India's judicial leadership takes spotlight at J20 Summit; what's the agenda?

The "J20—Summit of Heads of Supreme Courts and Constitutional Courts of G20 Members" will be held in Rio de Janeiro from May 12–14. With 20 heads of superior courts, including the Chief Justice of India, attending the event, the objective is "the exchange of ideas and initiatives concerning legal topics" of contemporary relevance.

The Summit has three key themes: "Promotion of citizenship and social inclusion by the Judiciary; Climate litigation and sustainable development; and Digital transformation and the use of technology to enhance judicial efficiency."

Considering the above, the J20 Summit deliberations hold the potential to play an impactful role in influencing India's Constitutional and judicial legacy while forging its future towards improving the rule of law.

India's rule of law: Challenges and opportunities

According to the World Justice Project Report (2023), India ranks 79th out of 142 in the Rule of Law Index. Recent developments within the political, legislative, social and economic spheres in India lend credence to the need for a renewed emphasis on citizenship and social inclusion; especially in light of various complex ongoing legal issues like the Citizenship (Amendment) Act, 2019. The sharing of experiences and best practices arising out of the J20 this year could be insightful for courts to adopt more diverse and innovative approaches to "safeguarding fundamental rights and protecting the avenues for political participation alongside the rules of the democratic process."

The Summit also centers around questions of the judiciary's role in promoting and protecting climate security, sustainable development, and environmental preservation. The threats of climate change are well documented. For instance, the World Bank (2023) estimates that more than 80 percent of India's population lives in districts that are at risk of climate-induced disasters.

Considering the significant impact of the Indian judiciary on environmental matters in the past, a stronger commitment from India to the larger questions of the J20 could propel the country to the status of being a "world leader" in addressing climate litigation holistically. The recent landmark judgement in MK Ranjitsinh & Ors. v. Union of India & Ors. (2024) regarding climate change is noteworthy here. This judgement assumes particular importance as it recognises the 'right against the adverse effects of climate change' by applying Article 21(right to life and personal liberty) and Article 14 (equality before law and the equal protection of laws) of the Indian Constitution. Additionally, it addresses the growing relevance of 'climate litigation' globally.

On digital transformation, initiatives such as the digitization of documentation and the use of WhatsApp for updates by the Supreme Court of India are steps in the right direction. With the rise of emerging technologies such as Generative AI and the ever-expanding nature of other forms of technology, the legal systems in India and across the J20 will need to keep pace with evolving trends. Urgent cooperation on the issues of transparency, data protection, ethics, and privacy, along with the "mitigation of risks and biases" in the use of transformative tools, will be beneficial to ensure judicial efficiency across the participating countries.

While the outcomes of the J20 Summit discussions are not binding, they could serve as drivers for the country's efforts to promote the rule of law and synergies within the judicial field. The J20 Summit is therefore not only a chance for India to showcase its judicial strengths on an international scale, but also one for consensus building, particularly within the Global South to take the larger judicial agenda forward.