SC turns down PIL on regulating AI use in judiciary

Maintaining that the judiciary uses Artificial Intelligence (AI) in a judicious manner, the Supreme Court on Friday refused to entertain a PIL seeking to curb alleged unregulated use of AI and machine learning tools in the judicial system.

“We use it in a very over-conscious manner and we do not want this to overpower our judicial decision-making,” a Bench led by Chief Justice of India Surya Kant said.

As senior advocate Anupam Lal Das, representing petitioner Kartikeya Rawal, sought safeguards against the risks posed by AI-generated content and its alleged misuse in judicial processes, the Bench – which also included Justice Joymalya Bagchi – said these issues can be appropriately addressed by it on the administrative side rather than through judicial directions.

As the court was not inclined to entertain the petition, Das chose to withdraw it.

AI tools created non-existent judicial precedents or judgments which finally became part of judicial pronouncements, the Bench acknowledged the concerns raised by him, saying this was a lesson for both the Bar and the Bench.

It cast a duty on lawyers and judges to verify the AI generated case laws and this could be dealt with in judicial academies and by bar bodies by training judicial officers and lawyers, the Bench said.

Noting that AI may assist in judicial tasks, the Bench emphasized that it cannot replace or influence judicial reasoning.

Alleging that lower courts had begun citing “non-existent Supreme Court precedents”, Das submitted that regulatory directions from the top court were needed.

However, the CJI said the judiciary was aware of such risks and that judges were being addressed through judicial training. “Judges must cross-check. This is part of the judicial academy curriculum and is taken care of. With passage of time, the Bar will also learn, and we will also learn,” the CJI said, declining judicial intervention.

The asked the petitioner to submit recommendations to the Supreme Court on the administrative side.

“Someone with sincere intentions is most welcome to give us suggestions. You can mail them to us,” the CJI said.