Context
The Supreme Court has released the draft Regulations for Use of Artificial Intelligence (AI) in Courts, 2026 for public consultation. The proposed framework seeks to regulate the use of AI in the judiciary while ensuring that judicial authority remains exclusively with judges.
Artificial Intelligence in the Judicial System
- Artificial Intelligence (AI) refers to computer systems capable of performing tasks that normally require human intelligence, including learning, reasoning, and decision-making.
- In the judiciary, AI is envisaged as a tool to improve efficiency and support administrative and research functions.
Applications of AI in the Judiciary
- Legal research and precedent retrieval.
- Document review and summarisation.
- Case management and scheduling.
- Transcription and translation of court proceedings, judgments, and legal records.
Global Developments
Several countries have adopted AI-assisted tools for legal research, document analysis, dispute resolution, and risk assessment, highlighting the growing role of AI in judicial administration.
Draft AI Regulations, 2026
Guiding Principle
- AI shall function only in an assistive capacity.
- The authority to determine questions of law, facts, sentencing, and justice shall remain exclusively with judicial officers.
Prohibited Uses
The draft regulations prohibit the use of AI for:
- Judicial decision-making, adjudication, and sentencing.
- Bail determination and risk assessment.
- Predictive profiling of litigants, accused persons, witnesses, or lawyers.
- Assessment of the credibility of parties or witnesses.
- Deployment of opaque or unexplainable “black-box” AI systems in matters affecting legal rights or personal liberty.
- AI-based surveillance, except where specifically authorised by law.
Safeguards
- AI-assisted pleadings, documents, and evidence must be disclosed before courts.
- Courts may seek details regarding the AI tools used, the extent of AI assistance, and the verification measures adopted before filing.
- Personal data cannot be used to train, test, or refine AI systems without prior approval from the competent authority.
- All AI applications must comply with the Digital Personal Data Protection Act, 2023.
- AI systems must be designed and deployed in a fair, transparent, and non-discriminatory manner.
- Special safeguards have been prescribed for women, children, persons with disabilities, minority communities, and economically disadvantaged groups.
Institutional Framework
The draft proposes a Supreme Court-led oversight mechanism, supported by AI Committees in the Supreme Court and all High Courts, to regulate and guide AI adoption in the judiciary.
Conclusion
The draft regulations represent an important step towards the responsible integration of AI into the judicial system. By limiting AI to an assistive role and establishing clear safeguards, the framework seeks to enhance judicial efficiency while upholding judicial independence, due process, and public trust in the administration of justice.
