The Supreme Court of India has released draft regulations governing the use of Artificial Intelligence (AI) in courts and invited comments and suggestions from the public until June 20 before finalising the framework.
The proposed rules seek to promote the responsible use of AI in the judicial system while ensuring that judges retain the final authority in all legal matters. The draft makes it clear that AI can serve only as an assistive tool and cannot replace human decision-making in courts.
Under the proposed regulations, lawyers may use AI for tasks such as legal research, drafting pleadings and documents, translation, transcription and case management. However, any lawyer or litigant using AI in the preparation of pleadings, submissions, evidence or other court documents will be required to disclose such use at the time of filing.
The draft further states that courts may ask parties to provide details about the AI tool used, the extent of assistance received and the measures taken to verify the accuracy of AI-generated content. The Supreme Court has emphasised that AI-generated material cannot be treated as independent evidence unless its nature and use are fully disclosed.
The regulations also clarify that responsibility for any document submitted to the court will remain with the lawyer or litigant. If AI-generated content is found to be false, fabricated, misleading or inaccurate, the person submitting it will be held accountable. Courts will have the power to initiate appropriate action in such cases.
A key feature of the draft framework is the principle of “human primacy”. It states that AI systems may assist judges and court staff but cannot replace judicial reasoning or decision-making. The authority to determine questions of law, facts and justice will remain exclusively with judges, who will continue to be responsible for all decisions made with the aid of AI tools.
The proposed rules also place strict restrictions on the use of AI. Notably, “black-box” AI systems, whose decision-making processes cannot be explained or audited, will not be permitted in matters involving legal rights, personal liberty or other sensitive judicial functions.
To support the adoption of AI in the judiciary, the draft proposes the establishment of a Centre of Research and Excellence on Artificial Intelligence (CoRE-AI). The centre would undertake research, evaluate AI systems and provide technical assistance to courts across the country.
The regulations also require courts and judicial institutions using AI tools to comply with the provisions of the Digital Personal Data Protection Act, 2023 and other applicable laws governing privacy and data security.
The Supreme Court has placed the draft regulations in the public domain and invited legal professionals, technology experts, stakeholders and citizens to submit their views and suggestions before the framework is finalised.