Constitution Must Guide Judiciary Where Law is Silent: Chief Justice of India Surya Kant

New Delhi: Where the law is silent, the Constitution must guide the judiciary, as its enduring promise of dignity, liberty and equality remains unchanged by technology, Chief Justice of India Surya Kant said on Friday.

Speaking at the inaugural event marking the Delhi High Court’s 60th anniversary, the CJI noted that courts today face questions barely conceivable a decade ago. These include whether artificial intelligence-generated works can claim copyright protection, how the legal system should address deepfakes, and how to foster innovation without allowing technology to erode individual rights, he said.

“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.

He added that by holding firmly to this constitutional promise, the Delhi High Court can approach the unknown with an open mind amid a changing world, without losing sight of the individuals it exists to protect.

The Chief Justice also observed that the Supreme Court maintains a special relationship with the Delhi High Court -- not merely due to their proximity, but because the high court shoulders a disproportionately large share of the apex court’s burden compared to other high courts.