International Journal of All Research Education and Scientific Methods (IJARESM),

ISSN: 2455-6211, Volume 11, Issue 5, May-2023, Available online at: www.ijaresm.com

Indian Justice System VIS-À-VIS Impact of

Globalization: A Critical Study
Adv. Naveen Saju
Lawyer, District and Sessions Court, Idukki, Kerala

--------------------------------------------------------------****************----------------------------------------------------------

“It has been said that arguing against globalization is like arguing against the laws of gravity”
– Kofi Annan

ABSTRACT

Globalization is considered to be a global phenomenon which is not at all restricted by any territorial jurisdictions
or territorial laws of any particular nation. The twentieth century plays a very crucial role in the adaptation of the
concept of globalization all over the world which actually helps to bring the world into a global village where there
are transnational and supranational relationships with all the nations in the world. In one way, the globalization
helps to bring peace and harmony among various nations in the world since it is very evident that after the
emergence of globalization, no further world war has broken out yet since many nations will be affected with such
an incident if happens after globalization takes place all over the world. Even though globalization has large scale
positive impacts in the nation, the major adverse impact of globalization is that it will at certain times shatter the
basic ideology of democracy as well as the cardinal principle of rule of law since there is no defined territory,
particular population and a popular common sovereign for the good governance of the nation. Here comes the role
of administration of justice in a globalized nation where the justice system plays a crucial role for keeping up the
rule of law democracy even when the nation is globalized. As per the theory of justice by Sir John Rawls, it clearly
mentions that the principles of justice are not at all delimited to any particular nation or people residing over there
but it is much more extended whole acceptance of universal human rights which can be considered to be the corner
stone of every democratic nation.

KEYWORDS: Globalization, Law and Justice, Theory of Justice, Democracy, Rule of Law, Human Rights, Social
Justice

INTRODUCTION

The globalization can be considered as the path-changing revolution which takes place in the last century across the world
since it makes a huge impact not only at the national level but as a global level across the nations all over the world. In
order to have a good globalized economy, there should need to have a truthful and harmonious relationship between various
leaders across various nations in the world. The concept of globalization thus not only expands the idea of free market
economy but it also promotes the idea of global justice and the acceptance of the basic universal human rights all around
the world. Every nation who is a part of the globalization in one way or the other must need to follow certain rules and
regulations with respect to the functioning of the market economy, the law and justice system of the concerned nation, the
administration as well as the governing structure of a particular nation is connected with each other. Thus, the global justice
system must need to be protected in this globalized era since that will lead to the supranational as well as the cross-border
relationships between various nations.1 The global justice is a concept which can be derived through the wider and liberal
interpretation of the system of globalization which happens across the world.

The basic accept of global justice is to acquire justice by all and thereby to ensure justice for all. At most of the times, the
concerned government of the nation is duty bound to enforce and protect the rights of the citizens of the nation and the
government must need to provide adequate justice and helps the common citizens to render justice with the aid and help of

1
Jon Mandle, Globalization and Justice, The Annals of the American Academy of Political and Social Science, July, Vol.
570, pp. 126-139, (2000)

Page | 2655
 International Journal of All Research Education and Scientific Methods (IJARESM),
ISSN: 2455-6211, Volume 11, Issue 5, May-2023, Available online at: www.ijaresm.com

various institutional mechanisms of the concerned nation. 2 After the rapid liberalization and globalization takes place in the
whole world, the concept of global justice emerges where the justice is also being expanded and widely interpreted across
the nations, that is, a form of cross-border or transnational relationships can be identified in the global justice system as
well like that of the globalization process which takes place across the nation. Thus, if we are looking from the Indian
scenario of justice administration, we will come to know that the globalization makes some radical changes even in the
administration of justice in a nation like India as well. After the emergence of the concept of globalization, the judiciary
gets also affected with such a transnational effect where various judicial pronouncements can be witnessed with the
elements of foreign decisions. Thus, the global justice system in India is also in the path of transition with the impact of
globalization but the basic cardinal rule of the democracy must need to be protected even if the globalization affects the
nation which may lead to very transformative radical changes.

GLOBALIZATION VIS-À-VIS GLOBAL JUSTICE

Globalization and global justice are the emerging factors which is governing the whole world without any limits or
territorial jurisdictions. The concept of globalization itself is to promote the equality and equal access to all possible
opportunities by all the people in and around the world. The global justice can be described as a method or mechanism in
which every person in the world is having the access to render justice in one form or the other through each and every
justice administration mechanism. The global justice can simply be defined as the method of accessing and procuring
justice for all and there will not be any disparity in providing justice to any sections of the society. The major aspect of
globalization itself is to bring different sections of the people from different corners of the world together and thereby to
minimize or shorten the distance between the haves and have-nots, that is, no form of discrimination to any one shall be
made on any basis such as race, caste, class or economic as well as social status. 3 The global justice is actually connected
with globalization because such form of justice can be delivered to each and every citizen of every nation in one form or the
other with the process of globalization.

