An Independent Judiciary Is Responsible For Rule Of Law, Extremely Important To Meet Its Needs And Requirements: Justice Surya Kant

While speaking at the inauguration of various infrastructure and technological projects at the Gujarat High Court on Saturday (December 7) Supreme Court judge Justice Surya Kant emphasized that since the responsibility of rule of law lies on the "independent organ of judiciary", its needs, requirements must be met supplemented with a vision of its development.

Elucidating on the judiciary's role, Justice Kant said, "When we visualize the position of the nation, we must also understand that judiciary is a very important stakeholder in this development and probably a country would want to progress and reach the highest position, the nation believes and firmly believes that rule of law and good governance are the two components which will take it to those great heights. The responsibility of the rule of law lies on the Constitutional independent organ of the judiciary. And therefore, the requirements of the judiciary, taking care of those needs also having vision for the development of judiciary, providing all the requirements to the judicial system so that we can create predictability, we can create the confidence among the investors when we talk of the foreign direct investment, is extremely important”.

He further added,“There is a, I would say a unfounded feeling is being created in certain jurisdictions that in India if you are entangled in a litigation, your matter will never be decided and this kind of unpredictability, it (is) confusing version about our system becomes discouraging, demoralizing factor with respect to those who really want to become partners in the development of the county. I often keep on going to different countries and in recent times, at least I have been to seven or eight jurisdictions.This is the question which is being asked to us and people start confronting us that is 'it correct that Indian Judicial is taking that much time'".

The judge said that there has been remarkable development–particularly in the matter of commercial litigation and pan India–wherein all the High Courts have really taken revolutionary, extraordinary and very visionary steps to ensure that there is a time line, predictability and these matters are decided in priority basis. This, he said, is would be our befitting answer to those who really want to become stake holders in our development.

Judiciary depends on government for budgetary support, required in all states to face challenges 

Emphasizing on support for the judiciary for development of infrastructure the judge said, "For that, therefore, the judiciary which does not have its own budgetary provision allocation will have to entirely depend on the executive and I am extremely happy to see that the State of Gujarat is one government, which as the Hon'ble Chief Justice shared with me and the Chief Minister also very happily told that as and when the demands come in the High Court they never say no and they extend their helping hand for the development of types of infrastructure. That is what is required not only in one state but throughout the India so that the judiciary can accept the day to day and future challenges that its likely to face". 

The event also marked the unveiling of various facilities, including the ground breaking ceremony of the proposed 21 courtroom building, an additional administrative building, I.T. Cell, recreation centres for the Gujarat State Judicial Academy, technological initiatives like 'eGujHC' Vision Document Version 1.0' and release of the 'Nyay Setu' Newsletter. The event was attended by various dignitaries including the Chief Minister Bhupendra Patel,  High Court Chief Justice Sunita Agarwal,  Minister of Law & Justice (Cabinet) for State of Gujarat Rushikesh Patel, judges of the High Court, former judges as well as members of the bar. 

On infusion of Technology to aid judicial infrastructure

Justice Kant then emphasized on the transformative impact of technology on the judiciary, particularly during the COVID-19 pandemic. He noted that India was among the few countries where courts remained operational through virtual hearings.

"That has really strengthened, has created an infusion, a confidence amongst our judicial system that technology can really do a wonder not only in terms of dismantling and eliminating the geographical boundaries, geographical distances and that's why a person while sitting in Ahmedabad or sitting in Chennai, Calcutta or North East can argue the matter before the Supreme Court and its happening every day before us...I am extremely happy and delighted to see that Gujarat High Court has taken a leap forward and necessary steps for infusion of technology in day-to-day functioning.Today, everything is in public domain, as the Chief Justice shared with me, you click a button and you find how many cases are pending in the High Court of Gujarat; how may cases are part-heard; how many cases are heard, (in how many cases) the judgments are awaiting; what is happening in the District Court; which Family Court is taking which matter; while sitting at one place; you can have access to all these things. That transparency really has done wonders because the judicial system was being treated as a kind of an opaque system and therefore people were having a lot of the untold story, a confusion, a half-baked truth about our system. The technology has really helped us a lot in removing those misconception and wrong impression about our system. Heartiest congratulations to the Gujarat High Court and to the District Judiciary that you have really been able to now have the optimum use of the system," he said. 

On the use of Artificial Technology

Justice Kant narrated his experience at BRICS Chief Justices' Conference in June, where real time AI translations was used to communicate with Chief Justices of different countries. He also encouraged the use of AI in judiciary process to translate judgements into regional languages such as Gujarati to make it accessible for normal public.

"I can give you one example, in June I was representing the Indian Judiciary in a conference of BRICS countries, the Chief Justice's Conference. The (Former) Chief Justice of India, couldn't go so, I was representing there, in almost 16 Chief Justices of different jurisdiction were there and I could see that most of them are speaking in their own language except probably me and the Chief Justice of Ethiopia, we were the only two persons speaking in English. But the quality of translation of our speeches into their languages was something which I first time I could experience, thanks to AI. There were real time translation; when I was speaking not a second's difference was coming in translating the language, the English speech into their languages," he said.

He said that today with the assistance of AI, judgments of the Supreme Court can be translated in 13-16 languages. Pointing to the requirement of additional courtrooms for which the foundation stone was laid at the event, the judge said that thinking of these requirements well in advance and planning the execution of those projects is extremely significant.

