JKJ 2012 (3) J-1

Persuasive Role of Foreign Judgements : An Indian Context

Burhan Majid ( LL.M 2nd year student at Faculty of Law, University of Kashmir)

The incumbent era is marked as an era of globalization of legal standards featured by the judicial dialogue between different legal systems build on similar values and principles. It has been observed that constitutional systems in several countries, especially those belonging to the common law tradition, have routinely been borrowing doctrines and precedents from each other. This paper is an attempt to evaluate the persuasive role of foreign judgments on the Indian Judiciary. In fact, the Supreme Court of India has time and again relied on the decisions of foreign Courts in a wide range of areas from protection of life and personnel liberty to the freedom of speech and expression and yet many more.