Technology has evolved into constitutional instrument: CJI Surya Kant

Emphasising the need for a Unified Judicial Policy, Chief Justice of India Surya Kant on Saturday said that technology has become a constitutional instrument which can help align standards and practices across courts, creating a “seamless experience” for citizens, regardless of their location.

Delivering the keynote address at the West Zone Regional Conference on ‘Advancing Rule of Law through Technology: Challenges’ at Jaisalmer, the CJI underlined how the role of technology in the judiciary has evolved over the years.

“Technology is no longer merely an administrative convenience. It has evolved into a constitutional instrument that strengthens equality before the law, expands access to justice, and enhances institutional efficiency. It allows the judiciary to transcend physical barriers and bureaucratic rigidities to deliver outcomes that are timely, transparent and principled,” Justice Kant said.

He, however, said technology alone cannot sustain the rule of law; it must operate alongside the deeper constitutional traditions that anchor judicial behaviour and preserve institutional coherence.

“Today, as technology reduces geographical barriers and enables convergence, it invites us to think of justice not as regional systems operating in parallel, but as one national ecosystem with shared standards, seamless interfaces, and coordinated goals,” he said.

The CJI said technology enabled the judiciary to overcome the limitations of physical distance and bureaucratic hurdles. “It allows the judiciary to transcend physical barriers and bureaucratic rigidities to deliver outcomes that are timely, transparent and principled,” he said, adding that the effective use of technology can modernise the delivery of justice and make it more accessible to citizens across the country,” he said.

CJI Kant said high courts—due to the federal structure—have had their own practices and technological capacities, and “regional barriers” can be broken down with technology to create a more unified judicial ecosystem.

“India’s vast diversity has led to different high courts evolving their own practices, administrative priorities and technological capacities. This variation, though natural in a federal democracy, has resulted in uneven experiences for litigants across the country,” he said.

“A core expectation citizens place upon the courts is predictability,” he said, adding that citizens should not only expect fair treatment but also consistency in how cases are handled across the country. “Technology enables us to track systemic delays and make problems visible rather than concealed,” he said.

By identifying areas where delays occur, such as in bail matters or cases involving certain types of disputes, courts can take targeted action to address these issues and improve efficiency, Kant said.

The CJI explained that data-driven tools could identify the reasons behind delays or bottlenecks, allowing for faster, more focused solutions.

“Technology enables prioritisation by flagging sensitive case categories, monitoring pendency in real time and ensuring transparent listing protocols,” he said.

Justice Surya Kant also discussed the importance of prioritising urgent cases where delays could result in significant harm. He highlighted his recent administrative order that ensures urgent cases, such as bail petitions or habeas corpus cases, are listed within two days of curing defects.

“Where delay causes deep harm, the system must respond with urgency,” he stated, explaining that technology can help courts identify and expedite such cases.

Kant also raised the issue of the clarity of judicial decisions. He noted that many litigants, despite winning cases, often struggle to understand the terms of their judgment due to complex legal language. “Although the orders had gone in their favour, they remained unsure of what relief they had actually secured because the language was too technical, vague or evasive to understand,” he said.

A unified judicial approach must therefore extend to how we communicate outcomes, he said.

“Emerging technological tools are now capable of performing once-unthinkable functions. They can highlight missing precedent references, cluster similar legal questions, and simplify factual narration,” he said, explaining how these technologies can help judges make more consistent decisions.