Supreme Court judge justice Bhushan R Gavai on Monday emphasised the need for a cautious approach in integrating artificial intelligence (AI) within the judiciary, stressing that technology must serve as an aid rather than a replacement for human judgment.
Speaking in Kenya, justice Gavai posed a fundamental question: “Can a machine, lacking human emotions and moral reasoning, truly grasp the complexities and nuances of legal disputes?” He highlighted that the essence of justice involves ethical considerations, empathy, and contextual understanding — elements that remain beyond the reach of algorithms.
Justice Gavai, who is set to become the Chief Justice of India (CJI) in May, is currently in Kenya on a week-long engagement with the Kenyan Supreme Court. Accompanying him is justice Surya Kant, with both judges discussing the intersection of justice delivery and the adoption of technology in the judiciary.
During his speech on “Leveraging technology within the judiciary,” justice Gavai underscored how courts worldwide are increasingly integrating technology to improve efficiency, enhance decision-making, and promote access to justice. He noted that AI-driven solutions have transformed case management by digitizing records, automating scheduling and improving transparency through real-time case tracking.
“Technology has revolutionised case management, enabling courts to replace traditional paper-based records with digital systems that allow seamless document retrieval and automated scheduling of hearings,” he said. AI-powered scheduling tools, the judge added, have helped optimise the allocation of cases to judges, reducing delays caused by administrative bottlenecks.
Justice Gavai highlighted India’s successful adoption of hybrid video conferencing for court proceedings, which has made legal representation more accessible, particularly for lawyers from remote areas. “Traditionally, lawyers and litigants had to undertake extensive travel to appear before higher courts. Now, with video conferencing, they can present their cases from anywhere in the country, breaking geographical barriers and reducing costs,” he emphasised.
The judge also cited the Indian judiciary’s initiative to livestream constitutional cases, a move that has significantly enhanced judicial transparency. “Live-streaming court proceedings has allowed citizens to witness the judicial process firsthand, increasing public awareness and engagement in legal discourse,” he remarked.
Additionally, justice Gavai lauded the Supreme Court of India’s steps to transcribe proceedings and translate judgments into various regional languages, making legal processes more inclusive and accessible to diverse populations.
While acknowledging the benefits of technology, justice Gavai cautioned against an overreliance on AI in legal decision-making. He pointed to instances where AI-powered legal research tools have produced fabricated case citations, warning that such inaccuracies could have serious repercussions.
“While AI can process vast amounts of legal data and provide quick summaries, it lacks the ability to verify sources with human-level discernment. This has led to situations where lawyers and researchers, trusting AI-generated information, have unknowingly cited non-existent cases or misleading legal precedents, resulting in professional embarrassment and potential legal consequences,” he warned.
The increasing exploration of AI for predicting court outcomes has also raised ethical concerns, said justice Gavai, pointing out that ethical considerations, empathy, and contextual understanding cannot be coded into an algorithm. He urged that AI be viewed as a tool to assist judges rather than replace human deliberation.
Justice Gavai also highlighted concerns regarding the circulation of short clips from court hearings on social media. “Out-of-context snippets can sensationalize judicial proceedings, leading to misinformation and misinterpretation of legal discussions,” he warned. He suggested that courts may need to establish clear guidelines on the responsible use of livestreamed proceedings to balance transparency with ethical broadcasting.
In his opening remarks at the Supreme Court of Kenya, justice Gavai spoke about the deep historical and cultural ties between India and Kenya as he underscored that as two nations of the Global South, India and Kenya, share common legal challenges and aspirations.
He further observed that courts worldwide are increasingly grappling with issues of digital rights, online content regulation, and AI ethics, making judicial collaboration crucial in addressing emerging challenges. As AI and technology continue to evolve, justice Gavai underscored the judiciary’s responsibility in ensuring that these advancements serve justice without undermining constitutional principles.