The Supreme Court has released a draft framework proposing regulations for the use of artificial intelligence (AI) in courts, aiming to improve access to justice and judicial efficiency while ensuring AI remains subordinate to human judgment.
The 35-page Draft Regulations for Use of Artificial Intelligence in Courts was released on June 3 for public consultation.
Suggestions on the draft can be submitted until July 15.
The proposed regulations encourage courts to adopt AI tools for administrative functions such as transcription, translation, and improving access to justice. They seek to establish an institutional framework for responsible AI adoption based on the principles of human oversight, transparency, accountability, data protection and judicial independence.
The draft makes it clear that AI must remain subordinate to human judgment and judicial authority. It also allows for phased implementation, enabling the Supreme Court and High Courts to adopt the regulations or parts of them according to their requirements and readiness.
The framework identifies both permissible and prohibited uses of AI. It bars the use of personal data to train AI models and prohibits AI-generated outputs from being used to determine judicial decisions, including in bail matters. It also cautions against treating AI-generated material as independent evidence without full disclosure of its nature.
The draft proposes the creation of AI Committees at the Supreme Court and High Court levels, along with a permanent body to oversee policymaking and implementation. The proposed body would include Supreme Court judges, two High Court Chief Justices nominated by the Chief Justice of India, a senior official from the Ministry of Electronics and Information Technology, AI experts, cybersecurity specialists, finance experts, and senior legal professionals.
It also proposes five subcommittees to oversee judicial issues, technical matters, infrastructure and finance, case and data management, and cybersecurity.
The draft further states that litigants should be informed whenever AI provides material assistance in their cases.
Last month, the Supreme Court expressed concern over a National Company Law Tribunal judgment that relied on non-existent legal precedents generated using AI.
While setting aside the ruling, the court stressed that human control must remain absolute at every stage of the judicial process and warned against overdependence on AI by legal professionals.