“AI can Augment but Can Never Replace Innovative Spark and Creative Intelligence of Human Mind…”: CJI Chandrachud

Today(on 10th August),CJI DY Chandrachud highlighted AI’s transformative impact on the Indian judiciary at a National Conference, noting that AI-driven transcription of Supreme Court proceedings has enhanced jurisprudence and judicial accountability.

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"AI can Augment but Can Never Replace Innovative Spark and Creative Intelligence of Human Mind…": CJI Chandrachud

NEW DELHI: Today(on 10th August), Chief Justice of India (CJI) DY Chandrachud, speaking at the National Conference on the Landscape of Technology in Courts in India, organized by the Chandigarh Judicial Academy, emphasized the transformative role of Artificial Intelligence (AI) in the Indian judiciary. He elaborated on how the transcription of Supreme Court proceedings, facilitated by AI, has significantly bolstered the quality of jurisprudence and made the judiciary more accountable to the public.

Enhancing Jurisprudence Through AI-Driven Transcripts

Addressing the conference, CJI Chandrachud highlighted the importance of AI-generated transcripts in the legal process, noting that these transcripts have become invaluable resources for various stakeholders, including lawyers, researchers, and academics.

"AI can Augment but Can Never Replace Innovative Spark and Creative Intelligence of Human Mind…": CJI Chandrachud

He remarked-

“I have utilized these transcripts while crafting judgments to grasp the nuances of arguments. As future generations review our judgments, these transcripts will reveal the factors that influenced our decisions. This transparency not only increases our institution’s accountability but also improves the quality of our jurisprudence.”

These AI-driven transcripts not only provide a clearer insight into the judicial process but also serve as a permanent record of the legal arguments that shape landmark judgments. By making these proceedings accessible, the judiciary takes a significant step towards greater openness and accountability.

Language as a Barrier and the Role of AI

In a linguistically diverse nation like India, language often acts as a barrier for the common people in engaging with the judiciary, especially in higher courts where English is predominantly used.

CJI Chandrachud acknowledged this challenge, stating-

“Language is a major barrier to public engagement with the judiciary, as higher courts predominantly operate in English, creating challenges in our linguistically diverse nation.”

To bridge this gap, the Supreme Court is utilizing AI software such as the “Supreme Court Vidhik Anuvad” to translate its judgments into regional languages.

The CJI emphasized the importance of this initiative, noting-

“Using AI software, the Supreme Court’s Vidhik Anuvad initiative is translating judgments into regional languages, with plans to cover all scheduled languages.”

The Judiciary’s Role in a Flourishing Democracy

CJI Chandrachud stressed that for democracy to truly flourish, it is imperative that all citizens feel connected to the institutions of the nation, with the judiciary playing a pivotal role.

He stated-

“For democracy to thrive, all citizens must feel connected to national institutions, with the judiciary playing a crucial role. AI is essential in facilitating this connection.”

In his speech, the CJI also shared a poignant anecdote to illustrate the enduring impact of judicial decisions. He recalled a conversation with Justice AP Sen, the author of the infamous ADM Jabalpur judgment, who advised him on the significance of a judge’s written word.

“He invited me to his Nagpur residence and explained that while a judge leaves a lasting footprint through written judgments, a lawyer’s arguments often fade over time. Justice Sen lacked modern technology, but today’s transcripts preserve these brilliant legal arguments as eternal resources.”

-CJI Chandrachud recounted.

Technology and Transparency: A Value-Driven Approach

The CJI reiterated that the integration of technology in the judiciary is not merely a trend but a value-driven necessity that aligns with the principles of transparency and equity. He firmly stated-

“Technology is not just a trendy subject; it is fundamentally connected to the values of transparency and equity.”

He added-

The shift towards virtual hearings has now become a normative practice, amplifying transparency and accessibility for all stakeholders involved in the legal process. Litigants can now appear across various judicial forums in the country, making justice more accessible.

Establishment of E-Seva Kendras: A Step Towards Inclusivity

Further emphasizing the need for inclusivity, CJI Chandrachud advocated for the establishment of E-seva Kendras in every court across the country.

He pointed out-

“Every court should have such centers to ensure that judgments and orders are accessible, and to facilitate e-filing. We must prioritize empathy and support to ensure that no one is left behind in the advancement of technology.”

The Human Element in AI and the Future of Legal Practice

While acknowledging the benefits of AI in automating routine tasks, CJI Chandrachud cautioned against allowing AI to encroach upon the creative processes that are inherently human. He asserted-

“AI can enhance but cannot replace the innovative spark and creative intelligence of the human mind. As the world evolves rapidly, we must remain open to external ideas and innovations. While AI and automation handle routine tasks like contract reviews, due diligence, case law research, and filing pleadings, they free lawyers to concentrate on legal strategy, creative argumentation, and client service.”

In a lighter moment, the CJI shared an observation on how some lawyers are testing their interns by comparing their research with AI outputs, humorously adding-

“I envision our transition to AI will be similar to the way lawyers previously embraced new technology.”

During a recent event, Supreme Court Judge Justice Surya Kant addressed the growing role of technology in the judicial system. He emphasized how technological advancements can expedite the delivery of justice, particularly through electronic documentation and Artificial Intelligence (AI). Justice Kant stressed the importance of integrating AI into the judicial process, highlighting its potential to narrow the digital divide and streamline workflows within the legal framework.

“We need to consider how to seamlessly integrate Artificial Intelligence in case handling while addressing the digital divide between the privileged and underprivileged. While technology may not answer all our questions, it is essential for streamlining our workflow.”

-he stated.

This discussion comes in the wake of the Supreme Court’s ongoing efforts to modernize its procedures. In February 2023, the apex court commenced a pilot project to test live transcription of court proceedings, specifically in the courtroom of the Chief Justice of India (CJI). This initiative marks a significant step toward employing AI and Natural Language Processing (NLP) to enhance transparency and accessibility in the judiciary.

The CJI, recognizing the potential of such technological advancements, had announced in May 2023 that the Supreme Court was working towards making these transcripts available in regional languages. This initiative aims to make the court’s proceedings more accessible to a broader audience, reflecting the court’s commitment to inclusivity.

The concept of live transcription has its roots in an earlier move by the Supreme Court. In February 2020, the court issued a notice on an application filed by Senior Counsel Indira Jaising, who advocated for the formulation of guidelines to facilitate the live-streaming of court proceedings. This application laid the groundwork for subsequent technological innovations in the court.

In a landmark judgment in the case of Swapnil Tripathi v. Supreme Court of India, the Supreme Court ruled that cases of national importance should be live-streamed and video recorded. This decision underscored the court’s dedication to transparency and public accessibility.

Building on this momentum, the Supreme Court began live-streaming Constitution Bench cases in September 2022. This move was widely seen as a significant step toward making the judiciary more transparent and accountable to the public.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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