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AI Guidelines in Judiciary
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Context:
Kerala High Court published India’s first AI usage guidelines for district judiciary to improve efficiency while addressing ethical, legal, and procedural risks.
Opportunities and Challenges
- Efficiency Gains: AI tools such as document translation, transcription, and defect identification in filings can enhance speed and efficiency in handling over five crore pending cases.
- Risk of Errors: AI transcription and translation can misinterpret legal terms, names, or context (e.g., “leave granted” mistranslated), and hallucinations in LLMs may produce false information.
- Impact on Judicial Reasoning: Over-reliance on AI risks reducing adjudication to rule-based inferences, overlooking human judgment, contextual relevance, and legal precedents in decision-making.
Ethical, Legal, and Technical Safeguards
- Transparency to Litigants: Courts must inform litigants if AI is used and allow them to opt-out if they have concerns about accuracy or human oversight.
- Critical AI Literacy: Judges, court staff, and lawyers require training in AI capabilities and limitations, facilitated by judicial academies and bar associations in collaboration with AI governance experts.
- Procurement and Evaluation: Standardized frameworks are needed to assess AI reliability, explainability, data management, and suitability before adoption in courts.
Institutional Integration and Oversight
- Role of Technology Offices: Phase III of the eCourts Project proposes dedicated technology offices to guide courts in selecting, evaluating, and overseeing AI tools.
- Human Oversight: AI outputs should undergo verification by trained personnel to prevent errors, ensuring that technology supports rather than replaces judicial reasoning.
- Purpose of AI Adoption: The ultimate aim is to enhance efficiency while preserving nuanced human judgment and the integrity of the judicial process.
Practice Question:
“Critically examine the implications of Artificial Intelligence adoption in India’s judiciary. Discuss the ethical, legal, and procedural safeguards necessary to ensure that AI complements human decision-making without compromising justice.” (250 words)
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