AI in Judiciary: Opportunities and Challenges

The Kerala High Court published guidelines for AI usage in the district judiciary, marking the first policy in India to directly address AI in judicial processes. This move is timely, aiming to improve speed and efficiency to manage the five crore pending cases in India. However, AI integration poses several risks and must be approached cautiously.

Risks and Concerns

• Translation and Transcription Errors:
  • An AI-enabled translation misinterpreted ‘leave granted’ as ‘holiday approved’ in Hindi.
  • AI-transcription tool errors, such as misidentifying names.
• Search Engine Bias: AI in legal research could lead to skewed results, potentially ignoring relevant precedents.
• Rule-Based Adjudication: AI might reduce judicial processes to mere rule-based decisions, ignoring human judgment and context.
• Data Security: Without clear frameworks for data access, storage, and usage, AI pilots in courts pose privacy risks.

Recommendations for AI Adoption in Courts

• Critical AI Literacy:
  • Training judges, court staff, and lawyers to understand and use AI effectively.
  • Judicial academies and bar associations to facilitate AI literacy programs.
• Guidelines for Generative AI Usage:
  • Inform litigants about AI usage in courtrooms and allow opt-outs if concerns arise.
• Standardized Procurement Guidelines:
  • Ensure AI systems are suitable and reliable for judicial tasks.
  • Pre-procurement steps to assess technical criteria and vendor compliance.

Vision Document for eCourts Project

The Vision Document for Phase III of the eCourts Project emphasizes the need for technology offices to assist courts in adopting AI. Dedicated specialists can guide in planning and implementing AI tools, ensuring the focus remains on serving justice efficiently without losing the essence of human judgment.