Artificial Intelligence (AI) usage in India and in various institutional activities governing the state has changed the way institutions function in their day-to-day activities, be it financial sector, IT sector, or the Indian judicial system. Various tools like SUPACE (Supreme Court Portal for Assistance in Court Efficiency) and SUVAS (Supreme Court Vidhik Anuvaad Software) have been introduced.
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The former, introduced by the Supreme Court of India, is used for providing decision-making information, while the latter acts as a catalyst in reducing regional linguistic barriers by translating judgments into various regional languages.
The National Judicial Data Grid (NJDG) documented that around 3,89,41,148 cases are pending at the district and taluka levels and 58,43,113 are still unresolved at the high courts. The delay in outcomes and the anxiety in the process of delivering justice take immense time, resources, reliable information, and proper assistance.
AI and judiciary: Insights from India, U.S.A and China
The use of artificial intelligence, like COMPAS (Correctional Offender Management Profiling for Alternative Solutions) in the United States of America, assists judges in delivering judgments by analysing factors to predic, the likelihood of recidivism, and the presence of AI usage in the Chinese judicial system is evidenced by China’s Smart Court system, which aids judges in delivering quicker and faster decisions using AI-backed technologies and from the stored data of past cases to deliver decisions for similar or related cases.
The introduction of SUPACE and SUVAS and increased use of technology in communicating, delivering, and providing easier and understandable judgments (with translations of decisions to regional languages by SUVAS) have made the institution function more productively and efficiently, leading to faster delivery of judgments and in reducing regional and linguistic disparity in a country like India with a multi-linguistic cultural identity.
Usages of AI: India’s Context
· Administrative: The integration of AI in governing the daily activities has not only reduced human mistakes in keeping records, but, has also the administrative system to function efficiently and smoothly, improving the infrastructural governance of the administration.
· Reduction in regional and linguistic disparity: The incorporation of SUVAS in the Indian judiciary system has combated the long tension of inclusion of various linguistic identity in understanding the proceedings and judgements of the courts. The translation of judgements using SUVAS has not only bought a larger chunk of population in getting familiar with the judiciary. But, has also framed a more inclusive India under the judiciary banner.
· Court efficiency: The introduction of SUPASS into the justice delivery system, to provide with efficient information, has further mobilised the institutional functioning of the system as an efficient decision-maker. The era of Data (which is valuable than Gold), the use of SUPACE has made the functioning of court efficient and productive.
Debate on AI in the Judiciary
The debate brings two important questions to the table: 1) “Whether to trust AI or not?” and 2) “Can it be trusted with reliability in the Judiciary System?” Most importantly, the generalisation in delivering quicker judgments based on evidence from past cases stored as data in the AI system can challenge the “judgment astuteness” of a system exercising the judiciary functions of a state. In cases of misleading legal advice due to the absence of a professional code of conduct in Machine Learning Systems, who will be held accountable?
To monitor AI in judiciary system, European Union and some Western states have adopted and advocated for an “Artificial Intelligence Act.” This amendment aims to reduce the impact of biases in AI algorithms. In the context of India, the Personal Data Protection Act (Ministry of Electronics and Information Technology) advocates for the right of an individual to inquire about the data collected from them by any entities.
Conclusion: Striking a balance
The use of artificial intelligence by the judicial system can be both beneficial and dangerous (if not anchored in the reliability and trustworthiness of the designer or developer of the particular AI tool used in the Judiciary). Though, the usage of SUVAS and SUPACE in India had a positive impact on delivering judgments to a multi-linguistic population in a nation like India, the rise in AI usage globally, with the introduction of more systems and tools like COMPAS in the U.S. and China’s Smart Court System. However, blind reliability, with no accountability and law enforcement in the judiciary (to protect the data and individuals), can be dangerous and question the judiclry system's ability to deliver justice. However, with proper amendments of laws, or to be precise “New AI-Centric Laws” to guard privacy can be a suggestive measure. One such remarkable step is initiated by the Ministry of Electronics and Information Technology, Government of India by proposing and implementing the Personal Data Protection Act, 2023.
(The writer is a columnist and independent researcher. All thoughts and opinions shared are the author’s own.)
