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CJI Surya Kant at BRICS Forum: Timely Justice and Living Nalanda for Growth
Chief Justice of India Surya Kant has issued a powerful call for to evolve into a “living Nalanda University”, drawing inspiration from the ancient Indian centre of learning that once united scholars across civilisations. Speaking on the second day of the Chief Justices’ Forum at the , the CJI framed judicial cooperation as the unseen but indispensable foundation of economic progress—comparing the justice system to a “load-bearing wall” that holds up the entire structure of development.
The forum, which brought together chief justices and senior judicial leaders from member and partner nations, focused on four key areas: and international commercial disputes, , artificial intelligence and the judiciary, and in . The CJI’s remarks underscored a growing recognition that and timely are not merely procedural niceties but strategic imperatives for attracting foreign investment and fostering technological innovation.
A Vision of Judicial Dialogue
Justice Surya Kant invoked the spirit of Nalanda, which more than a millennium ago welcomed scholars from distant lands to debate and refine ideas without requiring them to first agree on a common system of law or philosophy. “What made Nalanda unique was that it did not require scholars to first agree upon a common system of law or philosophy before admitting them. Instead, it offered a healthy and hospitable space for disagreement and deliberation,” he said.
Drawing a direct parallel, the CJI urged that should similarly provide a space where different judicial traditions and legal systems can engage directly with one another. “That, I would submit, is the truest precedent for what Forum now seeks to do,” he added. “ should also be known as the living Nalanda University.”
This call for intellectual openness and cross-fertilisation resonates deeply with the forum’s objective of promoting mutual learning among nations with vastly different legal heritages—from the civil law systems of Brazil and Russia to the common law traditions of India and South Africa, and the Islamic law influences in Egypt and the UAE.
The Load-Bearing Wall of Economic Growth
In a striking metaphor, the CJI described the justice delivery system as a load-bearing wall in a building. “Although it may not always be visible, the structure cannot stand without it,” he observed. He went on to stress that uncertainty over how swiftly and fairly a dispute would be resolved imposes a hidden cost on businesses and foreign investors—manifesting as higher risk premiums, additional security requirements, and more stringent exit clauses.
“Courts that deliver judgments swiftly, consistently, and in language the world can rely upon, are capable of removing that hidden cost altogether,” Justice Surya Kant asserted. This theme of timely, predictable, and consistent justice as a catalyst for economic development echoed throughout his address. He linked effective justice delivery directly to technological progress, in , and goals.
The remarks align with global research showing that correlates strongly with foreign direct investment and entrepreneurial activity. For legal professionals, the message is clear: procedural reforms that reduce pendency and enhance predictability are not just administrative improvements but economic multipliers.
Four Pillars of Deliberation
The substantive sessions of the Chief Justices’ Forum revolved around four interconnected themes, each with significant implications for cross-border legal practice.
and International Commercial Disputes: Delegates examined as a strategic mechanism for resolving international commercial disputes, recognising its potential to preserve business relationships and reduce litigation costs. The discussion highlighted the need for harmonised frameworks across nations to facilitate smoother cross-border commerce.
: A key challenge in international is the enforcement of awards across jurisdictions. The forum explored greater , building on the framework, to overcome obstacles that currently fragment the landscape.
Artificial Intelligence and the Judiciary: The AI session addressed both opportunities and risks. Discussions covered AI-assisted case listing and triage, predictive analytics for court management, and the potential for digital tools to reduce backlog. However, participants emphasised that human judgment must remain central to judicial decision-making, a principle that will shape any future adoption of AI in courts.
and : The final session focused on and the judiciary’s role in the global . As countries shift towards solar, wind, and other renewable sources, courts will increasingly handle disputes involving renewable infrastructure, forests, wildlife, and water bodies. The forum called for proactive in balancing development with environmental protection.
Global Judicial Participation
The forum drew participation from an impressive array of judicial leaders. Justice Luiz Edson Fachin, President of the , called for and greater international collaboration, stressing the importance of amid global instability. Justice Zhang Jun, Chief Justice of China, highlighted rule-based international trade and the growing role of AI in judicial functioning.
Other notable speakers included Justice Boulos Fahmy Iskander Boulos of Egypt, who advocated for a free and fair legal system with a common global voice; Justice Tewodros Meheret Kebede of Ethiopia, who linked the to economic development; and Justice Sunarto of Indonesia, who called for a durable platform for judicial dialogue. Justice Gholam Hossein Mohseni-Eje’I of Iran raised concerns over and , while Justice Igor Krasnov of Russia emphasised ’ role in promoting a multipolar world.
Justice Mahube Betty Molemela of South Africa and Justice Mohammed Hamad Al Badi Al Dhaheri of the UAE added perspectives on and the integration of digital technology with human judgment. Partner nations including Belarus, Bolivia, Kazakhstan, Malaysia, Thailand, Uganda, and Uzbekistan also sent senior judicial representatives, underscoring the forum’s expanding reach.
Implications for Legal Practice and Judicial Cooperation
The CJI’s vision of a “living Nalanda University” for carries profound implications for legal professionals across member states. It signals a shift from bilateral judicial interactions to a more structured, multilateral platform for sharing best practices, harmonising procedural rules, and building trust among disparate legal systems.
For lawyers practising in cross-border disputes, the emphasis on and suggests that mechanisms will gain further traction within . The focus on AI may accelerate digital transformation in courts, potentially altering litigation strategies and case management approaches. Meanwhile, the attention to indicates that environmental law will become an increasingly prominent area of judicial engagement.
The forum also reinforces the message that and efficiency are not internal matters alone—they have direct externalities on trade, investment, and international relations. As the CJI put it, “Let us enter our deliberations with that ethos—open, rigorous, and inspired by the pursuit of a higher good.” For the legal community, that pursuit is now firmly linked to the economic and technological aspirations of the world’s largest emerging economies.
