Supreme Court Judge Surya Kant said that justice cannot be reduced to digital products, warning that artificial intelligence (AI) must always be subordinate to fairness, equity and human dignity.
“Unlike software, justice is not a product that is optimized, it is a principle that is respected. Technology must subjugate our higher commitment to fairness, equity and human dignity,” said Justice Kant, who will become India's Supreme Court justice in November.
Speaking in a Microsoft fireplace chat on “AI and Law” on June 6, Judge Kant warned that while AI is committed to increasing access, efficiency and transparency in the legal system, the unconfirmed developments reflect and even expand existing social inequality.
“Technology can be reinforced by reflecting and reinforcing social inequality when unchecked. AI is not a perfect technology and perhaps never replaces the human element in which an entire theory of justice comes from,” he said.
Rawls' theory refers to the philosophy of justice developed by American political philosopher John Rawls. The core of the theory is the concept of “justice as fairness,” which aims to harmonize seemingly competing values of freedom and equality.
Judge Kant acknowledged the global nature of challenges presented by AI, particularly the issues such as algorithm bias, hallucination citations and data protection.
“For example, let's consider the fictional legal precedents that chatbots have come up with on a daily basis when faced with complex legal propositions,” Judge Kant warned of the risk of blindly relying on AI in sensitive domains like law.
He spoke of growing cyber threats to courts and judiciary, including ransomware attacks and judge dox, and said such digital risks are “a matter of constitutional resilience.” He said India responded proactively with a virtual hearing backed by a secure electronic filing platform, a national judicial data grid and multi-layer authentication.
“Cybersecurity is not a matter of hygiene, it's a matter of constitutional resilience. Courts must invest in public opinion, not just in secure infrastructure,” Judge Kant said.
Judge Kant said the adoption of AI should not be driven solely by novelty or efficiency. “We must shape our future with wisdom and purpose, not as passive observers, but as future custodians… Shaping the future is more than innovation.
Judge Kant said India's judicial digital transformation, although ambitious, is shaped through collaboration between engineers, judges, civil society and scholars through a dedicated centre for research and planning within the Supreme Court.
He mentioned the situation and initiative of India's evolving legal technology to rebuild courts, including the Supreme Court's translation software that enabled over 100,000 judgments in 18 regional languages, and SUVAS, the Supreme Court's translation software that enabled the Constitutional Bench (ASR) system for real-time transparency.
“These technologies are explicitly designed to support, not human judgment, not to trade. It retains the essential human elements of jurisprudence and ensures that the final interpretation of legal page 6 remains firmly rooted in wisdom, compassion and ethical identification,” he said.
Judge Kant called for the creation of AI systems that reflect functional competence and moral clarity. “AI's reflection remains firmly convinced that we must be led by a deep moral compass. We are sure that we must be led by a deep moral compass. Shaping the future calls for more than innovation… a call for unwavering adherence to fundamental values. Collaboration is where justice and technology walk hand in hand, and citizens are always at the center.”
