During a recent event in Kenya, Supreme Court Justice B R Gavai, who is next in line to become the Chief Justice of India, discussed the complex implications of leveraging technology in the judiciary, particularly addressing the concerns raised by the live-streaming of court proceedings.
Speaking at a conference titled “Leveraging on Technology within the Judiciary,” Justice Gavai pointed out the potential pitfalls of social media’s role in the judicial process. He noted that short clips from court hearings, often taken out of context and edited for sensationalism, are circulated on platforms like YouTube. This, he argued, can lead to misinformation and misinterpretation of judicial decisions, potentially undermining public trust in the legal system.
Justice Gavai expressed concerns about the unauthorized use and potential monetization of such content, which blurs the lines between public access and ethical broadcasting. “The unauthorised use and potential monetisation of such content blur the lines between public access and ethical broadcasting,” he stated, highlighting the need for guidelines to manage the challenges posed by live-streamed proceedings.
The judge also delved into the broader integration of technology in the judiciary, which has been crucial in addressing institutional challenges such as case backlogs and procedural inefficiencies. He emphasized that while artificial intelligence (AI) and other technologies offer significant advantages in terms of efficiency and accessibility, they also introduce new ethical dilemmas.
Justice Gavai raised critical questions about the role of AI in judicial decision-making, particularly its ability to predict court outcomes and its use in legal research. He cited instances where AI platforms like ChatGPT have generated inaccurate legal information, leading to professional embarrassments and potential legal consequences. “While AI can process vast amounts of legal data and provide quick summaries, it lacks the ability to verify sources with human-level discernment,” he remarked.
Further, Justice Gavai touched on the transformative impact of digital technologies on case management. He highlighted how AI-powered tools are being used to intelligently schedule court dates, thereby optimizing the use of court resources and balancing judges’ workloads. The Indian judiciary’s adoption of hybrid video-conferencing has also been a significant development, enabling lawyers from across the country to present their cases without geographical barriers, which has been especially beneficial for lawyers from remote areas and those in economic constraints.
The Supreme Court’s initiative to live-stream constitutional cases marks a significant move towards greater accessibility. Justice Gavai pointed out that this has allowed for broader public access to justice, with proceedings being transcribed and judgments translated from English into regional languages, thus ensuring that the benefits of technology serve to enhance, rather than replace, the human elements of judicial processes.
