Supreme Court's AI Regulations Overview

Summary of Proposed Draft Regulations for Use of Artificial Intelligence (AI) in Courts, 2026

1. Judicial Oversight of AI:

   • The Supreme Court's AI committee has drafted regulations prohibiting AI from independently determining judicial outcomes.
   • AI must function solely in support of human judgment, ensuring mandatory human oversight in sentencing and court processes.

2. Judicial Misconduct:

   • In March, the Supreme Court addressed issues of reliance on AI by a trial court, labeling the dependence on AI-generated non-existent judgments as potential judicial misconduct.

3. Regulatory Framework:

   • The draft titled 'Regulations for Use of Artificial Intelligence (AI) in Courts, 2026' emphasizes AI systems serving an assistive role under strict human control.
   • AI applications must not introduce biases based on race, religion, caste, gender, or other constitutional grounds (Articles 14, 15, and 16 which outline equality before law and non-discrimination).

4. Data Protection Compliance:

   • The processing of personal data by AI systems is to comply with the Digital Personal Data Protection Act, 2023.

5. Risk Management:

   • Applications posing a higher risk to personal liberty or judicial integrity will demand heightened safeguards, including independent oversight and human review.

6. Accessibility and Inclusion:

   • The regulations prioritize preventing the widening of digital divides, ensuring access for all stakeholders, especially marginalized groups.

7. Permissible AI Uses:

   • AI may be used for administrative functions such as case management, hearing schedules, transcription, and judgment translation.
   • However, AI cannot be used for risk scoring related to bail, flight risk, recidivism prediction, or witness credibility assessments.

8. Surveillance Restrictions:

   • Surveillance or continual monitoring of judicial officers and other stakeholders via AI is generally prohibited, except as mandated by existing laws.

9. Apex Body Formation:

   • The proposed regulations suggest establishing a full-time apex body to oversee AI integration in the judiciary.
   • Composition includes:
     • Two Supreme Court judges (one as chairperson)
     • Two High Court Chief Justices and judges
     • Expert members from national institutions and finance, cybersecurity fields
     • Advocates with expertise in technology-related laws.
     • The professor heading Artificial Intelligence at the National Judicial Academy, Bhopal.

10. Public Consultation:

    • Stakeholders and the public are invited to provide feedback on the draft regulations by June 20.

This regulatory framework reflects significant steps towards standardized and responsible AI use in the Indian judiciary, balancing technological advancements with constitutional safeguards and human judicial authority.