and judicial cooperation.

The second day of the Forum saw addresses by judicial leaders from Brazil, China, Egypt, Ethiopia, Indonesia, Iran, Russia, South Africa, the UAE and partner countries including Belarus, Bolivia, Kazakhstan, Malaysia, Thailand, Uganda and Uzbekistan.

The President of Brazil's Supreme Federal Court, Luiz Edson Fachin, in a video-recorded address, called for multipolarity and greater international collaboration, stressing the importance of international law amid global instability and transition and the need to uphold the rule of law in the international order.

China's Chief Justice and President of the Supreme People's Court, Zhang Jun, highlighted judicial cooperation as a valuable contribution to member nations and called for solidarity and cooperation among BRICS member and partner states. He also stressed the need to promote rule-based international trade and commerce amid industrial transformation, besides underlining the judiciary's role in advancing social equity and justice.

China's Chief Justice also spoke about the growing role of Artificial Intelligence in judicial functioning and the expanding role of judiciaries in resolving cross-border commercial disputes. He called for greater cooperation among legal systems to contribute to the formation of a "world judicial civilisation".

The Chief Justice of the Supreme Constitutional Court of Egypt, Boulos Fahmy Iskander Boulos, spoke about the need for a free and fair legal system with a common global voice, while Ethiopia's Federal Supreme Court President Tewodros Meheret Kebede focused on Alternative Dispute Resolution mechanisms and the link between the rule of law and economic development.

Indonesia's Chief Justice Sunarto called for the exchange of best practices and a durable platform for judicial dialogue among member nations. Iran's Chief Justice Ayatollah Gholam Hossein Mohseni-Eje’i said BRICS was shaping economic and political developments and raised concerns over violations of human rights, sovereignty and territorial integrity, as well as humanitarian crises and displacement of civilians.

Russia's Chief Justice Igor Krasnov highlighted BRICS' role in ensuring cooperation and promoting a multipolar world, while South Africa's Supreme Court of Appeal President Mahube Betty Molemela called for greater cooperation on international issues and underlined the judiciary's role in ecological governance.

UAE Federal Supreme Court President Mohammed Hamad Al Badi Al Dhaheri said arbitration and mediation were integral to the modern economy. He also pointed out that while digital technology and AI were advancing justice delivery systems, these technologies should not eliminate the human element from the process. He further stressed the importance of environmental law in protecting the rights of future generations.

The deliberations during the Forum covered four substantive themes -- mediation and international commercial disputes, cross-border enforcement of arbitral awards, Artificial Intelligence and the judiciary, and judicial leadership and sustainable development.

The sessions examined mediation as a strategic mechanism for resolving international commercial disputes, challenges in enforcing arbitral awards and prospects for procedural harmonisation, the impact of AI and digital innovation on judicial administration, and the role of judicial leadership in ecological governance and sustainable energy systems.

The deliberations came a day after CJI Surya Kant held bilateral meetings with judicial leaders from BRICS member states and partner countries, with discussions focusing on strengthening judicial cooperation, mediation and arbitration, commercial courts and the use of AI in justice delivery.

During the bilateral meetings, the CJI discussed the possibility of Memoranda of Understanding for judicial cooperation, mutual recognition of judicial awards and decrees, and exchange of best legal practices among participating countries. He also stressed the importance of efficient commercial courts to enhance the confidence of foreign investors and explored the possibility of creating common platforms for arbitration and mediation to resolve commercial disputes.

The CJI further discussed the use of institutions such as the National Judicial Academy, Bhopal, for professional exchange programmes and the possibility of holding bilateral conferences on contemporary legal issues.

The Forum concluded the day's deliberations with an emphasis on deeper judicial dialogue, exchange of experiences and cooperation among BRICS member states and partner countries on emerging legal and institutional challenges.