The global justice as well as global politics are also relative as well as mutually co-existing concepts in which the politics
actually plays a key role in the administration of justice all around the world. The major objective of these sort of
globalization is to provide universal human rights to each and everyone and no one shall restrict any person from rendering
or claiming such human rights which is actually an inherent as well as a vested right with himself. 4 Thus, the concerned
political authority or the government of a particular nation is having a key role in order to regulate the justice administration
in that particular nation and since every nation in the present era supports the process of globalization, they should need to
act in a manner which favours the concept of global justice in a transnational and supranational manner. The impact of
globalization in the justice administration system all over the world are not at all minimal but the role played by these forms
of global organizations are very much important since in one way or the other, the globalization plays a key role in the
justice system of the concerned nation as well.

EQUALITY AND GLOBAL JUSTICE IN A GLOBALIZED ECONOMY

The equality principle is considered to be the age-old sacrosanct principle of every democratic nation and in India too, the
situation is not that much different where the principle of equality plays a very crucial role in the justice administration and
overall regulation of the nation. Here, we can also connect with the idea of rule of law as well since in a globalized
democratic nation like that of India, the cardinal principle of rule of law is very much important since all must need to be
equal before the law and no one shall be treated above the law including the king or the concerned sovereign of the nation
who is considered to have the chief sovereign power in that particular territorial jurisdiction. While looking into the aspect
of a globalized economy, we cannot actually point out such a sovereign or a person in power as the sovereign head and thus
there a question may get raised due to the implementation of rule of law in a globalized economy.

For every globalized economy who should need to acquire the status of equality and equal protection for every citizen, the
rule of law must need to be protected and the government from time to time must need to make adequate laws and

2
Cindy Holder, Global Justice Beyond Distribution: Poverty and Natural Resources, Public Affairs Quarterly, January,
Vol. 26, No. 1, pp. 33-44, (2012)
3
Thom Brooks, Globalization and Global Justice, Public Affairs Quarterly, July, Vol. 28, No. 3, pp. 193-196 (2014)
4
Fred R Dallmayr, Globalization and Inequality: A Plea for Global Justice, International Studies Review, Summer, Vol. 4,
No. 2, International Relations and the New Inequality, pp. 137-156 (2002)

Page | 2656
 International Journal of All Research Education and Scientific Methods (IJARESM),
ISSN: 2455-6211, Volume 11, Issue 5, May-2023, Available online at: www.ijaresm.com

regulations which protects the interests of the citizens of the nation rather than the vested interest of the government which
may get changed from time to time based on some ulterior political intentions as well as hidden agendas. 5 The major
drawback about globalization which several critiques have pointed out is that sometimes the globalization will negatively
affects the societal development in terms of equality principle, that is, simply we can say that the globalization may tend to
increase the social gap between the people who are living in and outside the nation and they will not get prominent or
adequate representation in front of the whole world even though the principle of democracy as well as equality is being
followed. Thus, to an extent, we can say that through such globalization activities, there are high chances to have more
disparity including the social inequalities between various persons including the citizens who are residing in this nation.
Thus, the globalized economy should also need to ensure that there is proper rendering of justice all over in the nation since
the globalization will open the market for a free trade with a free economy thereby increases the chances for deceiving and
to get deceived through various activities by the people in terms of globalization. Being a democratic nation, India should
thus need to uphold the principle of equality and such equality should need to be ensured in between all sort of people.

GLOBALIZATION AND INDIAN JUSTICE SYSTEM

The Indian justice system is considered to be one among the most advanced justice system all over the world and even
some of the landmark judicial pronouncements made by the judicial wing of India is even considered to have that much
relevance in both western as well as American countries who follows such decisions or will take those decisions as a
sacrosanct principle to lay down justice administration in their own nation for proper and effect good governing system.
The Indian judicial system is having a very strong legacy and we have taken the said functioning of judicial system from
the Britishers who were also having a very codified and structured judicial system in England even during the colonial
administration period all over the world.