"Without the infrastructure judiciary will not be able to give that desired performance that people, the consumer of justice, the different jurisdiction, other countries are looking for and awaiting for from our side," he added.  

Before parting Justice Kant spoke about his conversation with the Chief Minister wherein he requested him that the state government needs to concentrate on providing good quality infrastructure at sub-divisional and District judiciary to which the judge said, that the Chief Minister had "whole heartedly agreed" stating that whatever requirements are needed the "state government will immediately provide it".

Justice Kant lastly said, “After the infrastructural facilities of the High Court, having being provided, the Hon'ble Chief Justice and all the Hon'ble judges will also…evaluate that what are the future requirements in next 10 years, 15 years or 20 years or whatever the timeline you can predict for the District Judiciary and equal, positive and constructive initiative for the District Judiciary will be taken up”. 

State government's support for judicial infrastructure, digitization

Meanwhile Chief Minister Bhupendra Patel, while addressing the gathering in Gujarati, said that Prime Minister Narendra Modi is known to have the vision to provide the Judicial System a strong infrastructure and timely technological advancements. He said that the hard work of the Gujarat High Court further added into his vision by introducing 21 new courtrooms and initiating infrastructural development amounting to Rs. 133 crores. He said that the State Government not only encourages the infrastructural development of the city but also tries to bring the judicial infrastructural development.

The CM further stated that in the development of any country or state, law and justice system has an important contribution in good governance. He said that the state government always prioritizes the requirement of the Gujarat High Court and the government has introduced increment in the budgets from Rs. 1698 crores in 2021-22 to Rs. 2586 crores in 2024-2025 catering to the needs and requirements of the judicial system of Gujarat.

This reflects the support and commitment of the government for infrastructure, digitization in order to improve efficiency in the judiciary, the CM said adding that to promote transparency, efficiency and good governance, the government supports digitization.

He further mentioned that the Gujarat High Court has set a commendable precedent by streaming live proceedings on YouTube. Similarly, the High Court has pioneered the adoption of virtual courts, digital portals, paperless and e-filing that has been adopted by the judiciary of the state. Along with the court, all the stake-holders such as litigants, clerks are part of the digitization. He lauded the introduction of the vision of a 'Pure Paperless Court and Pure Paperless Registry' which will encourage the functioning of e-courts. This has also encouraged Taluka and Family Courts digital case filing, development of software for uploading case files and video conferencing, he said. 

Congratulating the Chief Justice and the High Court team for introducing technological projects, the CM said that under the leadership of the Prime Minister "ease of justice" is a provision along with "ease of living and ease of doing business". The main motto of Bhatiya Nagarik Sanhita is 'Nagarik Pratham', he emphasized. After the country's independence, he said, we have introduced our own laws (BNS, BNSS and BSA) in India as part of Viksit Bharat initiative. 

Before parting the CM said, "Under the leadership of our Prime Minister Narendra Modi, we are going towards Amrit Kaal. This Amrit Kaal is considered as Kartavya Kaal. In this Kartavya Kaal, let's come together for the development of strong judicial system with good governance". 

21 new courtrooms with amenities and vision of a paperless court

Chief Justice Sunita Agarwal while addressing the gathering gave a bird-eyes view the initiative and schemes and described the occasion as the beginning of a new era. The addition of 21 new courtrooms represents a crucial investment in meeting the judiciary's growing needs. The building would include ramps and escalators to ensure accessibility, adjustable furniture, designated seating areas for litigants, advocates, and differently-abled persons and gender-inclusive, hygienic washrooms for all. The Chief Justice further said that the facilities are designed to provide a conducive work environment, enhancing productivity and mental well-being of staffs and officers of the court. Furthermore, the Chief Justice noted that the recreational centres for judicial officers and their families aims to alleviate the pressures of judicial work and improve the overall quality of life for those serving in the judiciary.

Another highlight of the event was the launch of the 'eGujHC Vision Document 1.0', a roadmap for transforming Gujarat's Judiciary into paperless ecosystem. The key focus of this would be to eliminate physical files, ensure seamless access of all the stakeholders including litigants, advocates and registry officials, to foster transparency, efficiency and accountability through the usage of technological advancement.

Speaking on the technological advancements and additions including the eGujHC portal, the Chief Justice said,“The eGujHC portal aims to transform judicial process with comprehensive training and plan to ensure its seamless adoption by all stakeholders. I take this opportunity to call upon my colleagues on Bench, learned Senior Advocates as well as young members of the Bar, members of the Registry, Advocate Clerks and all those associated with the system to whole-heartedly welcome this initiative. I earnestly request each one of you not merely to accept or adopt it but to truly embrace it and own it. This vision of paper less court will become a reality in true sense only when each of you consider this initiative as your creation and as a reflection of our shared vision for the future of our legal system. I am reminded of what Justice Surya Kant has said while discussing the challenges posed by Artificial Intelligence to Virtual Courts. I quote, 'I think we should not be afraid of the advancement of AI Technology and should engaged with it to see how it can help the system improve. The side effects or the adverse effects that exists for them, I think, we can bring regulations to prevent misuse but the advancement in technology and its effective applications should definitely be encouraged'". 

Click Here To Read eGujHC Vision Document