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German-Indian Dialogue on the Rule of Law

During November, KAS India together with the president of the Federal Finance Court and former Sitting Justice of the Federal Constitutional Court of Germany, Prof. Dr. Rudolf Mellinghoff, initiated a dialogue program in New Delhi. The aim of the talks with representatives from Indian judiciary and legal affairs was to identify topics of shared interest and to foster a close bi-lateral exchange between the top level Judiciary of both India and Germany.

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In the talks both the sides agreed that in India there is a problem due to delayed law enforcement and lack of legal security. The foreign investors’ lack of knowledge of the Indian Legal system as well their lack of capacity to deal with these issues in India is a challenge. Currently there are over 30 million pending litigations at various levels in India out of which about 50,000 alone are in the Supreme Court. The legal proceedings get delayed by many years which creates a main investment hindrance especially for the mid-sized companies. The Indian side agreed that though the country successfully opened up the markets and despite the enormous interest in political partnership and economic cooperation by foreign investors, challenges of adaptability of Indian legal and judiciary have yet to be resolved. There is consensus among the Indian law representatives that reforms are the need of the hour for both the Indian Judiciary as well as for the Indian Economy. The KAS India supports bi-lateral talks that can help to identify core questions.

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