Judiciaries thrive through collaboration and mutual respect: CJI Sanjiv Khanna

New Delhi: Judiciaries thrive through collaboration and mutual respect and the signing of a MoU with the Supreme Court of Nepal will build institutional comity for the future, Chief Justice of India Sanjiv Khanna said on Monday.

The signing of the memorandum of understanding (MoU) is not a mere formal exchange but the reaffirmation of a centuries-old bond, renewed with a spirit of collaboration, mutual respect and shared purpose, he said at the event.

"India and Nepal are more than just neighbouring countries. Our connection is etched in history and civilisational values. From the sacred Himalayas to the spiritual heritage of Gautam Buddha, our ties transcend borders and have withstood the test of time. These ties are not only visible in our traditions but also in the institutions that underpin our democracies," Chief Justice of India (CJI) Khanna said.

"Among these institutions, the judiciary holds a sacred place. It guards the Constitution, upholds the rule of law, and ensures justice for all. It is in this context that the evolving cooperation between our judicial institutions carries significance," he said.

CJI Khanna said the legal systems of both countries had always been in dialogue and many distinguished members of the Nepali Bar and Bench had received legal education in Indian universities.

"They returned not only with degrees but also with an understanding of our shared legal heritage. It is a legal heritage that is grounded in the principles of constitutionalism and the rule of law," he further said.

The CJI noted Indian courts had drawn on Nepalese judgments for their nuanced interpretations.

"For example, in Navtej Singh Johar v Union of India, the Supreme Court of India referred to the judgment of the Supreme Court of Nepal in Sunil Babu Pant v Nepal government while decriminalising Section 377 of the Indian Penal Code. The Indian court noted the Nepalese judgment with approval, particularly drawing inspiration from how it linked the rights of LGBTQ persons to their right to privacy," he said.

"Similarly, our friends in Nepal have incorporated key Indian constitutional doctrines, including the celebrated doctrine of the Basic Structure, into their constitutional discourse. I am happy to note how some of the Indian constitutional principles have found a home in Nepal's jurisprudence," he added.

CJI Khanna noted that these jurisprudential exchanges were not merely coincidental but the natural result of an intellectual kinship between the jurists of the two countries.

He said, "These exchanges allow for a broader understanding of legal principles in a south Asian context. They ensure that our constitutional democracies are not insular but open to learning, adaptation and evolution."

"By engaging with jurisprudence from countries that share similar constitutional and democratic trajectories, we reinforce legal interpretations that resonate with our historical and social realities. This approach allows us to move beyond the inherited legal frameworks and develop jurisprudence that is rooted in our own experiences and values," he added.

CJI Khanna said the MoU was a step forward in "institutionalising our long-standing tradition of kinship".

According to the CJI, "Through it, we aim to create formal mechanisms for judicial exchanges, joint research, training programmes, seminars and visits. Such interactions are critical, not only for fostering better understanding between our legal institutions, but also for responding to common challenges such as access to justice, judicial delays, digitisation and the protection of constitutional rights in a rapidly changing world."

"Judiciaries thrive through collaboration and mutual respect. The strength of our future cooperation lies in the depth of our past. Our histories are not just parallel, they are intertwined. However, we owe it to the generations before us, and the ones to come, to carry forward this legacy with purpose and vision," he said.

The CJI further said regular and structured exchanges between the judiciaries of Nepal and India would serve not just academic or ceremonial functions but build institutional comity for the future.

"They will also foster regional judicial integrity and, most importantly, deepen the commitment to justice and the rule of law across our nations," CJI Khanna said.

"I look forward to a future where our judges, legal scholars and judicial officers engage more frequently, where they share ideas, best practices and jurisprudential insights. Let this MoU be the beginning of this new chapter, one that allows our judicial institutions to cross the Rubicon," he added.