Justice Nagarathna emphasises the importance of maintaining human judgement and constitutional values in the judiciary, warning against over-reliance on artificial intelligence and algorithmic influence.
Key Points
- Judicial independence must evolve to include independence from algorithmic influence, ensuring judges retain control over reasoning.
- Artificial intelligence should only assist in judicial processes, with human judgement remaining at the core of decision-making.
- Excessive reliance on AI could create cognitive influence, subtly shaping how judges process information and make decisions.
- AI can support legal aid systems by improving efficiency, but empathy and understanding of human life are irreplaceable.
- Judges must be free from external pressures and greed, upholding their duty to the public and the nation.
Supreme Court judge Justice B V Nagarathna on Saturday said that judicial independence in the modern era is not just freedom from external power, but also from algorithmic influence.
She said the future of justice cannot be shaped by Artificial Intelligence (AI) alone, but must be determined by judges-supported by tools, yet always guided by constitutional values, the rule of law, and a commitment to equity and fairness.
AI as a Tool, Not a Replacement
Justice Nagarathna was speaking at the 22nd Biennial State-Level Conference of Judicial Officers, themed 'Reimagining the Judiciary in the Era of Artificial Intelligence', organised by the Karnataka State Judicial Officers Association.
"The principle that must remain absolutely unchanged amid all this change is the rule of law. No matter how advanced technology becomes, the foundation of our judiciary cannot and must not shift," she said.
"The rule of law is not a technical concept; it is a moral and constitutional commitment that ensures fairness, equality, and accountability," she added.
Maintaining Human Judgement in the Digital Age
Justice Nagarathna emphasised that artificial intelligence must always remain on the periphery-as a tool, an aid, and a support system, but never the core of decision-making.
"The core must always be human judgment, guided by legal reasoning, constitutional values, and a deep sense of justice. If at any point technology begins to replace human judgment, we risk weakening the very institution of the judiciary that we are trying to strengthen," she said.
Chief Justice of India Surya Kant, Supreme Court Judge Aravind Kumar, and Chief Justice of the Karnataka High Court Vibhu Bakhru were among those present at the event.
The Threat of Cognitive Influence
Stating that AI must respect the experience, discretion, and role of judges as guardians of justice, she said excessive reliance on AI could create a form of cognitive influence.
"AI poses a threat to human cognition by subtly shaping how we process information and make decisions. It can affect the cognitive autonomy of individuals," she said.
"Therefore, the classical idea of judicial independence must evolve to include independence from undue AI influence. This means ensuring that judges retain final control over reasoning and that the use of AI remains at the periphery at all times and at all stages," she added.
Judicial independence in the modern era is not just freedom from external power, but also freedom from algorithmic influence, she said. At a broader level, Justice Nagarathna noted that AI can support the functioning of legal aid systems.
AI's Role in Legal Aid and Efficiency
"In a system where delays and costs are major concerns, even small efficiency improvements can make a significant difference for litigants who often wait years-sometimes across generations-for resolution," she said.
"Justice involves empathy, compassion, context, and a deep understanding of human life. No machine can replicate that. Therefore, the principle must remain clear and non-negotiable: artificial intelligence can assist, but the judge must always decide," she said.
"Unlike other sectors, errors in the judicial system do not merely cause inconvenience; they can affect life, liberty, and dignity. Therefore, the introduction of AI into judicial processes must be approached with a deep sense of responsibility," she added.
Integrity and Independence of Judges
Justice Nagarathna also said judges who are unable to live within their known sources of income and fall prey to greed and temptation must be "weeded out of the system."
"I must add that judges must be free from external pressures or from their colleagues. They must develop courage and independence. There cannot be any 'coordination' in decision-making," she said.
"A tainted decision by a judge is a black mark on the judge and on the judiciary itself. Hence, let us realise and be conscious of our duty to the litigant public and to the nation," she added.
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