AI must be subordinate to fairness, equity, human dignity: Justice Surya Kant
'Justice, unlike software, is not a product to be optimised, but a principle to be honoured. Technology must remain subordinate to our higher commitments to fairness, equity, and human dignity,' said Justice Kant, who is set to become the Chief Justice of India in November.
Speaking at Microsoft's Fireside Chat on 'AI and Law' on June 6, Justice Kant cautioned that while AI promises to enhance access, efficiency, and transparency in the legal system, unchecked deployment could mirror and even magnify existing societal inequities.
'Technology, if left unchecked, can reflect and reinforce societal inequities. AI is not a perfect technology, and it can perhaps never replace the human element that the entire Rawlsian theory of justice hinges on,' he said.
Rawlsian theory refers to the philosophy of justice developed by John Rawls, an American political philosopher. The core of the theory is the concept of 'justice as fairness', which aims to reconcile the seemingly competing values of freedom and equality.
Justice Kant acknowledged the global nature of the challenges AI presents, particularly issues like algorithmic bias, hallucinated legal citations, and data protection.
'Take, for instance, the fictitious legal precedents that chatbots routinely come up with when faced with complex legal propositions,' said Justice Kant, warning of the risks of relying blindly on AI in sensitive domains like law.
He spoke about growing cyber threats to courts and the judiciary, including ransomware attacks and doxing of judges, and said such digital risks were now 'a matter of constitutional resilience.' He said India has responded proactively, with secure e-filing platforms, the National Judicial Data Grid, and virtual hearings backed by multi-layered authentication.
'Cybersecurity is not a matter of IT hygiene, but of constitutional resilience…courts must invest not just in secure infrastructure, but in public confidence,' Justice Kant said.
Justice Kant said the adoption of AI must not be driven by novelty or efficiency alone. 'We do so not as passive observers, but as stewards of a future we must shape with wisdom and purpose… Shaping the future demands more than innovation—it calls for an unwavering adherence to foundational values.'
Justice Kant said India's judicial digital transformation, while ambitious, is being shaped through collaboration between technologists, judges, civil society, and academics via a dedicated Centre for Research and Planning within the Supreme Court.
He referred to India's evolving legal-tech landscape and initiatives reshaping the courts including SUVAS, the Supreme Court's translation software that has enabled over 100,000 judgments in 18 regional languages, Automatic Speech Recognition (ASR) systems in Constitution Bench hearings for real-time transparency, and LegRAA, a legal research tool that aids without replacing judicial reasoning.
'These technologies are designed explicitly to support, not supplant, human judgment. It preserves the essential human element of jurisprudence, ensuring that final legal Page 6 of 13 interpretations remain firmly rooted in wisdom, compassion, and ethical discernment,' he said.
Justice Kant called for building AI systems that reflect functional competence and moral clarity. 'I remain firmly convinced that any contemplation of AI must be guided by a deep moral compass. Shaping the future demands more than innovation...calls for an unwavering adherence to foundational values. Transparency, equity, responsibility, and respect for human dignity must not be afterthoughts, but the pillars upon which all technological advancement rests…Let this dialogue between technologists and jurists be not the end, but the beginning of a sustained collaboration, one where justice and technology walk hand in hand, with the citizen always at the centre.'
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