Recently, the judicial system has significantly become one of the institutions
that incorporate artificial intelligence technology. Artificial intelligence
applied for judicial functions has a much more efficiency, knowledge, and
fairness in comparison with the human judge. However, there are also limitations
and that primarily depend on its basis: big data, algorithms, and computational
capacity instead of natural intelligence.
Judicial AI cannot replace human
judges completely because there are fundamental differences in conceptual
frameworks, application contexts, and inherent abilities. This paper aims to
investigate the legal implications and all the ways through which AI affects the
legal system. The main reason for the backlog in cases is the complexity of the
issues, lack of established procedures, and the insufficient number of judges
and staff.
Identified primary contributors to the backlog are a lack of
available judges and attorneys, with a lack of sufficient and quality court
facilities and other means. However, what remains rare is research to seek
efficient means by resolving such a massive number of cases to lessen its
amount. This essay suggests that the strategic use of AI can significantly
reduce the number of pending court cases and benefit all stakeholders, including
the public, judges, attorneys, and clients.
The paper explores the application
of AI within the legal system, focusing on three primary areas: legal research,
legal reasoning, and outcome prediction. The paper discusses the potential
application of AI in the Indian Judicial System with crucial aspects such as
bias, precedents, and cost to be considered for proper incorporation of AI.
Moreover, the study explores lawful applications of AI and judges the
feasibility of their deployment within the Indian legal scenario.
Introduction
Artificial Intelligence (AI) has established its significance in an era
characterized by rapid technological advancements. Its impact is evident across
various sectors, such as healthcare, where it assists in surgical procedures,
logistics through autonomous vehicles, and marketing by analysing consumer
behaviour. Therefore, incorporating AI into the judicial system could enhance
the efficiency and sustainability of justice delivery.
AI technologies have the
power to revolutionize civil and criminal procedures, significantly supporting
judges and lawyers with the processes and bringing down the time needed to
accomplish a host of trial-related matters. India is now at a very critical
point in the development of data privacy legislation, which will have a very
significant impact on the operation of AI within the country. Email, video
conferencing, and other electronic communication tools are all necessary for
information sharing across geographically dispersed locations and for better
decision-making.
These technologies are not only used in business sectors but
also in legal and public systems. Moreover, the Indian government is investing a
lot in digitalization as a national progress. The government is also
participating in the 'Digital India' initiative. People also expect better
quality digital services from the government as many of them work in the private
sector. This trend indicates the need for more innovation into all spheres -
public services and administration of justice, too.[1]
It could reveal some
precious insights, enhance the efficiency of the legal framework, and reduce
some of the burdens on officials by implementing Artificial Intelligence in
judicial processes. Over the last ten years, a significant number of these cases
have remained unresolved in both lower and higher courts. Such thorough research
has been conducted on what causes this surge of the rapid growth in case
numbers.
WHY IS ARTIFICIAL INTELLIGENCE REQUIRED IN INDIAN COURTS?
Judiciary forms an important function in the dispensation of justice in any
nation. However, in India, because of its immense population, this has been
challenging to handle the rising cases on an ongoing basis, thereby posing an
unbearable pressure on the judicial system. Millions of cases are still pending
at all levels of Indian courts, from local to supreme, due to the shortage of
judges. Several initiatives are being undertaken to address this issue, such as
promoting Alternative Dispute Resolution (ADR) methods and removing redundant
laws.
However, the potential of artificial intelligence in this regard is
largely untapped. The Indian court system shows low levels of technological
integration, as most tasks are done manually, which leads to inefficiencies and
delays in the delivery of justice. [2]Hence, in addition to traditional methods,
innovative methods are required to restore the effectiveness and efficiency of
the justice system and make it sustainable in the long run. Artificial
intelligence in courts can significantly reduce case backlogs and speed up the
delivery of justice.
Why Is Artificial Intelligence Required In Indian Courts?
Supreme Court Vidhik Anuvaad Software (SUVAS): The Supreme Court of India has
rolled out a formal application, building on Artificial Intelligence, for
translation of legal documents and orders in English into nine regional
languages. This is the first tentative foray of the judiciary into the
technology arena for Artificial Intelligence.
Supreme Court Portal for Assistance in Court's Efficiency (SUPACE): This is a
newly introduced tool by the Supreme Court of India. It aggregates pertinent
facts and legal information to provide judges with tailored insights. It is
designed to deliver results that align with the unique needs of each case and
the individual thought processes of the judges.
The Official Multilingual Mobile Application of the Supreme Court of India: The
Supreme Court of India launched an official multilingual mobile app designed
along with the National Informatics Centre. The new-age application allows
citizens to access case details, judgments, significant circulars, display
boards, and a plethora of other relevant information in just one click.
E-Courts: Another key outcome of judicial reforms is that all information
associated with court orders and judgments can be viewed freely online. The
establishment of E-Courts will ensure that cases are swiftly litigated, filed
records are less voluminous, and recordings made under it are highly credible
and details more transparently disclose the functioning of courts.
