SC Publishes Draft Regulations on AI Use in Judiciary

Syllabus: GS32/Judiciary; E-Governance

Context

• The Supreme Court AI committee has proposed draft regulations that bar AI-assisted sentencing without mandatory human oversight.
  • The proposed regulations come amid concerns expressed by the top court over the growing reliance on AI by courts in rendering judgments. 

Major Highlights of the Regulations

• It permits the use of AI for administrative functions such as case management, preparation of cause lists, scheduling of hearings, transcription of court proceedings and translation of judgments.
• AI systems cannot be used for “risk scoring” in court processes, this includes assessing flight risk, predicting recidivism, evaluating bail eligibility, or determining the credibility of parties or witnesses.

• The processing of personal data through AI systems shall be governed by the provisions of the Digital Personal Data Protection Act, 2023. 
• AI systems must not perpetuate bias on grounds of race, religion, caste, sex, gender, disability, language, economic status, or any other ground prohibited under the Constitution.
• AI-assisted judicial systems should not “widen digital divides” and must remain accessible to all stakeholders.
• To supervise the adoption of AI in the judiciary, it proposes the creation of a full-time “apex body” at the Supreme Court.

Use of AI in India’s Justice System

• In the Supreme Court, High Courts, National Informatics Centre (NIC) AI tools are now assisting various functions such as:  
  • Transcription of oral arguments,
  • Translation of judgments,
  • Identification of defects in e-filing,
  • Legal research, and
  • Metadata extraction.

• Over the past decade, courts have moved from basic computerisation to nationwide digital platforms, real-time data systems, virtual courts and multilingual judgment access.
• Latest technologies like AI and its subsets Machine Learning (ML), Optical Character Recognition (OCR), Natural Language Processing (NLP) are being used in the e-Courts software applications developed under the eCourts Project. 

Significance of Use of AI in Judiciary in India

• Backlog of Cases: India’s judicial system faces a backlog cases, undermining public trust in timely justice.
  • AI can streamline case management, reduce backlog, and speed up judicial processes.
• Overcrowding in Prisons: Indian prisons have been housing more inmates than their capacity for decades now, AI can streamline the complaint registration process, track investigations, flag necessary actions, and assess investigation quality.
• Translation and Accessibility: India has 22 scheduled languages and hundreds of dialects. AI-powered translation can make judicial documents and judgments accessible across linguistic barriers.
  • The SUVAAS (Supreme Court Vidhik Anuvaad Software) project has translated thousands of judgments into regional languages.
• Enhanced Accuracy: AI can prevent neglect of crucial evidence and ensure a more meticulous and reliable criminal justice process.
• Improving Access to Justice: AI chatbots and virtual assistants can help litigants, especially those without legal representation, navigate procedures, track case status, and file petitions.

Concerns/Challanges

• Bias and Dependence: AI-enabled legal research may show search bias, excluding relevant precedents.
  • Over-reliance risks reducing adjudication to rule-based outputs, sidelining nuanced human judgment.
• Data Protection and Privacy: Absence of clear frameworks on storage and use of judicial data raises concerns.
• Infrastructure Gaps: Courts face uneven Internet connectivity, outdated hardware, and limited technical expertise.
• Ethical Concerns: The use of AI in sensitive areas like sentencing and parole decisions raises moral and ethical questions about fairness and justice.
• Exclusion of Human Insight: AI may overlook nuanced factors in cases that require human empathy and judgment.

Way Ahead

• A balanced approach must be taken to ensure AI tools respect privacy, civil liberties, and ethical standards, while preventing misuse.
• By leveraging AI, India’s criminal justice system can become more efficient, accessible, and just, while ensuring safeguards are in place to address any challenges.

Source: TH