CJI BR Gavai warns that overreliance on technology in courts can harm public trust. He calls for global cooperation and careful court oversight of AI and digital tools in justice delivery.
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United Kingdom: Chief Justice of India (CJI) BR Gavai gave an important speech in London on Wednesday, warning people about the dangers of using too much technology in the justice system.
He said that courts must not let computers and artificial intelligence (AI) take over legal decisions because it can make people lose faith in the courts and the basic idea of justice.
He explained that the law is not like a computer program that just follows old data or trends to give decisions. It should not give judgments based on what is popular or what the audience likes.
He said:
“Unlike computer algorithms, the law isn’t meant to blindly follow historical trends, optimise for engagement, or serve judgments based on preferences of the audience. It is rooted in principles, in reason, and above all, in fairness. The rule of law stands resolute as humanity’s oldest and most dependable algorithm which, far from being a static concept, has evolved alongside humanity.”
CJI Gavai was speaking at a special event held by the British Institute of International and Comparative Law in London. The topic of the event was ‘The Role of Courts in Upholding Rule of Law in Adjudicating Commercial Disputes’.
He was speaking alongside Sir Julian Flaux, Chancellor of the High Court, and the session was moderated by Vivek Kapoor from 39 Essex Chambers.
He spoke about how in business-related legal matters (called commercial law), the main goal is to solve issues quickly and in a way that works well for business. But this does not always mean that the result is truly just in a broader sense. He said judges must give decisions that are practical and do not block business activity unnecessarily.
CJI Gavai also warned that new types of legal problems are coming up because of technology, and courts have to be very careful. He said there is a big risk that if we let machines or people using machines work without proper control, the rule of law might be pushed aside.
“What we require is soft-touch supervision by courts of emerging technologies, ensuring that elements fundamental to their jurisdiction, central to the administration of justice and the rule of law are respected.”
He said courts should not completely avoid technology but must carefully watch over how it is used to make sure it does not break legal values and fairness.
To deal with the growing problems in legal systems across the world, he suggested a new idea.
He said there should be a global team of experts from countries that are part of the Commonwealth.
This team would include judges, lawyers, tech experts, regulators, and scholars. He called it a kind of special task force or strike team that can solve modern legal problems.
He said this team should look into questions like:
“To what extent must AI systems follow established legal principles? Should smart contracts be subject to the same tests as other contracts? How do we address the issues of unverifiable evidence? Should the New York Convention apply to awards by fully automated arbitrators?”
This “surgical strike team“, as he called it, would help create better global understanding and new legal standards for dealing with artificial intelligence, smart contracts, and digital dispute resolution systems.
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