The draft regulations have been placed in the public domain, with the Supreme Court inviting comments and suggestions from stakeholders, legal professionals, technology experts and citizens until June 20 before finalising the framework.
Under the proposed rules, lawyers would be permitted to use AI tools for legal research, drafting pleadings and documents, translation, transcription and case management. However, any use of AI in preparing documents, submissions, pleadings or evidence must be disclosed to the court at the time of filing.
The draft empowers courts to seek additional information regarding the AI tools used, including the extent of AI assistance involved and the measures taken to verify the accuracy and reliability of AI-generated content. It further clarifies that AI-generated material cannot be treated as independent evidence unless its AI-generated nature is fully disclosed.
The proposed regulations also place responsibility squarely on litigants and legal practitioners. Parties will not be permitted to attribute errors to AI systems. Any document, pleading or evidence found to be false, fabricated, misleading or inaccurate due to AI-generated content will remain the responsibility of the individual submitting it, and courts may initiate appropriate action in such cases.
A key feature of the draft is its emphasis on the principle of “human primacy.” AI systems may assist judges and court officials, but they cannot replace human judgment. The authority to determine questions of law, facts and justice will remain exclusively with judges, who will continue to be accountable for all judicial decisions.
The framework also proposes strict safeguards on the use of AI in judicial proceedings. Notably, the use of “black-box” AI systemswhose decision-making processes cannot be adequately explained, would be prohibited in matters involving legal rights and personal liberty.
To support the judiciary’s adoption of AI, the draft proposes the establishment of a Centre of Research and Excellence on Artificial Intelligence (CoRE-AI). The institution would undertake research, evaluate AI systems and provide technical assistance to courts.
Additionally, all courts deploying AI technologies would be required to comply with the Digital Personal Data Protection Act, 2023, and other applicable legal and regulatory requirements.
With the draft now open for consultation, the Supreme Court has sought broad-based feedback to help shape the future framework governing the use of AI in India’s judicial system.
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