Judge-less courts not feasible, says Justice Surya Kant on AI's role

Saurabh Malik

Chandigarh, August 11

Judge-less courts are neither feasible, nor desirable, as adjudication requires nuanced understanding of complex legal issues, human emotions, societal values and intricate application of legal principles. Besides this, subtleties of human behaviour often play a crucial role in legal decisions. Relying on data and algorithms, artificial intelligence cannot fully grasp the complexities despite all its advancements, says Justice Surya Kant of the Supreme Court.

In Chandigarh for two-day “National Conference on the Landscape of Technology in Courts in India and the Way Forward”, Justice Surya Kant asserted judicial process involved empathy, the application of discretion and interpretive judgement – qualities that were inherent to human judges and not replicable by machines.

Speaking at the sidelines of the conference, Justice Surya Kant said AI could undoubtedly supported and enhanced the judicial process, but replacing judges would diminish human element necessary for delivering justice.

The conference concluded with Justice Rajesh Bindal and Justice Augustine George Masih of the Supreme Court, and Chief Justice Sheel Nagu of the Punjab and Haryana High Court, collectively reflecting on the critical role technology played in transforming courts, enhancing access to justice, improving efficiency, leveraging artificial intelligence and fostering collaboration.

Justice Surya Kant said AI undoubtedly held immense potential in revolutionising the judicial processes. AI-powered tools could assist in legal research, providing judges and lawyers with quick access to relevant case laws and statutes – expediting the decision-making process. Machine learning algorithms could identify patterns in legal documents and case histories, aiding in the early detection of potential delays or bottlenecks in the judicial process.

At the same time, it was equally important to recognise the significant harms it might entail. The introduction of online proceedings for high courts and the Supreme Court had led to the circulation of clips from the proceedings on social media. The proliferation of AI-generated deepfakes made it increasingly difficult to distinguish between reality and fabrication.

Justice Surya Kant said he envisioned a judicial system where every citizen, regardless of socio-economic status or geographical location, had seamless access to justice. The cases were resolved promptly, the integrity of proceedings was upheld through robust digital frameworks, and the judiciary was equipped with the tools and knowledge to continuously adapt to technological advancements. Achieving the vision necessitates a judiciary that was both technologically advanced and unwaveringly committed to the principles of justice. Efforts to integrate technology into the judicial system had already made courts more accessible and efficient, marking a journey of learning, unlearning, and relearning.  Justice Surya Kant also appreciated team of organizers led by Justice Lisa Gill for outstanding efforts in organizing the event attended by Chief Justices from across the nation.

India to share judicial technology expertise globally

The Indian judiciary in the next year will share its technological advancements with nations through exchange programs, reflecting its leadership in judicial innovation, said Justice Surya Kant, who recently led the Indian delegation at the Chief Justices Conference of BRICS Countries.

Justice Surya Kant said India’s judiciary had been recognized for its pioneering role in integrating technology into the justice delivery system and the country’s success of technological initiatives had garnered interest from other BRICS nations, with their Chief Justices seeking collaborative assistance in the field.

Preliminary discussions with the National Judicial Academy and other stakeholders had already taken place, setting the stage for India to share its expertise and successful experiences in judicial technology with the global community through the upcoming exchange programmes.