Where the Law Is Silent, the Constitution Must Guide Judges: CJI on AI, Copyright and Deepfakes at Delhi High Court's 60th Year
The Delhi High Court began celebrating 60 years of its existence at an event in New Delhi on 30 October 2026. The court was set up on 31 October 1966.
The Chief Justice of India (CJI), Justice Surya Kant, said courts now face questions that were hard to imagine ten years ago: can a work made by Artificial Intelligence (AI) get copyright, how should the law deal with deepfakes (fake videos or audio made with AI), and how can new technology grow without harming people's rights.
He said such questions rarely have ready answers in existing laws. Where the law is silent, the Constitution must guide judges, because its promise of dignity, liberty and equality does not change with technology.
The CJI noted features of the Delhi High Court: it started with four judges, set up India's first High Court-annexed arbitration centre in 2009, has ordinary original civil jurisdiction (it can hear big civil and commercial suits directly, without a district court first), and runs a specialised Intellectual Property Division.
He also said the Delhi High Court takes a large load off the Supreme Court, because many litigants can get relief there first.
High Courts in India: Constitution, Composition and Jurisdiction
A High Court is the highest court in a state. It sits above all the district and lower courts of that state, and below only the Supreme Court of India. It hears appeals from lower courts, protects people's Fundamental Rights and other legal rights through writs, and supervises every court and tribunal in its area. India has 25 High Courts, and their powers come mainly from Articles 214 to 231 of the Constitution (Part VI, Chapter V).
The CJI spoke at the start of the Delhi High Court's 60th year. The court's ordinary original civil jurisdiction, its arbitration centre and its IP Division are exactly the features that let it take load off the Supreme Court and hear complex commercial and technology cases first.
Copyright Act, 1957: Protecting Creative Work in India
Copyright is a legal right that protects original creative work, such as a book, a song, a painting, a film, a photograph or computer software. It gives the creator the right to decide who can copy, sell, perform or adapt that work, usually for a fixed number of years. In India, copyright is governed by the Copyright Act, 1957. Copyright comes into being automatically the moment an original work is created and fixed in some form; registration is useful as proof but is not compulsory.
The CJI named "can an AI-generated work claim copyright protection?" as one of the new questions courts now face. The Copyright Act does not clearly answer it, which is why he said that where the law is silent, judges must be guided by the Constitution's values. The Delhi High Court, with its IP Division, is where many of these AI copyright cases, such as ANI v. OpenAI, are being heard first.
Deepfakes and Synthetic Media Governance
A deepfake is a fake photo, video or audio clip made with artificial intelligence that looks or sounds real. It can show a person saying or doing something they never said or did. Deepfakes can be used for fraud, harassment, fake news and damaging someone's reputation. India regulates them mainly through the Information Technology Act, 2000 and the IT Rules, 2021, which were amended in 2026 to deal directly with AI-made content.
The CJI listed "how the law should respond to deepfakes" among the new questions before courts. Even with the 2026 rules, many issues (such as the balance with free speech under Article 19(1)(a) and the right to privacy under Article 21) will reach courts, which will have to apply constitutional values of dignity, liberty and equality.
- Delhi High Court: established 31 October 1966 under the Delhi High Court Act, 1966; began with 4 judges; 60th anniversary celebrations began 30 October 2026
- Delhi High Court firsts: India's first High Court-annexed arbitration centre (2009); IP Division (July 2021)
- Delhi HC ordinary original civil jurisdiction: suits worth more than ₹2 crore (since 26 October 2015)
- 5 High Courts with ordinary original civil jurisdiction: Delhi, Bombay, Calcutta, Madras, Himachal Pradesh
- India has 25 High Courts; HC judges retire at 62 (SC: 65)
- High Court pendency: about 64.67 lakh cases (July 2026); sanctioned strength 1,122 judges
- Copyright Act, 1957: term = life + 60 years; Section 2(d)(vi) on computer-generated works
- DABUS order (31 August 2026): AI cannot be recorded as author under Indian law
- ANI v. OpenAI: interim injunction refused by Delhi HC single judge on 24 July 2026
- IT Rules amendment on synthetic content: notified 10 February 2026, in force 20 February 2026; 3-hour takedown on orders