From Domestic Courts to Transnational Justice

India, with its vast population, economic presence, and historical prominence in constitutional and human rights jurisprudence, has profoundly shaped international legal discourse. However, it has lagged in developing its PIL rules, chiefly due to its particularistic views favouring national law and its focus on international commercial arbitration. Judicial efforts striving to pace the country's economic policies post-liberalization are insufficient without concomitant efforts by the Parliament and the Law Commission of India. Using Singapore, China, Japan, and South Korea as examples, the study suggests that modernising India's framework predominantly involves relaxing restrictions on foreign legal practitioners, empowering the judiciary to investigate foreign law ex officio, and overhauling the recognition and enforcement regime to align with international standards. Pending comprehensive codifi cation, interim guidelines drawn by the highest court should encapsulate case law to ensure consistency. The author contends that India's PIL cannot be internationalized by courts alone. Rather, the effort will require a collective of institutional perspectives - spanning the legislature, the Law Commission, and the judiciary - to foster sustainable growth.