Being a country under the colonial rule till 1947, India also follows several principles in the justice administration system
as that of those which are being followed in England from to time. The concept of globalization is closely connected and
interlinked with the globalization, social justice as well as the democracy of that particular nation and each thing must need
to go hand-in-hand with another in order to have a proper outcome and proper justice rendering system. 6 In a country like
India where the judiciary plays a very key role in the administration and rendering of social justice in the system, the
judicial wing must need to be more vigilant in supporting the social justice structure. The government should need to
function in an effective and efficient manner since the people residing in the nation will have faith on such a democratically
elected form of government who is supposed to be a responsive government which is representative as well as responsible
in nature. Thus, a proper Indian justice administration system will be visible only if sufficient role of judiciary is there. The
aspect of globalization in the modern contemporary society is also very much important since being in a democratically
accepted society and a nation with such an open market facility to the other nations in terms of globalization, the nation
should need to be sufficient enough to provide and render justice to all. 7 There should not be any sort of disparity or
segregation while rendering justice to the people either of who arise residing in the nation or those who are not in the nation
but the cardinal principle of rule of law along with the democratic principles must need to be protected in order render a
proper justice for the needy and thereby to protect the social justice and social order of the nation.

GLOBAL JUSTICE IN CONTEMPORARY WORLD

The globalization has laid down huge impacts in the contemporary society since every nation in the world is now acting as
a globalized economy where each nation is having some sort of connections with some other nation which includes trade
relations or economical exchanges which in one way or the other affects the total administration of social justice all over
the world. In the contemporary world, a nation who is not all ready to be globalized is considered to be nation who should
need to be segregated from all sort of social as well as economic development because nowadays, it is not at all possible for
a nation without being globalized.

The social justice system which is rendered through all over the world is actually a result of globalization process. This is

5
Simon Caney, Global Interdependence and Distributive Justice, Review of International Studies, April, Vol. 31, No. 2,
pp. 389- 399, (2005)
6
Gowher Rizvi, Emergent India: Globalization, Democracy, and Social Justice, International Journal, Autumn, Vol. 62,
No. 4, India Emerging: Strength and Challenge, pp. 753-768 (2007)
7
Wilfried Hinsch, Global Distributive Justice, Meta philosophy, January, Vol. 32, No. 1/2, pp. 58-78 (2001)

Page | 2657
 International Journal of All Research Education and Scientific Methods (IJARESM),
ISSN: 2455-6211, Volume 11, Issue 5, May-2023, Available online at: www.ijaresm.com

because of the fact that before globalization was there in the nation, there is no uniform set of or codified laws and
legislations which regulates the total administration of the nation while after the globalization takes place, every nation has
come together as a single entity, where they commonly refer to themselves as a more globalized economy who will come
under the purview of the global village concept.8 The concept of globalization thus can be considered as the modern-day
principle for modernization as well as to implement the philosophies of liberalization processes. The global justice is
actually a term which is having a very wider ambit than that we see in a narrow meaning. Through such a social global
justice, the basic inherent as well as inalienable rights of the citizens of the nation can be protected to a great extent and the
concept of universal human rights can also be established in order to protect the basic rights of the citizens those who are
actually residing in the nation. Thus, through a globalized economy like that of in the contemporary world, the concept of
social justice must need to be much more emerged and the people should need to look after the administration of proper
justice and social order in their nation by proper methods of rendering justice from the concerned nation.

CONCLUSION AND SUGGESTIONS

In a very vast democratic nation like India, the globalization plays a very key role and the impact of globalization in the
economy as well as in the overall legal as well as the political structure of the nation is very much important. The social
justice must need to be protected in every nation and the government must need to take adequate care while rendering
justice to each and every one residing in the nation. Even though the globalization is having many greater and good impacts
on the society, at certain times, several sort of adverse as well as the negative impacts may also hit the nation with respect
to this globalization and administration of global justice. 9 Thus, the concerned judicial system as well as the government of
the nation must need to make proper and adequate measures in order to render justice for the whole nation.

The government in a globalized economy should also need to be open towards criticisms and suggestions since being in a
global economy, we cannot treat a nation as a single entity but it is actually a collection of different entities where there will
be influence of one or more nations in the matters relating to the administration of justice, law and order as well as the
policies relating to the market fluctuations in a particular nation. 10 Thus, in a democratic nation like India who accepts the
globalization principles and who is open for free market trading, the government from time to time must need to make
adequate laws and regulations in order to properly guide the justice administration system in India and thereby the
government must need to ensure that every citizen of the nation is equally represented in the eyes of law and no one shall be
discriminated on any basis which is actually against the principles of democracy as well as to that of the rule of law.

