Technology double-edged sword, must enhance functions not replace decision making: CJI Gavai

New Delhi: Underlining technology's “double-edged sword” nature, Chief Justice of India B R Gavai has said such innovations must enhance judicial functions and not replace the decision making process. Speaking at the international symposium on "The Role of Technology to Improve Access to Justice" at the University of Cambridge on June 9, the CJI, emphasised the transformative power of technology in enhancing access to justice in a vast, diverse, and complex country like India. Justice Gavai said judiciary in India readily integrated technology in the quest for making justice more accessible. “We must also acknowledge that technology can act as a double-edged sword, which may also lead to unparalleled divides. A primary concern is the digital divide, where unequal access to internet connectivity, devices, and digital literacy can lead to the exclusion of marginalised communities who already face barriers to justice. For technology to truly serve justice, accessibility and inclusion must be foundational to its design,” he said.

Justice Gavai, however, said no revolution in the justice delivery mechanism could be achieved without policy interventions. “The governance frameworks that ensure human oversight, algorithmic transparency, and accountability for technology-mediated decisions should be developed," he said. The CJI continued, “The path forward demands adherence to fundamental principles. Technology must enhance rather than replace judicial functions, particularly reasoned decision-making and individual case assessment. We must ensure that automated systems support rather than supplant judicial judgment." He laid out a comprehensive vision for a more inclusive and responsive legal system, underpinned by digital innovation. "Access to justice represents the backbone of any fair and equitable legal system. It ensures that all individuals, regardless of their socioeconomic status, geographic location, or personal circumstances, can effectively participate in and benefit from legal processes," he said.

He said in a country where more than two-thirds of the population lived in rural areas and over 121 languages were spoken as mother tongues, ensuring equitable access to the courts was both a constitutional obligation and a moral imperative. He highlighted the foresight of Constitution makers, who enshrined mechanisms to guarantee access to justice, including Articles 32 and 226, which empower citizens to directly approach the Supreme Court and high courts for the protection of their rights. "Technology has become the bridge between the constitutional promise of justice and the lived experience of citizens," he said. The CJI referred to several key initiatives that have digitally transformed the Indian judiciary, pointing out video-conferencing had become a permanent fixture in courts as it enabled lawyers from remote areas to argue cases before the Supreme Court without costly and time-consuming travel. Barriers to access to justice are now being diluted with the help of technology, he said. "Video conferencing technology has made the most impact on accessibility to the court. A lawyer practising in rural Bihar or rural Maharashtra can now appear before the Supreme Court without the expense and time of travelling to Delhi," the CJI said. With the use of technology, he said, citizens could now track case status, download court orders, and view hearing schedules through the Case Information System, eliminating the need for physical presence. “It has democratised access to the country's highest court, ensuring that geographical location no longer determines the quality of legal representation available to citizens. Vulnerable witnesses, particularly children, can now testify without being physically present in intimidating courtroom environments," CJI Gavai added.

He also referred to the SUVAS (Supreme Court Vidhik Anuvaad Software) and said the Artificial Intelligence-powered translation tool converts legal documents into nine regional languages, empowering non-English speakers with access to critical information. CJI Gavai lauded the efforts of the National Legal Services Authority, which leverages technology to extend its services to the most vulnerable. "These innovations are not just conveniences; they are lifelines for those who would otherwise be left outside the judicial system," he said. He hailed the National Judicial Data Grid (NJDG) as a game-changer in judicial transparency and performance monitoring. As of early 2025, the NJDG tracks more than 23 crore cases and 22 crore orders from over 18,000 courts, enabling data-backed policymaking and identifying procedural bottlenecks, he said. The CJI, however, cautioned against technology becoming a new barrier to justice for "the digital divide is real". Without equitable access to internet connectivity, devices, and digital literacy, marginalised communities risk further exclusion, he added.