Chief Justice of India (CJI) BR Gavai on Wednesday sounded a note of caution on the growing role of technology in the justice delivery system..He said that when the technology takes the driver’s seat in the legal system, it erodes the public’s faith in the judiciary and the foundation of the rule of law. “Unlike computer algorithms, the law isn’t meant to blindly follow historical trends, optimise for cautioned against overreliance on technology 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,” he said. .The CJI was delivering the keynote address at the British Institute of International and Comparative Law, London, on the topic ‘The Role of Courts in Upholding Rule of Law in Adjudicating Commercial Disputes’.He was joined by Sir Julian Flaux, the Chancellor of the High Court And the session was moderated by Vivek Kapoor from 39 Essex Chambers. .The CJI observed that in commercial law, efficient resolution in a commercially sound timeframe becomes the primary objective, not necessarily ‘justice’ in the abstract or normative sense. Therefore, judicial interpretations of statutory provisions must be pragmatic and not hamper commerce, he added. He further stressed that in the evolving landscape of commercial dispute resolution, there is a new delicate tension where the rule of law risks being overshadowed by an overemphasis on autonomy and an absence of adequate oversight of non-human entities and on humans acting vicariously through them.“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. .He also called for the creation of a Commonwealth Dream Team to address the evolving challenges facing the justice system worldwide. The CJI termed it a ‘surgical strike team’ which may include jurists, lawyers, technocrats, regulators and academics. The surgical strike team, he said, may answer the following questions:“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?”
