Rule of Law Must Remain Supreme in Tech-Driven Age: CJI B R Gavai in London Address
Chief Justice of India (CJI) D.Y. Chandrachud, in a thought-provoking keynote address at the British Institute of International and Comparative Law in London on Wednesday, emphasized that the rule of law remains humanity’s most enduring and trustworthy algorithm, even amid the rapid rise of digital algorithms and artificial intelligence.
Delivering his address on the theme ‘Courts, Commerce & the Role of Law’, the CJI cautioned against letting technology overshadow core judicial values.
“We live in a time when computer algorithms influence nearly every aspect of our daily lives — from the advertisements we are shown to decisions around employment and commerce.
Yet, amid this digital tide, we must remember that the human element in justice is irreplaceable,” he said.
He underlined that the law is not a tool to mimic data patterns or reflect audience preferences, as algorithms are designed to do. “It is guided by principles, grounded in reason, and driven by fairness,” CJI Gavai noted.
“The rule of law — far from being outdated — is humanity’s most time-tested algorithm, adapting and evolving with civilization.”
Balancing Autonomy and Oversight in a Digital Economy
The CJI also drew attention to the growing tensions in modern commercial dispute resolution, particularly the unchecked autonomy given to non-human systems or actors functioning through technological proxies.
He warned that while autonomy is vital for commercial justice, it must never overshadow the courts’ fundamental obligation to protect and uphold the rule of law for every citizen.
“There is a new and delicate challenge at play,” he observed. “With an increasing reliance on artificial intelligence and automation in commerce and legal processes, we risk displacing the judiciary’s role in ensuring equity and justice. The rule of law must not be an afterthought in this transition.”
Guardians of the Past, Architects of the Future
Speaking on the judiciary’s evolving role in a rapidly transforming world, CJI Gavai described courts as standing at a critical crossroads between tradition and technological innovation.
He called judges not only custodians of ancient legal wisdom but also visionaries shaping the future of justice in a digital age.
“In a global commercial environment, we — we-the courts-wield — wield the responsibility to preserve freedom within a structure of justice.
This ensures dispute resolution remains credible, efficient, and future-ready,” he said, adding that active and thoughtful engagement with technology, rather than passive acceptance, is essential for maintaining trust in the legal system.
Courts Must Enable, Not Obstruct, Commerce
Highlighting the judiciary’s pivotal role in interpreting commercial legislation, the Chief Justice said that judges possess a broader and more nuanced perspective than often found in executive or legislative branches.
This enables them to fill interpretative gaps pragmatically, ensuring that commerce is facilitated, not hampered, by legal frameworks.
He stressed that the legitimacy of commercial adjudication lies not only in honouring parties’ autonomy but also in ensuring that such autonomy functions within a well-defined structure of accountability, enforceability, and fairness.
A Commonwealth Initiative for Legal Innovation
In a significant proposal, CJI Gavai called for the establishment of a “Commonwealth Dream Team” — a cross-disciplinary coalition comprising jurists, legal practitioners, technology experts, regulators, and academics.
The team would take on the task of confronting critical challenges in arbitration and commercial litigation and would serve as a forum for innovation and global leadership in legal thought.
He emphasized that a light-touch, supervisory approach by the courts toward emerging technologies is essential, one that ensures the core principles of justice and the rule of law are not compromised amid technological advancement.
