In this presentation, explore the fascinating world of international justice and the Indian judicial system. Gain insights into the International Court of Justice (ICJ) and its role in resolving international disputes through legal proceedings. Additionally, delve into the workings of the Supreme Court of India, examining its significance within the Indian legal system. This presentation offers a comprehensive exploration of the ICJ and the Supreme Court of India, shedding light on their similarities and differences.

1. International Court of Justice
And
Supreme Court of India
Bidyutprabha Thakur

2. Introduction
● The International Court of Justice (ICJ) and the Supreme Court of India hold
great significance as influential courts worldwide.
● As the principal judicial organ of the United Nations, the ICJ assumes the
responsibility of resolving disputes between states. Conversely, the Supreme
Court of India serves as the highest court in the nation, entrusted with
interpreting the Indian Constitution and settling disputes between citizens and the
state.
● In this presentation , I will focus on comparing the decision-making processes
and approaches to law interpretation employed by these two courts.

3. The International Court of Justice (ICJ)
● The ICJ is the principal judicial organ of the United Nations.
● It was established in 1945 and is located in The Hague, Netherlands.
● The ICJ's primary objective is to settle legal disputes between states.
● It consists of 15 judges who are elected by the United Nations General
Assembly and Security Council.

4. The Supreme Court of India
● The Supreme Court of India is the highest judicial body in the
country.
● It was established in 1950 and is located in New Delhi, India.
● The court consists of the Chief Justice of India and a maximum of 33
judges.

5. Jurisdiction and Powers of the ICJ
● The ICJ has jurisdiction over cases involving international law.
● It hears disputes related to territorial boundaries, human rights violations,
treaty interpretations, and state sovereignty.
● Its powers extend to both contentious cases, where states bring disputes
before the court, and advisory proceedings, where the court provides legal
opinions on questions posed by international organizations or states.
● Its decisions are binding and final, and parties involved in the disputes
must comply with its rulings.

6. Jurisdiction and Powers of the Supreme Court of India
● The Supreme Court of India has extensive jurisdiction, including the
power of judicial review, which allows it to examine the constitutionality
of laws and executive actions.
● It acts as the ultimate appellate court, hearing appeals from lower courts
and various specialized tribunals.
● The court resolves disputes between the central government, state
governments, and citizens, ensuring the protection of fundamental rights
and maintaining the balance of power among different branches of the
government.

7. Procedures and Decision-Making at the ICJ
● The ICJ follows a formalized legal process for case hearings.
● Parties present their arguments, evidence, and legal interpretations.
● The court deliberates and issues its decisions, which may include judgments
and advisory opinions.
● Decisions are reached by majority vote, and dissenting opinions may be
recorded.

8. Procedures and Decision-Making at the Supreme Court of
India
● The Supreme Court follows a comprehensive process for case
hearings.
● Parties present their arguments, and the court examines evidence and
legal precedents.
● Justices deliberate and deliver judgments, which set legal precedents
and guide future cases.
● The court's decisions are binding and have a significant impact on
Indian jurisprudence.

9. Approach to Law Interpretation at the ICJ
● The ICJ follows various approaches to interpret international law.
● It considers the text of treaties, customary international law, and general
principles of law recognized by nations.
● The court also takes into account relevant international conventions,
judicial decisions, and scholarly writings to inform its interpretation.
● The ICJ's goal is to provide an interpretation that is consistent with the
intentions of the parties involved and promotes fairness and justice in the
international arena.

10. Approach to Law Interpretation at the Supreme Court
of India
● The Supreme Court of India adopts various approaches to interpreting laws,
with an emphasis on upholding the spirit of the Indian Constitution.
● It considers the text of the Constitution, its historical background, and the
intentions of the framers to interpret its provisions.
● The court also refers to precedents and principles of constitutional
interpretation while taking into account evolving societal norms and values.
● The Supreme Court strives to strike a balance between stability and adaptability
in its interpretation, ensuring the continued relevance and vitality of the
Constitution.

11. Significance of the ICJ
● The ICJ plays a crucial role in maintaining international peace and
security.
● Its decisions contribute to the development and interpretation of
international law.
● It serves as a forum for peaceful resolution of disputes, reducing the
need for armed conflicts between nations.

12. Significance of the Supreme Court of India
● The Supreme Court is the guardian of the Indian Constitution and
upholds the rule of law.
● It ensures the protection of fundamental rights and acts as a check
on the powers of the executive and legislative branches.
● Its decisions shape the legal landscape of the country and impact
the lives of Indian citizens.

13. International court of Justice Supreme Court Of India
Location The Hague, Netherlands New Delhi, India
Jurisdiction Settle legal disputes between States and gives advisory
opinions on legal questions
Serves as the highest court of appeal for both civil and
criminal cases in India
Number of judges 15 34 (including the Chief Justice)
Appointment of judges Elected by the UN General Assembly and Security
Council
Appointed by the President of India in consultation with
other judges
Term of Judges 9 years Until the age of 65 years
Role of judges Adjudicate disputes and give advisory opinions Interpret the Constitution and laws, and determine the
validity of laws and executive actions
Enforcement of decisions Relies on the compliance of the parties or the UN
Security Council
Implemented by the Indian government and law
enforcement agencies
Accessibility Open to states and international organizations Open to all citizens of India
Languages used English and French English and Hindi

14. Conclusion
● The International Court of Justice (ICJ) and the Supreme Court of India are pivotal
institutions in their respective domains, with unique roles and functions.
● While the ICJ focuses on resolving international legal disputes between states, the
Supreme Court of India safeguards the Indian Constitution and resolves domestic
disputes.
● Both courts have a profound impact on the development and interpretation of law,
ensuring justice, upholding the rule of law, and maintaining peace and harmony
within their respective jurisdictions.
● Through their diligent decision-making processes and commitment to legal principles,
the ICJ and the Supreme Court of India contribute to the advancement of global and
national jurisprudence.

15. Thank you for your
attention and engagement.
Bidyutprabha Thakur