This article is written by Anna Mutungura, a dedicated law student with a keen interest in Indian and international law. She aspires to specialize in these areas and is passionate about using her knowledge to help others navigate legal complexities. For any personal queries or suggestions, feel free to reach out to us through our official channel or through contact no. +91 – 8569843472
Introduction
India’s judiciary is the largest in the world, based on constitutional principles and committed unflinchingly to justice. Yet more than 5 crore cases are pending in Indian courts, causing a crisis of delay, inefficiency, and overload. For the common man on the street, justice delayed is justice denied. Over the last few years, Artificial Intelligence (AI) has come to be seen as a potential friend of the world’s legal fraternity.
With tasks ranging from clerical assistance to legal research, AI machines are being tested in courts, law firms, and even universities. Even in India, the judiciary has started to test the waters, most prominently by programs such as SUPACE (Supreme Court Portal for Assistance in Court Efficiency). But this rapid incorporation creates some queries. Can the judiciary be expedited by AI without sacrificing justice? Will it widen the rural-urban gap in courts even further? And most importantly, can machines learn the human facets of justice?
This piece discusses India’s judiciary and the potential role of AI, examining what it can do for India’s courts, the obstacles it poses, and how to proceed towards a technology-suited yet morally sound system of justice.
Opportunities : What AI Can Do for India’s Courts
Reduce Case Backlogs through Smart Management
The AI system can be used to execute repetitive tasks such as case sorting and classification, hearing scheduling, and reminders. This is time-saving for the court officials and judges and enables them to concentrate on the case content. The SUPACE tool introduced by the Supreme Court of India assists judges in scrutinizing files of cases, highlighting pertinent points, and retrieving legal precedents at high speed.
With the humongous pendency in the Indian judiciary, even a 10–15% jump in efficiency could contribute substantially to eliminating pendency. AI can help dispose cases faster, especially simple or routine cases.
Enhance Speed of Legal Research and Judgment Analysis
Legal experts spend countless hours browsing through collections of case laws and legislation. AI facilitates optimisation by using natural language processing and machine learning with the help of tools to:
- Condense judgments
- Identify applicable case laws
- Offer predictive advice on the basis of precedent. This allows for more solid arguments by proponents and makes judges’ rulings more predictable. For students of law, these sites are also revolutionizing legal education by opening up access to research
Provide Enhanced Access to Justice for Citizens
India’s justice system may be intimidating for non-experts, especially rural or marginalized peoples. Legal aid software and chatbots with AI capabilities can:
- Give users confidence in court proceedings
- Give people legal advice in local languages
- Help prepare basic applications or affidavits. These technologies can help de-intermediate citizens’ dependence on intermediaries.
- Enable citizens to speak directly to the courts, making them more capable of enforcing their rights.
Support, Rather Than Replace, Human Judges
In contrast to mass hysteria, AI is not substituting judges. It’s augmenting their ability. AI can highlight contradictions in testimony, flag duplication of evidence, and even give risk assessment in bail or sentence based on facts. Judges are still the ultimate decision-makers, with AI acting as a support system.
This “hybrid human-AI” is what the majority of experts think will be the destiny of legal decision-making, where machines are able to assist, but not replace, human judgment.
Concerns: What We Must Be Mindful Of
Absence of Legal Regulation of AI in Courts
There is no clear law of using AI in courts in India. In the absence of a clear mandate, the legal status of actions suggested or initiated by AI is open to interpretation. Fundamental questions need to be resolved:
- Who will be held liable if AI suggests an erroneous alternative?
- Can litigants appeal against results generated by algorithms?
The lack of legislative transparency can be a cause of mistrust and abuse and therefore calls for codifying judicial norms that are AI-specific.
Algorithmic Bias and Discrimination
AI tools learn from historical data, and if historical data is socially, economically, or sexually biased, then the AI tool can replicate it. Suppose the history of cases indicates higher rejection of bail for the poor segments, then AI can suggest similar judgments in future cases.
This can undermine the very fabric of judicial neutrality, particularly in a nation as multicultural as India.
Data Privacy and Cybersecurity
Judicial data is highly sensitive. Case records, witness testimony, financial statements, and medical records all come under judicial purview. Unless AI systems are properly secured, such data can fall prey to:
- Hacking
- Unauthorised surveillance
- Third-party tool data mining
Any application of AI in the courts must then be preceded by strong data protection regulations and encryption.
Digital Divide and Gaps in Infrastructure
While the higher courts are implementing AI, many rural lower courts lack even regular internet access or even computer systems. This will create a patchy spread of AI tools, which will further exacerbate existing inequalities of access to justice.
If AI is reserved as a privilege of the well-connected and city courts, then it will further exacerbate the digital divide.
The Way Forward: Getting it Right
Create a Legal and Ethical Framework
India needs to create strong legal standards for AI in the judiciary. This includes:
- Legislation on the development and usage of AI tools
- Clarity on liability and accountability
- An auditing system to maintain transparency
Taking cues from international frameworks such as the EU’s AI Act, India can frame its own rules according to its legal and social setup.
Training and Capacity Building
The success of AI in courts is contingent upon the judges’, lawyers’, and court staff’s willingness to embrace it. It is essential that training sessions and workshops are routinely conducted to introduce them to AI tools and their possible uses.
Modules of legal technology can also be integrated into law schools and judiciary academies so that the future legal professionals are equipped.
Foster Inclusive and Equitable Access
To avoid exclusion, use of AI needs to be matched with investment in court infrastructure in all parts of the country. Offl ine functionality, mobile reach, and local language rollout can help ensure that AI is employed to narrow divisions and avoid widening them.
Working with NGOs and legal aid organizations can also help broaden coverage of AI-based legal services for marginalized groups.
Conclusion
AI can be profoundly powerful in revolutionizing India’s judiciary. Whether it is minimizing case pendencies or enhancing access and efficiency, it can shape a speedier, wiser, and more responsive judiciary. But it has to be done with ethics, inclusivity, and respect for human rights at their best.
The law is greater than reason, it is of compassion, justice, and vision. AI can serve these principles but can never substitute the wisdom and empathy of a human judge. In the future, India needs to make sure that justice remains human-oriented with AI as a valued companion, not a harsh master.
