Swadeshi Jurisprudence Rooted In Constitutional Values Is Judiciary’s Future: CJI Surya Kant

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Chief Justice of India Surya Kant said the judiciary is adopting technology and artificial intelligence as tools to support, not replace, judicial reasoning. He highlighted the Supreme Court’s focus on developing “Swadeshi Jurisprudence,” an indigenous legal-technology framework rooted in India’s constitutional values, diversity, and social realities.

Chief Justice of India (CJI) Surya Kant has emphasized that the Indian judiciary is embracing technological advancements while ensuring that artificial intelligence remains a tool to assist judges rather than replace human decision-making. Speaking on the future of technology in the justice delivery system, the Chief Justice highlighted the Supreme Court’s commitment on developing “Swadeshi jurisprudence” which is an indigenous legal-technology framework rooted in India’s constitutional values and social realities.

The remarks were delivered during a lecture hosted by the Oxford Union and the Oxford Law Society on the theme, “Constitutional Promise to Digital Reality: Safeguarding Justice in the Age of AI and Technological Advancement.” The address formed part of a broader discussion on the opportunities and challenges posed by emerging technologies, particularly artificial intelligence, in modern legal systems.

Over the past several years, the Indian judiciary has steadily integrated technology into its functioning. From e-filing systems and virtual hearings to digital case management and online access to judicial records, courts across the country have increasingly relied on technological tools to improve efficiency and access to justice.

The COVID-19 pandemic accelerated this transformation, pushing courts to adopt virtual platforms and digital infrastructure on an unprecedented scale. Since then, the judiciary has continued to explore technological innovations that can reduce delays, improve transparency and make the justice delivery system more accessible to citizens.

Against this backdrop, discussions around the use of artificial intelligence in legal research, case management and judicial administration have gained prominence. However, concerns have also emerged regarding algorithmic bias, accountability, transparency and the possibility of technology influencing judicial independence.

Addressing these concerns, Chief Justice Surya Kant clarified that the Supreme Court has adopted a cautious and balanced approach toward technological innovation. According to the Chief Justice, the judiciary views technology as a supportive mechanism that can enhance judicial functioning but cannot substitute the independent reasoning and human judgment that lie at the heart of the judicial process.

The CJI said,

“The Supreme Court of India has consciously approached technology as an aid to human reasoning rather than as a substitute for independent judicial thought. Considerable emphasis, however, has been placed upon the development of what may be described as a distinctly Indian or ‘Swadeshi Jurisprudence’: One that remains attentive to our own constitutional values, institutional realities, linguistic diversity, and social conditions rather than relying solely upon imported technological models or assumptions,”

His observations reflect the judiciary’s view that while technology can assist in legal research, document management and procedural efficiency, the ultimate responsibility for interpreting the law and delivering justice must remain with judges.

The Chief Justice also revealed that serious efforts are underway to explore the creation of an indigenous artificial intelligence ecosystem specifically designed for the Indian judiciary. Such an initiative would seek to develop AI tools tailored to India’s unique legal environment rather than depending entirely on foreign technological models. The proposed ecosystem would take into account the country’s constitutional framework, multilingual legal landscape, diverse social realities and institutional structures.

The emphasis on a domestic AI framework comes amid growing global debates on the regulation of artificial intelligence and concerns that imported technologies may not adequately reflect the legal and cultural contexts of different jurisdictions. For India, where courts handle matters involving multiple languages, varying socio-economic conditions and a vast body of constitutional jurisprudence, the development of customised technological solutions is increasingly being viewed as a necessity.

Chief Justice Kant’s remarks also highlight a broader judicial philosophy that technological innovation must operate within constitutional boundaries. As courts worldwide experiment with AI-driven systems, questions concerning fairness, privacy, accountability and due process have become central to policy discussions. By advocating a “Swadeshi Jurisprudence” approach, the CJI signalled that technological adoption in India should remain anchored in constitutional principles, democratic values and the protection of individual rights.

His lecture highlighted that while artificial intelligence can play an important role in modernising the justice system, it must function as an instrument that strengthens judicial institutions rather than diminishes human oversight. As India continues to digitise its judicial infrastructure, the Supreme Court’s emphasis on indigenous innovation and constitutional safeguards is likely to shape future policy discussions surrounding AI in the legal sector.

The Chief Justice’s observations indicate that the judiciary intends to pursue technological advancement in a manner that preserves judicial independence, promotes access to justice and reflects India’s own legal traditions. The proposed development of a domestic AI ecosystem for courts could become a significant step in ensuring that emerging technologies serve the needs of Indian litigants while remaining consistent with the country’s constitutional vision.

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