'Artificial intelligence is a tool, not a threat.
- Rodney Brooks
The world has become dynamic due to the day-to-day innovation and their
applicability in various fields. All such invention is result of the technology
or better say Advanced technology. Artificial Intelligence is the product of
this technology. The words of Dave waters, famous computer scientist 'Artificial
Intelligence is the future and future is here' appears to be appealing at the
Almost all fields related to the human life such as Education,
Healthcare, Economy etc. have influence of AI which has facilitated in many ways
so Legal Fields could not be the exceptional to the use of Ai. The launching of
Ai based SUPACE portal by honorable Supreme Court is seen as initiative of Ai in
legal arena. The uses of Ai in different fields could be easily visualized by us
but when we talk about use of Ai in legal sphere a lot of queries and suspects
arises whether Ai would be asset or threat to justice.
Artificial Intelligence - Introduction
The beginning of the Ai could be traced with the year 1956 when for the first
time Ai term was coined by John McCarthy at Dartmouth college. Today Ai is
viewed as the Fourth Industrial Revolution whose applicability manifolds after
the use of 5th generation technology by Japan. Although present era seems to be
an era of Ai but a lot of concepts regarding the AI emerges day by day in which
some states about its positive aspects whereas some focuses on its negative
When we consider the future prospects of Ai it becomes inalienable part
of human. Many scientists tried to define Ai on their own perception but their
does not exist any universal definition of the Ai. Frederick Linz defines it as
'Ai is creating a mind, hopefully as pure a mind as possible, for a computer.
'Another scientist named, Falguni Desai defined 'Ai is about replacing human
decision making with more sophisticated technologies.' In layman words, Ai is
the intelligence of machine which through its machine learning process develops
the capacity of decision making. Ai is similar to the human body so it tries to
act as human mind. As human body with the help of its five sense organs collects
information and take decision, similarly Ai with the help of sensors known as
receptors collects various information from the devices then interpret such
information and based of this information take decision. Various real-world
example of Ai is Siri, Alexa, self-driven cars, online gaming etc.
Law and Artificial Intelligence
Having the large level influence of Ai over the various fields then Legal arena
could not be exceptional to it. With more than 4 crores cases pending over
various courts of the country, it become necessity to rely over the technology
to relieve from the overburden and day to day piling of cases. The launching of
SUPACE portal by the Supreme Court has been initiative of merging law with
A popular Proverb 'A Justice Delayed is the Justice Denied' by
William E Gladstone well suits in today's legal domain so it become compulsory
to adopt the technology for speedy justice. The launching of SUVAS portal which
stands for Supreme Court Vidhik Anuvaad Software, is another initiative
featuring Ai to translate the Supreme Court Judgements into Vernacular
The collaboration of law with technology has led to matter of debate
whether Ai would impact the justice as being machine without emotions, sympathy
would always take decisions on the basis of its understanding so in a matter
which required some human emotions before delivering the verdict, this might
cause the injustice to the party.
However, the words of Justice Rao 'It is quite
implausible that Ai will ever make human lawyer or judges ever completely
redundant' could the best possible answer to the aforementioned question. It is
important to understand that the work of the Ai is to assist the court but not
to take away the charges and duties of the Judges with their discretion while
delivering the verdict.
The main challenge appears before adopting to such
technology is to change the conventional way of working i.e., physical from of
way to the modern way i.e., paperless from of work but it is for sure till next
decade legal professional would change their perception regarding to their work
and would surely adapt with this new technology.
AI: Assistance to Justice
For the first time the importance of Ai in Indian Legal Scenario was felt in the
year 2015 during e-court project when law minister Kiran Rijiju said that there
is need to adopt Machine learning and Ai to increase the efficiency of justice
delivery system. For the aforementioned purpose, the honorable Supreme Court has
constituted Ai committee. As per the source during covid lockdown nearly 1.81
lakh virtual hearings of Supreme Court were conducted possible only due to the
For the ease of justice various Ai based programs such as SUPACE �
to prepare legal draft, SUVAS- to translate judgement in vernacular languages,
SCI � a software to make the benches of the supreme court paperless and in the
year 2020, researchers at IIT Kharagpur released Ai based method to automate the
reading of the legal case judgement.
There are the areas still where the
efficiency of the Ai could be proved such as Alternate Dispute Resolution, Legal
analytics and robotics, automation of repetitive and mechanical processes, to
establish complete digital or e-court with the purpose to solve civil or minor
cases and Online Dispute Resolution concept too should be adopted to solve the
petty cases related to the Traffic Challan, labour laws, factories etc. The
concept and application of the Ai in our country is not the new but various
countries have already adopted in their legal domain.
For example, Argentina Ai
based Prometea used to identify the urgent cases, Brazil Ai based software
Victor used to conduct the preliminary level investigation of the case securing
the time and burden of the court, UK Ai based software HART to forecast the
reoffending criminals and US Ai featuring Software Compus to assess recidivism
risk and inform decision. In 21st century, the period of advanced technology
survival could not be possible as per the 20th century so with this dynamic
world it is important to adopt such innovation and adapt ourselves to them.
AI - Threat to Justice
Ai is being used in judiciary for various purposes such as legal research,
streamlining, translation, legal briefing of the case etc. however if it is not
handled with due care and diligence, it may pose serious threats to the
judiciary and delivery of the justice. Some flaws of using Ai involving risk in
Privacy being the matter of the concern for all, and it is declared as the fundamental right guaranteed under the article 21. So, Ai system in judiciary does not secure the privacy as it is tech-based system from where it is possible of leakage of the useful and important data.
The decision taken by the judges are not totally based on laws, but human nature and ethics are too taken into consideration. But if the decision is taken by the Ai based robot judges it is for sure that they would lack the ethical and human values and decision would be solely based on the laws and facts, this would cause the injustice.
Ai based system does not ensure fairness in judicial process which is the fundamental feature of judiciary. This system would be biased or discriminatory due to the data or algorithm used to train them. If such happens then this may affect the outcomes of the judicial decisions and also violate the human rights.
- Accountability and Trust
Another feature of the judiciary is that it bears the accountability of safeguarding the interest and rights of the citizens as well as determine the trust and confidence of the public. Ai system is complex and opaque in nature, it does not have the accountability and also undermine the trust and confidence of the public and parties involved in the judicial process.
For better functioning of any organ of the government, it is necessary to have
transparency in it. But when we have the Ai based system in our consideration,
we find out it completely lacks the transparency as we are not aware of its
process of working and on what basis it gives decision.
So abovementioned are some of the main reasons from where we could infer that
too much relying over the Ai would ne threat to the judiciary and justice too.
No one could deny the utility of Ai in modern era in any sphere of the life but
at present scenario it is necessary to remove the flaws of the Ai and bring to
the world in more transparent way. Ai in judiciary would surely reform the
entire judicial process and bring the revolution in legal fields with its
outstanding feature. With a lot of positive outcomes, one cannot avoid the
challenges and risk associated with it. Therefore, judicial system needs to
adopt appropriate regulations, norms and safeguards to ensure that Ai is used in
a responsible and beneficial way.