Language a big barrier for people to engage with courts: CJI DY Chandrachud

Chief Justice of India (CJI) DY Chandrachud on Saturday said the transparency driven by the transcription of proceedings at the Supreme Court has enhanced the quality of its jurisprudence and made judiciary more accountable..The CJI said that such transcripts, which are generated using Artificial Intelligence (AI), are a valuable resource and source of perspective for lawyers, researchers and academics as well. "I have myself used them while crafting judgments to better understand the nuances of argument. When future generations interpret our judgment these transcripts will show what shaped our mind to write these judgments. This transparency (not only) makes our institution more accountable, but it enhances the quality of our jurisprudence," CJI Chandrachud said.The CJI also said that in a country which is as linguistically diverse as India, language is a barrier for people to engage with the judiciary, particularly higher courts which use English. "One of the prominent barriers for people to engage with judiciary is language. Our higher courts work mostly in English and in a linguistically diverse nation this poses a logistical challenge," he said.The CJI stressed that for democracy to truly flourish, all citizens must feel truly connected to the institutions of the nation, in which the judiciary must play a vital role. Hence, AI play an important role in this regard."With use of AI software Supreme court vidhik anuvad software, the Supreme Court is actively translating its judgment in regional languages and we are working to translate this in all scheduled languages," he highlighted.The CJI was speaking during the inaugural session of the National Conference on the Landscape of Technology in Courts in India, organised by the Chandigarh Judicial Academy.In his speech, the CJI shared an anecdote about how he consulted Justice AP Sen, author of the infamous ADM Jabalpur judgment, about accepting judgeship, to drive home the point of lawyers' arguments not needing to remain confined to courtrooms any longer."He invited me to his Nagpur residence. He told me there is a difference between a judge and a lawyer. A judge always leaves his footprint on the sand and those footprints are the written word which you have crafted. Lawyers however much brilliant in their arguments is lost to future generations. Please decide on the basis of this. But Justice Sen did not have benefit of modern technology. Today the transcripts we are producing will be an eternal resource to show the brilliant legal minds argued in the case.".The CJI reiterated that technology was not a fancy topic but is linked to the values of transparency and equity."I believe that openness illuminates while secrecy obscures."He added that virtual hearings are now a normative practice and such a shift amplifies transparency for all stakeholders with litigants being able to appear across all judicial fora in the country.CJI Chandrachud in his address also pitched for the establishment of E-seva Kendras in every court."Every court should have such Kendras so that courts judgments, orders are available and e-filing is also helped. We must prioritise empathy and support. This guarantees that no one is left behind in the arch of technology.".CJI also opined that AI should not encroach upon our creative processes as it is inherently human."AI can augment but can never replace the innovative spark and creative intelligence of human mind ... We have to acknowledge that world outside is moving at rapid pace and we have to open ourselves to ideas outside and there are amazing start ups and cutting edge work outside the judiciary. Routine task like such as reviewing contracts, doing due diligence, case law research, filing of pleadings, can be done by AI and automation and this leaves lawyers to focus on legal strategy, innovate argumentation and innovate client servicing."He ended his address on a lighter note, by saying he has heard that many lawyers are putting their interns to test by cross-checking their research with that of AI."I imagine that our transition to AI will mirror the earlier embrace of technology by lawyers," CJI Chandrachud said..Supreme Court judge Justice Surya Kant also spoke on the occasion. He said technology can help in speeding up justice and electronic documentation. "We need to think of how to seamlessly incorporate Artificial intelligence in handling cases and digital divide among haves and have nots is reduced to a great extent. Technology may not have answer to all our questions but is needed to streamline our workflow.".The Supreme Court had in February 2023 begun a test run of live transcription of court proceedings being held in the courtroom of the Chief Justice of India (CJI).Bar & Bench had first reported about the development and how the top court would be employing AI and other technology driven by Natural Language Processing for live-transcription of its hearings.The CJI had in May 2023 said the apex court was working on making the transcripts available in regional languages..The seeds of such transcription were sowed after the Supreme Court had in February 2020 issued notice on an application filed by Senior Counsel Indira Jaising for framing of guidelines to effectuate live-streaming of proceedings.In its judgment in Swapnil Tripathi v. Supreme Court of India, the top court had held that matters of national importance being heard by it should be live-streamed and video recorded.The Supreme Court had in September 2022 started live-streaming of Constitution Bench cases.