Future Judge Can't Remain A Legal Specialist Alone : CJI Surya Kant

Chief Justice of India Surya Kant recently said that a judge of the future will be expected to have an understanding beyond statutes and precedents. It will be expected of him not to remain confined to the identity of a legal specialist or jurist alone. He will have to undergo an immense transformation to deal with interdisciplinary subjects intersecting with legal issues, where issues from synthetic biology to deepsea mining may arise.

CJI Kant was delivering the 4th Ashok Desai Memorial Lecture on 'Reimagining Justice: The Indian Judiciary 50 Years Hence'. Author and Historian Manu S. Pillai also spoke at the event.

CJI Kant said: "The judge will undergo immense transformation. The judge of the future can't remain confined to the identity of a legal specialist or jurist alone. The disputes that will come before the court will require an understanding that extends far beyond statutes and precedents. For instance, they might find grappling with questions of synthetic biology, which may raise liability issues where life itself is engineered or something as technical as deep-sea mining that will test the limits of environmental responsibility in spaces that lie outside our idea of conventional jurisdiction. Perhaps, virtually communities may generate conflict between individuals and even entities that are rooted not in physical proximity but in a shade of digital existence."

In such a scenario, CJI Kant said that a judge of 2076 will have to be extremely nuanced with science, technology, ethics, and society.

"In such a landscape, the judge of the future will need to be an extremely nuanced and interdisciplinary thinker, capable of engaging with science, technology, ethics, and society with equal ease."

He added that Courts will also have to deal with climate concerns, or recognise the rights of natural entities such as rivers, forests and ecosystems. He stated that even the idea of harm may expand to include acts that result in irreversible damage to the environment.

"If I have to hypotheses, then the concepts of ecocide could emerge as subsegments to criminal jurisprudence, requiring courts to balance developments with the preservation of the natural world in a far more immediate and structured manner."

Similarly, there would be fundamental shifts in criminal law where acts may not fit in the traditional definition of offences. He remarked that statutes such as the Carriage of Goods Act, which seldom occupy centre stage, may become increasingly relevant in the future, where goods will be transported through drones and autonomous vehicles. In such a scenario, even the law will undergo a drastic transformation.

CJI Kant also spoke on Artificial Intelligence and its role in the judicial system. He stated that it's highly unlikely that AI will replace judicial reasoning, but its role will be enormous in the sense that it will allow judges to skim through vast volumes of materials, identifying relevant precedents and presenting structured insights. This would enable judges to devote their time to the interpretation of law with fairness.

"AI will act as an enabler of better judgment and not as a substitute for it. Perhaps most significant would be in the access to justice. the idea that courts are distant institutions, both physically and psychologically, will gradually disappear to a new model that brings adjudication closer to citizens."

He also said that the Courts will also undergo huge transformation where physical presence may become minimal.

"When we attempt to imagine what the next fifty years may hold, one aspect that naturally captures the imagination is the very form and setting of the courtroom itself. As law continues to expand as a field, attracting an ever-growing number of young professionals, it becomes necessary to consider how these spaces may evolve.

Will courtrooms expand in scale, with advanced technology occupying a central role, undertaking routine functions such as calling out matters, recording proceedings, and instantly displaying submissions made by counsel? Or will we witness a more fundamental shift, where physical presence becomes minimal and proceedings are conducted almost entirely through virtual platforms?"

CJI Kant concluded that in any case, the Indian judiciary of 2076 will remain rooted in constitutional values while adapting to the world that is changing in ways we are just beginning to understand.

The event can be watched here.