Indian Supreme Court Developing 'Swadeshi Jurisprudence' Than Relying Only On Imported Concepts : CJI Surya Kant At Oxford

Chief Justice of India Surya Kant has stressed the importance of developing a "Swadeshi Jurisprudence" rooted in India's constitutional values, institutional realities, linguistic diversity and social conditions.

Delivering a lecture at the Oxford Union and the Oxford Law Society on the theme "Constitutional Promise to Digital Reality: Safeguarding Justice in the Age of AI and Technological Advancement," the Chief Justice said that while courts around the world are increasingly embracing artificial intelligence, India must develop its own constitutional and jurisprudential framework rather than relying exclusively on imported models.

"The Supreme Court of India has consciously approached technology as an aid to human reasoning rather than as a substitute for independent judicial thought. Considerable emphasis, however, has been placed upon the development of what may be described as a distinctly Indian or 'Swadeshi Jurisprudence': one that remains attentive to our own constitutional values, institutional realities, linguistic diversity, and social conditions rather than relying solely upon imported technological models or assumptions," he said.

In this context, it may be recalled that recently, the Chief Justice had termed an earlier handbook developed by the Supreme Court to avoid patriarchal notions in judgments as "too Harvard-oriented", and called for fresh guidelines rooted in Indian social fabric.

An indigenous AI ecosystem for the judiciary is being developed : CJI

In his lecture, the CJI disclosed that serious efforts are underway to establish an indigenous AI ecosystem for the judiciary, including the development of Indian large language models through collaboration among government agencies, academic institutions and AI experts.

"I am particularly pleased to share with you that, in addition to these ongoing technological initiatives, serious efforts are underway to explore the establishment of an indigenous AI ecosystem for the judiciary, including the development of our own Large Language Models through collaboration between governmental stakeholders, academic institutions, and leading experts in artificial intelligence. Our objective is to develop solutions that are tailored to our own institutional requirements and constitutional realities."

To address concerns relating to algorithmic bias, accountability and transparency, the Supreme Court is presently working on a regulatory framework governing AI deployment within the judicial system.

Chief Justice Kant said the framework would be based on several foundational principles, including human oversight, constitutional compliance, fairness, transparency, explainability, accountability and data protection. AI systems, he said, would also be subject to periodic monitoring and audits to identify errors, malfunctions and biases.

Importantly, the judiciary has adopted what he described as a presumption in favour of responsible AI adoption.

"The idea is not to treat technology with undue apprehension, but to encourage courts across the country to actively identify opportunities where AI systems and tools can be deployed in a manner that improves access to justice, reduces delay, and enhances administrative efficiency," he said.

Objective of transnational judicial dialogue is not to flatten cultural nuances

Addressing the growing role of technology in legal systems worldwide, Chief Justice Kant said that global judicial institutions are entering an era of unprecedented interconnectedness. He referred to AI-assisted judicial initiatives in several countries, including France, Argentina, Brazil, Singapore and the United Arab Emirates, noting that courts across jurisdictions are using artificial intelligence for functions ranging from case management and document preparation to courtroom transcription and legal research.

However, the Chief Justice cautioned against equating global interconnectedness with uniformity.

"Despite the inherent similarities exhibited by various jurisdictions in embracing AI, we must be cautious not to mistake structural interconnectedness for algorithmic uniformity," he said.

He opined that the purpose of transnational judicial dialogue is not to create a homogenised legal culture but to facilitate the exchange of ideas while preserving each nation's constitutional identity.

"The true objective of transnational judicial dialogue is not to flatten cultural nuances, nor is it to assemble a single, homogenized legal monoculture that ignores local history," he observed.

It was in this context that the Chief Justice articulated the idea of a "Swadeshi Jurisprudence" for the digital age.

In his address, Chief Justice Kant also highlighted India's broader digital transformation in the justice sector. Recalling the transition from traditional paper-based litigation to technology-enabled adjudication, he noted that digital reforms accelerated during the Covid-19 pandemic but have since become a permanent feature of the judicial system.

He observed that virtual hearings have significantly expanded access to justice by eliminating geographical barriers that once prevented litigants and lawyers from distant regions from effectively participating in proceedings before constitutional courts.

The Chief Justice linked these developments to constitutional guarantees under Articles 14, 19 and 21.

"First, under Article 14, which commands Equality Before the Law, the institutionalization of virtual hearings has become a powerful equalizer. Second, our understanding of Article 19, the guarantor of Free Expression, has expanded to encompass the right to witness justice in real time. Most significantly, Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty, has over the years been interpreted to include a meaningful right of access to justice."

The Chief Justice also highlighted a series of technology-driven reforms introduced by the judiciary, including the e-Courts Project, the National Judicial Data Grid (NJDG) and the recently launched "One Case One Data" initiative, which seeks to integrate case management systems and eliminate duplication of judicial records.

Concluding his address, the Chief Justice emphasised that technology must remain a servant of constitutional values rather than their master.

"We must build a future where algorithms are guided by the light of equity, and where the digital reality we construct remains entirely faithful to the constitutional promise we inherited," he said.