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Underlining that rule of law remains humanity’s oldest and most dependable algorithm even in the age of computer algorithms, CJI B R Gavai has said that “the moment we let technology take the driver’s seat in the legal system, we begin to erode the public’s faith in us and with it, the foundations of the rule of law.”
During his keynote address Wednesday at the British Institute of International and Comparative Law, London, on ‘Courts, Commerce & the Role of Law’, the CJI said, “Today, we live in an age where computer algorithms increasingly shape our daily choices, from 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. Unlike computer algorithms, the law isn’t meant to blindly follow historical trends, optimise for engagement, or serve judgments based on preferences of the audience. It is rooted in principles, in reason, and above all, in fairness. 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.”
The CJI said that there is a “delicate new tension” in the evolving landscape of commercial dispute resolution. “The rule of law risks being overshadowed by an overemphasis on autonomy and an absence of adequate oversight of non-human entities and on humans acting vicariously through them.”
He added, “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.”
The CJI said that “in the realm of global commerce, we (courts) 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 that as the world stands “at the crossroads between tradition and innovation, the courts, as sentinels of the rule of law, are both guardians of ancient wisdom and architects of future justice.”
CJI Gavai pointed out that “courts… serve a crucial gap-filling function while interpreting commercial legislation. A judge’s vantage point on the issues being faced by the public is often broader and more diverse than that available to either the legislative or executive branches. And thus, our interpretations of statutory provisions must be pragmatic and not hamper commerce.”
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He said that “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” and “what we require is soft-touch supervision by courts of emerging technologies, ensuring that elements fundamental to their jurisdiction, central to the administration of justice and the rule of law are respected.”
The CJI proposed the drawing up of a “Commonwealth Dream Team”, comprising jurists, lawyers, technocrats, regulators, and academics, tasked with tackling the big questions and engaging in thought leadership in the area of arbitration and commercial litigation.
English (US) ·