By Sanjay Raman Sinha
At a time when internet technologies are getting aggressively invasive on privacy rights and the use of Artificial Intelligence (AI ) is raising serious concerns, the address of Supreme Court Justice BR Gavai recently at the Supreme Court of Kenya is seen as a timely warning to the judiciary and the State. Justice Gavai, the next in line to be the chief justice of India, said there was increasing conflict these days between right to free speech and expression and reasonable restrictions under Article 19(2) of the Constitution. He held that it is a challenge for the Judiciary to “interpret and define the limits of digital rights, intermediary liability and governmental regulation of online platforms.”
It is not the first time that Justice Gavai has flagged the conflict between technology and privacy and advocated for a golden mean. Serving as a judge of the Supreme Court since May 24, 2019, he has contributed to several significant rulings related to privacy, digital surveillance, and technology.
In the Anuradha Bhasin vs Union of India (2020) Justice Gavai was part of the three-judge bench that addressed the restrictions imposed on internet and telecom services in Jammu and Kashmir. The Court mandated that all orders leading to such restrictions be reviewed within a week and made public. The bench emphasized the necessity of periodic reviews, stating: “The existing Suspension Rules neither provide for a periodic review nor a time limitation for an order issued under the Suspension Rules. Till this gap is filled, the Review Committee… must conduct a periodic review within seven working days of the previous review.”
In Re: Prashant Bhushan (2021), Justice Gavai was part of the bench that found advocate Prashant Bhushan guilty of criminal contempt for his tweets criticizing the Supreme Court and its chief justices. The Court sentenced Bhushan to a fine of one rupee, emphasizing the importance of maintaining the dignity of the judiciary in the digital age.
Beyond judicial pronouncements, Justice Gavai has actively promoted the integration of technology in the judiciary. In August 2024, he inaugurated India’s first exclusive digital court for cases under the Negotiable Instruments Act in Kerala. Highlighting the significance of technology in enhancing access to justice, he remarked: “The system is always for litigants. It is neither for judges or lawyers. All of us judges and lawyers work for the ultimate culmination of justice for the citizens of India.”
He further maintained that technological advancements will facilitate accessible and affordable justice for all, reaching the most marginalized, and ultimately realizing the vision of social, economic, and political justice for every citizen.
Indian judiciary marked by voluminous paperwork and ever increasing pile of case is undergoing a silent, but well-planned technological revolution, parts of which are visible at the apex court and many other courts. Digitization of records, online hearings, use of AI in advocacy are just few of the elements. In 2007, the government of India in partnership with the judiciary took to the path of technological upgradation of the mammoth judicial machinery spread across the country.
As part of the National eGovernance Plan, The eCourts Project aims to digitize the judiciary, enhancing access to justice through information and communication technology (ICT) in courts, nationwide.
Justice Gavai has been at the forefront of this modernization drive, advocating and spearheading initiatives that are revolutionizing the justice delivery system. However, the increasing integration of AI in judicial processes has also raised concerns, highlighting the need for a comprehensive review of existing legal practices and frameworks.
Justice Gavai’s emphasis on the importance of technological innovations is rooted in his belief that it will be a gateway for easy and affordable justice. He holds that embracing technological advancements is the need of the time and crucial for achieving the constitutional mandate of social, economic, and political justice.
During the Covid-19 pandemic, the Supreme Court, under his guidance, initiated virtual hearings within 48 hours of the nationwide lockdown. This quick adoption of technology ensured that citizens continued to have access to justice despite unprecedented challenges.
The Supreme Court had initiated many technological campaigns, including the Hackathon: a competition aimed at attracting innovative ideas to improve processes in the court registry. Hackathon is also centred on the use of AI-based solutions to improve the functions of the apex court’s registry.
In his recent address at the Kenyan Supreme court, Justice Gavai cautioned at the downside of AI, especially its unbridled use in judiciary. While acknowledging the advantages of AI, Justice Gavai advised its careful integration. He recommended that AI should serve as an aid to judges, not as a replacement for human judgment. Justice Gavai also called for chalking of clear guidelines to govern its use.
Today as AI becomes an easy solution to complex legal problems, the need to curb the rogue avatar of the technology that threatens to overwhelm and upstage the law dispensing system is paramount.
The Draft Digital Personal Data Protection Rules, 2025, has been notified with the express aim of empowering privacy and enforcing digital security. Digital security is a multifaceted issue with intersections of AI and internet technologies with legal matrix of laws.
The caution and recommendations of Justice Gavai should act as template for future course of action to harmonize modern technology with the rights of citizens. In this sense, the apex court judge has his task cut out for edged his upcoming tenure.