Constitution must guide courts on AI and deepfakes, says CJI Surya Kant

CJI Surya Kant addressed the Delhi High Court's 60th anniversary event on emerging technology disputes. He said constitutional guarantees must protect individual rights whenever legislation offers no clear answer.

In Short

• Delhi High Court marked sixty years at an inaugural commemorative event
• Justice Vikram Nath praised its legal contributions and institutional growth
• The court began with four judges as Delhi rapidly expanded

Chief Justice of India Surya Kant on Friday said the Constitution must guide the judiciary when the law is silent, as its promise of dignity, liberty and equality does not change with technology, news agency Press Trust of India reported.

Speaking at the inaugural event marking 60 years of the Delhi High Court, the CJI said courts now face questions that were scarcely imaginable a decade ago. These include whether content generated by artificial intelligence can receive copyright protection, how the law should deal with deepfakes, and how innovation can be encouraged without allowing technology to undermine individual rights.

“Such questions will rarely find ready answers in the statute book. Where the law is silent, it is the Constitution that must guide us. Its promise of dignity, liberty and equality does not change with technology, and every new question must be answered in that light,” CJI Kant said, according to PTI.

He said the Delhi High Court could respond to the unknown with an open mind and adapt to a changing world while remaining focused on protecting individuals.

The CJI said the Supreme Court has always shared a special relationship with the Delhi High Court, not merely because the two are neighbours, but because the high court handles a disproportionately large share of matters that may otherwise reach the apex court.

“Many times, when a matter is mentioned before us, we find ourselves reminding the counsel that the Delhi High Court is just around the corner, and that relief may well await them there before their matter even reaches our board,” he said.

Supreme Court judge Justice Vikram Nath, who also addressed the gathering, praised the Delhi High Court's contribution to the development of law and its institutional growth over the past six decades. In a lighter vein, he said its judges sometimes appeared to be “more powerful than judges of the Supreme Court”.

CJI Kant said the Delhi High Court carried a responsibility of extraordinary magnitude. When it was established in 1966, it was not merely another high court serving a growing city, but was located at the centre of the country's political and administrative life.

He said questions involving government authority, individual liberty and public accountability were bound to reach its courtrooms, with consequences extending beyond the capital. These responsibilities had multiplied over time as Delhi expanded, commerce grew and millions more people made the city their home.

“Litigation has naturally grown alongside the city, as have the numbers of advocates and litigants before this court. What began as a court of just four judges is today an institution that resolves disputes of remarkable variety and complexity. This high court deserves every appreciation for rising to those demands,” the CJI said.

He said the high court had significantly contributed to the development of civil and commercial law. In 2009, it set up India's first arbitration centre attached to a high court. Its move towards electronic filing and digital processes also reflected its willingness to embrace change.

CJI Kant said the court's power to directly hear significant civil and commercial disputes, without requiring litigants to first approach district courts, had placed it at the forefront of handling complex commercial cases.

He also praised the Delhi High Court's specialised intellectual property division, saying it had earned a strong reputation in India and abroad for the quality of its rulings.

The event was attended by other Supreme Court judges, Delhi High Court Acting Chief Justice Nitin Wasudeo Sambre, and serving and former judges of the high court.

In his address, CJI Kant highlighted the Delhi High Court's six-decade journey, its growing role in handling complex disputes and the need for constitutional principles to guide courts as they confront new challenges arising from technology.

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