AI no longer a speculative technology but an operational reality: CJI Surya Kant
Chief Justice of India Surya Kant stated that artificial intelligence is no longer a speculative technology but an operational reality and constitutes one of the most important tests in terms of international law, and underlined that the choices made in this decade will shape the future relationship between technology, power, freedom and justice. He also emphasized that technology itself is neither inherently beneficial nor inherently harmful.
Speaking at a public conference on “Artificial Intelligence and International Law” at Birkbeck College, University of London, he said that, unlike previous technological revolutions, artificial intelligence does not only enhance human capacity; are increasingly participating in decision-making processes that have historically been thought to be uniquely human.
“Technology itself is not inherently benevolent or inherently harmful. Its impact depends on the legal, political and ethical frameworks in which societies choose to use it. The responsibility of law is therefore neither to resist technological progress nor to submit unquestioningly to it. Its responsibility is to ensure that technological power remains accountable to constitutional values, democratic legitimacy and human dignity,” he said.
CJI Kant said artificial intelligence is reshaping governance, trade, war, communications, public administration and, increasingly, the exercise of judicial and sovereign power.
“Governments now use algorithmic systems to allocate benefits, evaluate immigration applications, monitor borders, regulate financial systems, and support policing functions. Militaries are rapidly developing autonomous capabilities. Courts across jurisdictions are beginning to confront questions about AI-generated evidence, automated decision-making, and the digital legal process. Private companies have technological capabilities that rival, and in some cases exceed, the information access of sovereign States,” he said.
“Artificial intelligence poses one of the most important tests for international law in its modern evolution,” he said, adding that the choices made this decade will shape the relationship between technology, power, freedom and justice for generations to come.
“The main challenge before us is to ensure that humanity, in the age of intelligent machines, retains authorship of the principles that govern it. If international law can meet this challenge, artificial intelligence can become not only a technological revolution but also an opportunity to reaffirm the values underlying democratic civilization,” he emphasized.
CJI Kant, who is on a six-day tour of the UK, said AI offers unprecedented opportunities to strengthen the administration of justice and courts are increasingly making use of AI-powered tools to assist in legal research, case management, translation services, transcription of proceedings, document classification and determination of precedents.
“Used responsibly and under appropriate human oversight, such technologies can help reduce delays, increase efficiency, expand access to legal information, and help judges and court administrators focus their attention on the more nuanced and inherently human aspects of adjudication. Therefore, AI should not only be viewed as a source of legal complexity, but also as a powerful tool to advance the constitutional promise of timely, accessible, and effective justice,” he said.
The CJI wondered whether AI will impact international law when the transformation is already underway, and the question is whether the existing international legal architecture has the necessary conceptual flexibility to absorb this disruption.
“We need to evaluate whether the fundamental doctrines of international law, namely sovereignty, human rights and enforceability of foreign decisions/decrees, can adequately adapt to managing algorithmic power. Or are we approaching a moment that requires an entirely new legal imagination?” he said.
“Traditional international law is deeply committed to territoriality, and AI challenges these assumptions to their core,” the CJI said, adding that AI systems often operate through globally distributed architectures that transcend territorial borders entirely.
“A model can be trained on datasets collected from multiple jurisdictions, refined through computational infrastructure located elsewhere, deployed through cloud-based systems spanning several continents, and ultimately producing decisions that impact far-flung individuals from every point in that chain,” he said.
Thanking Birkbeck College for hosting this important conversation, the CJI said that in moments of profound technological transformation, dialogue between courts, universities, governments and civil societies becomes indispensable.
“Ultimately, the future of artificial intelligence will be shaped not only by innovation, but also by the legal and moral choices humanity collectively chooses to make,” he said, underlining that the challenge for the international community is not only to regulate technological capacity, but also to preserve legal accountability in environments where decision-making is increasingly mediated through algorithmic systems. He added that if responsibility becomes so fragmented that it cannot be defined, responsibility itself runs the risk of becoming illusory.
It was published – 05 June 2026 17:03 IST
