CJI Surya Kant: Discusses German AI Courts, Judicial Cooperation

• CJI Surya Kant met with Ulrich Herrmann, Presiding Judge of Germany's Federal Court of Justice, in Karlsruhe to discuss AI in courts, cross-border mediation, and judicial cooperation.
• The CJI asserted that artificial intelligence can augment judicial reasoning but cannot substitute judicial conscience, specifically for assessing witness credibility, flight risk, and bail eligibility.
• India's new Mediation Act, 2023, which recognizes international and online mediation, was highlighted as a key area for potential India-Germany collaboration in dispute resolution.
• Discussions also covered India's extensive judicial architecture, judge strength, and significant digitization efforts, including the eCourts Mission Mode Project and various legal tech tools.

Artificial intelligence may augment judicial reasoning, but it cannot substitute the judicial conscience.

Chief Justice of India (CJI) Surya Kant recently engaged in a significant bilateral meeting with Ulrich Herrmann, the Presiding Judge of Germany's Federal Court of Justice, in Karlsruhe. The discussions on Wednesday encompassed a broad spectrum of topics, including the integration of artificial intelligence in courts, the advancement of cross-border mediation, and the establishment of a potential framework for India-Germany judicial cooperation. This rare comparative exchange brought together two distinct legal traditions—India's common law system and Germany's civil law framework—both grappling with shared challenges such as case pendency, ensuring consistency in judgments, and enhancing access to justice.

During the meeting, CJI Surya Kant extended congratulations to the German court for its decision to establish the Seventh Criminal Senate in Leipzig, effective from July 1, 2026. He characterized this move as a timely and appropriate response to the increasing appellate workload faced by the German judiciary. The CJI highlighted the inherent differences between the two nations' legal structures, noting that India operates with an integrated judicial hierarchy under a common-law tradition, while Germany employs a civil-law system featuring separate branches of federal jurisdiction. He underscored that these very distinctions render such comparative dialogues particularly valuable.

CJI Surya Kant provided the German delegation with a comprehensive overview of India's judicial architecture, which includes District and Trial Courts, 25 High Courts, and the Supreme Court at its apex. He elaborated on the High Courts' significant writ and supervisory powers, as enshrined in Articles 226 and 227 of the Constitution, and emphasized the binding nature of Supreme Court rulings on all other courts, as stipulated by Article 141. The discussion also touched upon foundational legal principles, such as the basic-structure doctrine established in the landmark 1973 Kesavananda Bharati case.

Presenting current judicial statistics, the CJI informed that as of July 1, 2026, the Supreme Court was operating with 35 judges against a sanctioned strength of 38, while the High Courts collectively had 781 judges against an approved strength of 1,122. In contrast, he noted that Germany's Federal Court of Justice functions through a more specialized structure comprising 13 Civil Senates and seven Criminal Senates, differing from India's generalist, roster-based model. A significant portion of the dialogue focused on technology, with the CJI detailing India's robust push for digitization, aimed not just at modernizing courts but fundamentally at improving accessibility and transparency. He highlighted Phase III of the eCourts Mission Mode Project, backed by an outlay of Rs 7,210 crore, and showcased advanced tools like SUPACE and LegRAA for legal research, SUVAS for translating judgments into 16 regional languages, and SuSahay, a conversational interface designed to help citizens track their cases.

A crucial aspect of the discussions, particularly relevant to the future of CJI Surya Kant German AI courts, revolved around the appropriate boundaries for artificial intelligence within the judicial system. The CJI articulated a clear and firm stance, stating that while AI possesses the capacity to augment judicial reasoning, it cannot, under any circumstances, substitute the judicial conscience. This position signals the direction of future AI in Indian courts regulation.

He further elaborated that the Supreme Court's proposed AI regulations are designed to explicitly exclude certain core judicial functions from AI's purview. These critical areas include the assessment of witness credibility, determining flight risk, and evaluating eligibility for bail, ensuring that such decisions remain firmly within the domain of human judicial discretion. This emphasis on the limitation of judicial conscience AI limitation underscores a cautious yet progressive approach to integrating technology into the justice delivery system.

Mediation emerged as another central theme of the meeting, with CJI Surya Kant identifying it as a personal priority. He highlighted the Mediation Act, 2023, as India's first dedicated statutory framework for the practice, notably recognizing both international and online mediation. The discussion underscored the growing importance of online dispute resolution (ODR) and hybrid formats, such as med-arb-med, particularly in cross-border commercial matters. The CJI framed arbitration and mediation as complementary tools rather than competing ones, with arbitration settling legal rights and mediation facilitating outcomes that parties can genuinely accept and live with.

He also drew attention to India's expanding mediation infrastructure, which includes institutional centers, Lok Adalats, Digital Lok Adalats, and the Supreme Court's recent Samadhan Samaroh initiative. These developments present fertile ground for India-Germany judicial cooperation, especially concerning the enforcement of mediated settlements and the training of mediators. The CJI concluded this segment by acknowledging a concept note received from Hamburg's Hansea, further indicating a willingness for international collaboration in this vital area of dispute resolution.

The CJI's clear stance on AI's limitations in judicial decision-making (e.g., witness credibility, bail eligibility) signals the direction of future AI regulations in India, which lawyers must monitor for compliance and ethical use of legal tech. Furthermore, the emphasis on cross-border mediation under the new Mediation Act 2023 highlights a growing avenue for international dispute resolution, requiring lawyers to consider ADR strategies for clients with India-Germany ties.

Source: Reporting based on legal news sources.