AI in legal system

According to the latest data from the National Judicial Data Grid, Indian courts are grappling with a significant backlog of over 4.5 crore cases. The integration of artificial intelligence in the legal domain appears promising in terms of enhancing efficiency and accessibility. However, it also poses challenges and raises concerns about the erosion of human sentiment, which lies at the heart of justice.

Supreme Court Judge, Justice B R Gavai, in his speech on ‘Leveraging Technology within the Judiciary’ in Nairobi, Kenya, remarked: “The essence of justice often involves ethical considerations, empathy, and contextual understanding — elements that remain beyond the reach of algorithms.”

AI has indeed been a transformative force across various sectors, including the legal system, reshaping research methodologies and strategic approaches. Natural language processing and machine learning algorithms have the potential to reduce time spent on routine tasks, enabling more client-focused and diversified legal strategies. For instance, in countries like the United States and the United Kingdom, law firms are already employing AI-powered platforms such as ‘ROSS Intelligence’, ‘Westlaw Edge’, and ‘Harvey AI’, which can sift through several pages in seconds, creating robust research, undoubtedly surpassing human research capacity.

In India, recognising the potential of technology, the Supreme Court has incorporated the ‘Supreme Court Vidhik Anuvaad Software’ to translate judgements into Indian languages— an important step towards transparency and accessibility. Given India’s scale and diversity, AI-integrated applications such as virtual legal assistants and chatbots could significantly enhance inclusivity and access to justice.

At the ‘Lawtech UK Generative AI Event’ in London, the Master of the Rolls, Sir Geoffrey Vos, stated, “Human rights and the rule of law remain fundamental to the justice system. It must be uncontroversial that we should always use generative AI with an eye to promoting and improving access to justice and the quality of decision-making.”

Countries like China have introduced AI-powered virtual holographic judges for small claim courts, significantly reducing dispute resolution time. The European Union has led the way by introducing the Artificial Intelligence Act, while the US has developed multiple frameworks and guidelines for AI governance; individual states have enacted their own laws. The Law Society (England and Wales) has also issued AI usage guidelines for legal practitioners.

While AI promises greater efficiency, it also poses numerous challenges and ethical dilemmas. Heavy reliance on historical data and entrenched biases—based on gender, race, sex, religion, or caste—can reinforce discrimination and lead to unjust outcomes.

For instance, research shows that the ‘Correctional Offender Management Profiling for Alternative Sanctions’ tool disproportionately flags Black defendants as high risk in the US; this is concerning for India, which has high social inequalities.

In another incident, New York lawyers were imposed sanctions by the U.S. Court and were fined $5000 for six fictitious citations. Recently, Karnataka High Court ordered a probe against a trial court judge who passed orders relying on the non-existent apex court judgements, raising serious concerns about AI and the law.

Responsibility rests with the developers or legal professionals who use the tool? Existing frameworks don’t address these technical issues. Also, sensitive data from the clients and court documents are vulnerable to repercussions in the era of increasing cyber threats.

AI lacks emotional intelligence, empathy, and moral reasoning. In a socially and culturally diverse country like India, the human element remains essential in delivering true justice. Addressing these challenges is key to enhancing efficiency and clearing the path towards justice.

AI integration gives unprecedented opportunities to reduce delays and improve efficiency. To fully harness its benefits while mitigating associated risks, India must develop a comprehensive and robust framework that balances AI and law.

Secondly, AI integration with law needs multidisciplinary collaborations between policymakers, practitioners, academicians, and developers that can help in futuristic thinking considering ground realities and societal values.

Thirdly, strengthening of data protection and cybersecurity in the existing Digital Personal Data Protection Act, 2023, and incorporating explicit provisions related to AI-powered processes, and there is a need for setting up an ‘AI Safety Committee’ for constant vigilance on any possible misuses.

Finally, policymakers must invest in education and training, and professional skills in a legal education system wherein students learn to use AI in the legal field responsibly without compromising a person’s intellectual capabilities.

AI and law hold a pivotal role in the justice system, addressing perilous issues that uphold the rule of law and the democratisation of justice. AI can’t be an alternative or replacement but rather a supplementary aid to simplify legal tasks, improving efficiency wherein humans and technology coexist harmoniously.

(The writer is a Bengaluru- based advocate)