Influence Of Foreign Judgement In Supreme Court Of India

Mr Chandrasekar D, Advocate in Madras High Court

ABSTRACT

The influence of foreign judgments on the Supreme Court of India has gained prominence in recent decades as India’s legal landscape becomes increasingly globalized. This paper explores the extent to which the Indian judiciary incorporates foreign precedents in its rulings, focusing on key areas such as constitutional law, human rights, and commercial law. By analyzing landmark cases, this research examines the rationale for referencing foreign judgments and the impact of such references on the development of Indian jurisprudence. The paper begins with a review of the constitutional and statutory provisions that allow the use of foreign judgments in Indian courts. It then examines specific instances where the Supreme Court has relied on international legal principles and foreign court decisions, particularly from common law jurisdictions. The analysis also addresses the judicial philosophy that governs this practice, evaluating whether it strengthens India’s legal framework or risks undermining its legal sovereignty. By exploring both the advantages and challenges of referencing foreign judgments, this study aims to assess whether transnational judicial dialogue promotes the growth of Indian law or dilutes its cultural and legal distinctiveness. In conclusion, the paper argues that while foreign judgments can offer valuable insights, the Supreme Court must carefully balance international influence with domestic legal principles.

Keywords: foreign judgments, Supreme Court of India, legal sovereignty, transnational judicial dialogue, constitutional interpretation