An Artificial Intelligence System developed by IIT Kharagpur to read Court
Orders: Research scholars at IIT Kharagpur have developed an AI-driven system,
which reads out court orders and judgments. In this technology, machine learning
methods are used in order to catch law violations.
How Is Artificial Intelligence Helping Indian Courts?
Many advantages are brought about by AI in the event of judges. Artificial
intelligence can empower the judicial process, enhance efficiency and accuracy,
and better effectiveness. With AI technologies, it is possible to hasten the
review of vast databases on legal precedents, statutes, and case law, providing
judges with relevant information. Such a capability can considerably hasten the
judicial research process to ensure that judges come equipped with comprehensive
and updated information in their decision-making.
In India, most criminal and civil trials are usually resolved after years. This
length of time renders the justice dispensation inefficient and delayed. Still,
by streamlining case management, more cases can be disposed of faster. This will
provide citizens with speedy justice. That way, more people will benefit from
the speedy delivery of decisions that have the potential to dramatically change
their lives and businesses.[3]
By analysing historical case data, AI systems can predict possible outcomes for
on-going cases. One major problem facing the judiciary is the level of pending
matters and a lack of adequate judges to deal with the issues. To address these
problems, courts could begin by adopting predictive analytics to provide the
possible results to the disputing parties, urging them to settle the cases
outside the court room. This way saves the court resources but helps parties
bypass lengthy and complicated processes in a trial.
AI-powered technologies highlight critical details in legal documents and
identify relevant information. This helps judges quickly understand the core
facts of a case and focus on essential aspects during hearings. AI helps judges
better organize and prioritize their caseloads, thus making case management
easier. Automated systems also make scheduling easier, track deadlines, and
optimize workflow management, which helps increase efficiency.
NLP technologies allow computers to process human language effectively. The
application of NLP can be extended into many different areas. Judges utilize
Natural Language Processing to summarize case documents, find legal arguments
and relevant information in both spoken and written statements. For instance,
ROSS Intelligence is an AI-powered legal research tool that uses NLP to
interpret inquiries that have been phrased in natural language to provide
relevant legal insights.[4]
Artificial Intelligence (AI) technologies enable secure video conferencing,
real-time transcription, and language translation, among other functionalities
that enhance the efficiency of virtual courtrooms and remote proceedings. This
is particularly vital in situations that necessitate remote hearings. AI systems
can act as decision-support tools, supplying judges with pertinent information,
precedents, and legal analyses to assist in their decision-making. Nonetheless,
it is important to note that AI is only an auxiliary resource, and the final
decision-making authority lies with the judge in all cases[5].
Positive Instance Of Artificial Intelligence:
Judges can make use of AI-driven technologies just as lawyers do, to facilitate
several aspects of a case, thereby reducing the aggregate time taken to arrive
at judgments. This technology may also speed up trial procedures for judges,
which in turn will shorten the duration of cases that are pending. It frees up
the time of attorneys so that they can focus on the perfection of their legal
arguments, engage in legalistic debates, and administer interferences of the
law.
Legal artificial intelligence has already shown some successes. Tackling
the challenge of declining cases presented before the courts will be met through
the direct utilization of AI tools in judicial decision-making. It is expected
that the introduction of artificial intelligence to the legal world will greatly
improve the efficiency of those managing the cases. The main objective is to
preserve judicial resources and allow case-handling personnel to focus their
efforts on more complex and diverse cases in order to make the best possible use
of judicial resources.[6]
It can help resolve problems like "inconsistent
judgments in similar cases" and "uneven application of the law," which is
favourable for harmonizing local judicial standards and preventing biased
rulings. In straightforward cases, characterized by clear facts, explicit laws,
and minimal disputes, such as traffic accidents claims, bank loan agreements,
and public information requests, the automated generation of judgment documents
can heavily reduce judges' burdens.
The collective insight of the judges has now
reached a level that goes above the "critical threshold" of human perception.
When the law is applied uniformly and consistently, similar or parallel cases
can produce similar results, making it plausible to maintain a judicial
principle of "related cases should be decided similarly." [7]Artificial
intelligence will play a great role in balancing this out.
Negative Instance Of Artificial Intelligence:
Artificial intelligence is just the first step toward replicating human
intelligence. Even though all the tools are available, it is a tough task to
implement AI techniques. Just as nuclear fission can light up cities or destroy
them, artificial intelligence is also bivalent. The unstructured nature of data
poses a challenge to the judiciary. Judges present information in a personalized
manner even when cases have similar timelines and general frameworks.
This has
resulted in conflicting judgments on similar facts, which, in turn, support
different legal precedents. This may make AI-driven solutions inconsistent. The
situation may become worse with the cases that do not get solved according to
the judicial authority and societal acceptance.
The application of artificial
intelligence in the judiciary still struggles with issues of limited
implementation, focus, and tangible impact. Although current AI possesses
extensive knowledge, its learning trajectory is still dictated by the
programming established by its creators. AI can only be effectively used in
scenarios characterized by a singular knowledge system, clear distinctions
between correct and incorrect answers, and identifiable patterns and structures.
