Public faith in judiciary will erode if technology takes driver’s seat: CJI B R Gavai

Also read: Constitution of India supreme, all its pillars must work together: CJI B R Gavai

• “In the realm of global commerce, we have the power to ensure that freedom, guided by justice, sustains the integrity of efficient and dependable commercial dispute resolution systems for generations to come. The rule of law in the digital age requires not just our attention but our active and thoughtful engagement guided by commercial pragmatism,” the CJI said.
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• Referring to the role of judiciary, Justice Gavai said courts play a pivotal role in upholding the rule of law.
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• “Efficient resolution in a commercially sound timeframe becomes the primary objective, not necessarily ‘justice’ in the abstract or normative sense,” he said, adding the interpretations of statutory provisions by the courts must be “pragmatic and not hamper commerce”.
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• He also referred to a recent apex court judgement on courts power to modify arbitral awards and said, “The court was careful to underline that while limited modifications may be permitted, they must not cross the line into a de novo merits review, lest the fundamental commercial purposes of arbitration be compromised.”
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• He dealt with the issue of emerging technologies and future of justice delivery and said from that mechanical marvel, the people have seen the march to today's smart phones, smarter computers and perhaps smartest humans in history.
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• “Today, we live in an age where computer algorithms increasingly shape our daily choices, from the advertisements we see to people we employ. In these times, it is easy to forget that the human touch still matters immensely in the realm of justice,” he said.
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• Unlike computer algorithms, the law is not meant to blindly follow historical trends, optimise for engagement, or serve judgments based on preferences of the audience but is rooted in principles, reason, and above all, fairness, he said.
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• “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. In India, where the Constitution's basic structure remains supreme and judicial review powers permit courts to strike down parliamentary law as unconstitutional, we treat the rule of law as both an anchor and a sail, providing stability while enabling necessary adaptation,” he said.
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• While autonomy remains a cornerstone of commercial justice, it must never eclipse the courts' fundamental duty to uphold the rule of law for ordinary citizens of the land, he said.
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• “The legitimacy of commercial adjudication lies not merely in respecting parties' choices, but in ensuring that those choices operate within a framework of fairness, enforceability, and legal accountability,” he said.
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• The people, the CJI said, must guard against “due process paranoia” owing to low thresholds for nuanced or pedantic second-guessing by judges and arbitrators become counter-productive to commercial efficiency.