Draft SC rules prohibit use of AI for judicial outcomes, witness profiling, Pg14

Key Highlights:

• The Supreme Court AI committee has proposed draft regulations for the use of Artificial Intelligence (AI) in Indian courts, made public on June 3, 2026.
• The draft prohibits AI from determining judicial outcomes, assisting in sentencing without human oversight, profiling parties or witnesses, and using opaque or unexplainable AI systems.
• AI systems are mandated to function solely in an assistive capacity and remain subservient to human judgment.
• The regulations allow AI for administrative functions like case management, scheduling, and translation, but explicitly bar its use for risk scoring (e.g., bail eligibility, recidivism prediction).
• A full-time apex body is proposed at the Supreme Court to supervise AI adoption and policy development in the judiciary.
• Public comments and suggestions on the draft are invited until June 20, 2026.

Detailed Insights:

• The draft regulations, titled 'Regulations for Use of Artificial Intelligence (AI) in Courts, 2026', aim to establish a framework for responsible AI adoption based on principles of human primacy, transparency, accountability, data protection, and judicial independence.
• This initiative follows concerns raised by the Supreme Court regarding the growing reliance on AI, including an instance in March where a trial court used non-existent judgments generated by AI, leading to a rebuke for judicial misconduct.
• The regulations emphasize a "human-in-the-loop" requirement, especially for applications involving higher risks to personal liberty or judicial integrity, ensuring human oversight and independent review.
• Processing of personal data through AI systems will be governed by the Digital Personal Data Protection Act, 2023, and AI must not perpetuate bias based on constitutional grounds.
• The draft also prohibits AI systems from surveillance or continuous monitoring of judicial officers, advocates, or litigants, unless specifically authorized by law.
• Lawyers and litigants using AI tools for preparing pleadings or documents will be required to disclose the AI-assisted nature of such material at the time of filing.

Key Concepts Involved:

• Artificial Intelligence (AI): Systems designed to perform tasks that typically require human intelligence, such as learning, problem-solving, and decision-making.
• Human-in-the-loop (HITL): An approach where human intelligence is integrated into an AI workflow to ensure accuracy, safety, and ethical decision-making, especially in complex or high-stakes scenarios.
• Opaque AI: AI systems whose internal processes and decision-making logic are difficult or impossible for humans to understand, interpret, or explain, often referred to as "black-box" models.
• Digital Personal Data Protection Act, 2023: India's comprehensive legal framework for processing digital personal data, recognizing individuals' right to data protection and the need for lawful data processing.