Of course, society should not ignore judicial AI error rates. In the case of
judicial AI algorithms, there would surely be bias, though it would hardly be on
a fair and neutral path. [8]It is, though, if implemented appropriately, then
economies of scale can be brought about and more accessible services achieved.
It is a misconception that training AI is easy because, in some cases, it can be
difficult to navigate cases where legal issues cannot be resolved by a specific
set of criteria or during periods of insufficient evidence.
Legal Concerns Of Artificial Intelligence:
The extent of the applicability of AI is wide in the health, finance,
educational, transport, and legal arenas, but it is not yet possible to state a
commonly acceptable definition of AI. AI may replace human judgment and decision
in almost every subject area that is of concern, from frivolous to highly
significant. Thus, there also arises the issue of accountability regarding
AI-related wrongdoing.
If AI acts on human directives and does something that
would be illegal if a human did it, what should happen? This question touches on
the principle of the exclusion of liability based on the unforeseen nature of
circumstances or mental incapacity. As the technology advances, issues related
to data security, privacy, human rights, and ethical considerations will arise,
requiring effective self-regulation from developers.
External oversight will
also be needed from the judiciary, through judicial review and constitutional
frameworks, as well as legislative measures. In India, machine learning has been
applied mainly to automate backend processes in the legal domain, and there is
much to be done before it can be used effectively in judicial decision-making.
Many judgments, especially those of lower courts, are yet to be fully digitized.
[9]With the current global trends, it is likely that more AI tools will be
integrated into the Indian legal framework. While AI and machine learning should
enhance human decision-making, they should not replace it. The ethical and
responsible use of AI and ML in legal and judicial contexts is increasingly
feasible for improving efficiency.
Conclusion:
In the contemporary legal frameworks, it has become more crucial to integrate
Artificial Intelligence within the judicial system to meet the challenge of case
pendency. AI has the potential to improve efficiency, reduce backlogs, and
expedite legal processes. While the Indian Government has already initiated the
concept of e-courts, its capacity needs to be expanded in order to deal with the
existing caseload effectively.
Electronic courts have better case and courtroom
management. It provides a more efficient and time-saving platform for justice
delivery. The advantages of using AI in courts are improved case management,
data-driven insights for decision-making and quicker document reviews. However,
biases, data privacy, and transparency are to be taken with utmost care. This
balance is important between the benefits and drawbacks of AI to create a fair,
efficient, and technologically advanced judicial system that meets the demands
of our changing legal environment.[10]
The application of AI across different sectors, including the legal system, can
significantly help judges and attorneys, who are fundamental to the justice
delivery framework. While no technology, however advanced, can replace a human
judge, it can assist in making decisions while also ensuring that the handling
of such a huge volume of cases does not dilute justice. It may also ultimately
lead to reducing the average length of the trials.
More efficient resolution of
cases would ease the backlog in the legal system by reducing pending cases. That
shall ultimately lead to an accomplishment of a noble goal by giving the people
efficient and sustainable justice.
The Indian judiciary has significantly advanced by integrating artificial
intelligence. This technology has been effective in dealing with the problem of
pendency, which is often related to case management and research activities that
become routine. Artificial intelligence tools are designed to enhance access and
efficiency in the system while assisting decision-making without determining
outcomes.
This ambitious initiative needs to be approached with a proper
understanding of the ethical and legal implications so that AI does not replace
legal principles but is a tool for justice. As we venture into this new
landscape, we need to remain vigilant to ensure that technology benefits
humanity and not the other way around.
End Notes:
- India at a Critical Juncture in Data Privacy Legislation: Implications for AI and Digital Transformation (2024) ∙ 12 ∙ IndLJ ∙ 34, 37
- Ashok Sharma, 'Judicial Challenges in India: Population, Pendency, and the Untapped Potential of AI' (2024) ∙ 15 ∙ IndLJ ∙ 78, 82.
- Mohit Shukla, 'Artificial Intelligence and the Indian Judiciary: Enhancing Efficiency and Speedy Justice' (2024) ∙ 22 ∙ ALJ ∙ 145, 149
- Nivash Jeevanandam, AI and NLP in Legal Processes: Enhancing Judicial Efficiency (1st edn Bloomsbury 2023) 67–85.
- Anurag, 'AI-Powered Technologies in Judicial Processes: Enhancing Case Management and Virtual Courtroom Efficiency' (2024) ∙ 30 ∙ JLTech ∙ 98, 103.
- Jidnya Sharad Thakur, The Role of AI in Judicial Decision-Making: Enhancing Efficiency and Case Management (1st edn OUP 2024) 45–68.
- Florence G'sell, AI in Judicial Systems: Consistency and Efficiency in Decision-Making (2nd edn Cambridge University Press 2022) 112–134.
- B. Chaudhary, Challenges and Ethical Dilemmas of AI in Judicial Systems (3rd edn Routledge 2023) 89–105.
- A. Zafar, AI and Legal Accountability: Challenges and Opportunities (1st edn Springer 2021) 56–72.
- A.D. Dory, E-Courts and AI: Balancing Efficiency and Fairness in Justice Delivery (2nd edn LexisNexis 2022) 103–120.
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