AI Can Augment Judicial Reasoning But Cannot Replace Judicial Conscience, Says CJI Surya Kant

The CSR Journal Magazine

Chief Justice of India Surya Kant stated on August 26, 2026, that artificial intelligence can assist in judicial reasoning but should not replace the moral and ethical aspects of judicial conscience. His remarks were made during a bilateral meeting with Ulrich Herrmann, the presiding judge of the Federal Court of Justice in Karlsruhe, Germany. CJI Kant pointed out that while AI has its applications in the Indian judiciary—such as aiding in legal research and providing translations of judgments into 16 languages—it is imperative that it supports decision-making processes without determining outcomes.

According to CJI Kant, the integration of AI is meant to streamline workflows by reducing repetitive tasks and improving citizen access to vital information concerning their legal matters. He clarified that AI tools implemented by the judiciary do not have the authority to influence judicial outcomes, preserving the sanctity of human judgment in legal adjudications.

Draft regulations from the Supreme Court’s AI Committee were discussed, detailing permissible administrative functions for AI. These include scheduling and transcription duties; however, the regulations prohibit AI from evaluating critical aspects such as witness credibility, flight risk, or eligibility for bail.

Collaborative Efforts Between India and Germany

CJI Kant highlighted the importance of greater judicial collaboration between India and Germany, two significant partners in trade. He suggested that both countries could greatly benefit from enhanced cooperation on cross-border commercial mediation, the recognition and enforcement of mediated settlements, and joint training initiatives for mediators who deal with disputes involving both nations.

The Chief Justice noted that the two countries have distinct judicial structures and legal traditions—India adheres to a common-law system with an integrated hierarchy, whereas Germany follows a civil-law framework with separate branches of federal jurisdiction. These differences present opportunities for fruitful exchanges on handling similar judicial challenges, including appeals, consistency in case law, and timely adjudication processes.

During the discussions, CJI Kant enumerated three primary areas of potential collaboration: leveraging technology and AI for justice administration, strengthening mechanisms for cross-border mediation, and advancing institutional cooperation through a memorandum of understanding (MoU). He proposed that both nations identify a dedicated point of contact to facilitate the development of a structured programme focused on these areas.

Enhancing Access to Justice through Technology

CJI Surya Kant provided an overview of India’s judicial framework, indicating that the Supreme Court functions as the highest appellate court and the premier constitutional authority, tasked with enforcing fundamental rights as outlined in Article 32. Emphasising India’s commitment to improving judicial technology, he noted that the aim is not merely digitisation but also enhancing transparency and accessibility for all stakeholders in the legal system.

Germany’s existing systems, including electronic case files and the e-Justice Council, were also cited as efforts to establish robust digital infrastructure for effective justice delivery. CJI Kant asserted that both judicial systems agree on the necessity for judicial decision-making to remain in the hands of judges and properly authorised officials, no matter the extent of technological advancement in judicial processes.

The Chief Justice underlined the significance of mediation as a primary alternative dispute resolution method, which has been a major focus during his tenure. CJI Kant is currently on a four-day official visit to Germany and the UK, where he is expected to participate in various programmes promoting judicial cooperation. His engagements aim to further articulate the roles of AI and technology in modernising judicial practices while maintaining the essence of human judgement within the legal framework.

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