LITERATURE REVIEW

1) Simon Caney, Global Interdependence and Distributive Justice, Review of International Studies, April, Vol. 31, No. 2,
pp. 389- 399, (2005), https://www.jstor.org/stable/40072105

The concept of distributive justice is very much interlinked and closely associated with the process of globalization since in
one way or the other, through the process of globalization, the whole world now comes as a single market entity which is
commonly referred to as a global village and thus the justice administration system will be distributed all over the world
which is commonly referred to as the distributive justice system. Thus, the globalization plays a very crucial role with
respect to the administration of justice and distributive justice all over the world irrespective of any other factor rather than
globalization.

2) Jon Mandle, Globalization and Justice, The Annals of the American Academy of Political and Social Science, July,
Vol. 570, pp. 126-139, (2000), https://www.jstor.org/stable/1049245

The globalization and justice are not two separate concepts but both the concepts are coming under the same institution of
law and order which should need to go hand-in-hand with each other. The major objective of globalization is to have
transnational as well as supranational activities which will ultimately results in the overall economic development of each

8
Piotr Konieczny, Joining the Global Village: Teaching Globalization with Wikipedia, Teaching Sociology, October, Vol.
45, No. 4, pp. 368-378, (2017)
9
Tim Dunne, The Spectre of Globalization, Indiana Journal of Global Legal Studies, Fall, Vol. 7, No. 1, pp. 17-33, (1999)
10
Gerald K Helleiner, Markets, Politics, and Globalization: Can the Global Economy Be Civilized? Global Governance,
July–September, Vol. 7, No. 3, pp. 243- 263, (2001)

Page | 2658
 International Journal of All Research Education and Scientific Methods (IJARESM),
ISSN: 2455-6211, Volume 11, Issue 5, May-2023, Available online at: www.ijaresm.com

and every nation who became a part of this globalization process. There are constant differences as whether the
globalization will support the homogenization of various cultural diversities which exits from time immemorial or whether
it may lead to further heterogenous cultures which will be evolved due to the process of globalization.

3) Cindy Holder, Global Justice Beyond Distribution: Poverty and Natural Resources, Public Affairs Quarterly, January,
Vol. 26, No. 1, pp. 33-44, (2012), https://www.jstor.org/stable/41698214

The concept of globalization is very much simple as that of it promotes the overall distribution of goods and services all
over the world and there will be an open market system without much restrictions. The ambit of globalization is closely
connected with the social justice system which exists in the nation. This is because of the fact that the global justice is not
only delimited to the subject of universal human rights but it also widely promotes the distribution and rendering of justice
to various groups in the society where several miserable conditions like poverty and hunger can also be alienated through
the process of globalization which can be considered as one of the positive impacts of globalization in the whole society.

4) Gowher Rizvi, Emergent India: Globalization, Democracy, and Social Justice, International Journal, Autumn, Vol. 62,
No. 4, India Emerging: Strength and Challenge, pp. 753-768 (2007), https://www.jstor.org/stable/40204335

The globalization plays a very key role in the administration of justice in the nation. This is because of the fact that the
modern-day India is all connected and interlinked with the idea of globalization, democracy as well as the social justice
which will affect the law-and-order system of the nation. The changing government from time to time shall make adequate
rules and regulations in order to properly guide the same. The market should be open for the purposes of globalization but it
should in anyway affect the democratic structure as well as the social justice system of the whole nation.

5)Thom Brooks, Globalization and Global Justice, Public Affairs Quarterly, July, Vol. 28, No. 3, pp. 193-196 (2014),
https://www.jstor.org/stable/43574657

The globalization is considered to be the process to shorten the distance between the people as well as between various
nations in the whole world because through the implementation of the policies for the globalization process across the
whole world, the people are becoming more closer in contact as well as several new international institutions are being
setup across the nations and several age-old international institutions again restarted to work properly. The author here in
this research work specifies how the global justice administration is connected with the process of globalization from time
to time.

6) Fred R Dallmayr, Globalization and Inequality: A Plea for Global Justice, International Studies Review, Summer,
Vol. 4, No. 2, International Relations and the New Inequality, pp. 137-156 (2002), https://www.jstor.org/stable/3186358

The concept of globalization as well as the theory of democratization are closely connected and interlinked with each other
where the concerned government in that particular democratic nation is having a very crucial role to balance both of them
in a proper manner. At certain times, the biggest threat to a democratic nation is the globalization itself since with the rapid
advancement and increasing influences of globalization in the whole world, there is heavy chances for dilution of the pure
principle of democracy which is being followed in a nation. Thus, through the proper administration of global justice, every
nation tries to reduce the inequality which may be there due to the globalization processes.

Page | 2659