Role Of A Judge Often Requires Taking Unpopular Or Inconvenient Decisions: Justice Vikram Nath

Supreme Court Justice Vikram Nath on Saturday (April 4) said that the role of a judge often demands courage to take decisions that may be unpopular or inconvenient, emphasizing that judicial independence is sustained by the willingness to uphold the law even under public scrutiny.Speaking at a two-day Annual Conference of Judges of the District Judiciary on the theme "Re-shaping Dispensation of Justice: Transcending the Narratives", organized by the High Court in collaboration with the Gujarat State Judicial Academy (GSJA), Justice Nath underscored the ethical and institutional responsibilities that accompany judicial office.On the virtue of courage in judicial functioning, the judge observed:"The role of a judge often requires taking decisions that may be unpopular, inconvenient or subject to public scrutiny. Judicial independence is not an abstract principle but is sustained by the courage to uphold the law, even when it is difficult to do so."Honesty Not A Distinguishing Virtue But A Foundational RequirementJustice Nath also reflected on the concept of honesty in judicial office, stating that honesty is not an exceptional quality but the very foundation of the judicial role. He cautioned against treating honesty as a distinguishing virtue for judges."To describe a judge as honest, as though it were a distinguishing virtue is in a sense illogical. Honesty is not an attribute that elevates a judge above others; it is the very foundation on which the office itself rests. It is a sine qua non, a non-negotiable condition of judicial existence. A judge cannot choose to be honest; the system presumes and demands it," he said.He added that celebrating honesty as an exceptional trait risks lowering the standards expected of the judiciary, noting that the absence of honesty is not merely a shortcoming but a disqualification.Technology Can Assist But Cannot Replace Judicial Decision-MakingAddressing the evolving role of technology in the justice delivery system, Justice Nath observed that while tools such as Artificial Intelligence can significantly enhance efficiency, their limits must be clearly defined.Referring to the judiciary's digital transformation initiatives, Justice Nath said that the e-Courts Mission Mode Project has been central to this transition. He noted that the digitisation of court records and the introduction of electronic case management systems have enabled litigants and lawyers to access case information online, thereby improving transparency and efficiency in the justice delivery system.He further referred to the adoption of virtual hearings, particularly during the COVID-19 pandemic, stating that it marked a turning point for the judiciary. He noted that virtual hearings proved to be a valuable supplement to physical proceedings, especially for procedural matters, bail applications, and hearings involving parties located in different geographical regions.On the use of Artificial Intelligence, Justice Nath said:"An AI-assisted transcription system has improved accuracy and efficacy of recording court proceedings, reducing reliance on manual note-taking and enabling better documentation. These initiatives demonstrate that digital tools can significantly improve both efficiency and accessibility without compromising the integrity of judicial processes. AI represents the next frontier in judicial innovation. AI refers to systems that can process large volumes of data, identify patterns and generate outputs based on programmed algorithms.In the judicial context, AI has the potential to assist in several areas. It can aid in case management, helping courts organise and prioritise cases more effectively. It can assist in legal research, enabling faster identification of relevant precedents. AI can also facilitate translation and transcription making court proceedings more accessible and efficient". He however said it is important to "clearly define the limits of AI in the judicial process". He said that adjudication is not a purely mechanical exercise but involves interpretation, discretion, and a nuanced understanding of facts and human circumstances. "It requires empathy, fairness and a sense of justice that cannot be reduced to algorithmic outputs. AI systems operate on data that is fed into them. If that data contains biases, the outcomes generated may reflect those biases. AI must therefore be viewed as a tool to assist judges, not as a substitute for judicial decision making," he underscored. Speaking about the theme, the judge said, "In our constitutional democracy the judiciary occupies a position of profound responsibility. It is not merely an adjudicatory body; it is an institution that safeguards rights, upholds the rule of law and reinforces public confidence in governance. The legitimacy of this institution however, rests not only on the soundness of its decisions but also on its ability to remain accessible, efficient and responsive. It is in this broader context that today's theme...

Role Of A Judge Often Requires Taking Unpopular Or Inconvenient Decisions: Justice Vikram Nath

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