AI in Judicial Processes: Concerns and Regulations
Serious Implications of AI Hallucinations
The Supreme Court of India has raised concerns about the use of AI in judicial processes, likening AI hallucinations to the catastrophic Bhopal gas tragedy, describing them as "invisible, insidious, and catastrophic."
Recent Court Observations
- In a recent insolvency case, the Court set aside decisions by the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) due to reliance on AI-generated fictitious citations.
- The Court emphasized that such reliance is not just an "error in decision-making" but constitutes judicial "misconduct."
Role of AI in Judiciary
The Court acknowledges AI as a tool to improve efficiency but asserts it cannot replace human reasoning, judicial discretion, or accountability.
Regulations and Oversight
- Presenting fabricated AI-generated judgments is considered professional misconduct for advocates and a serious lapse for judges.
- The draft 'Regulations for Use of AI in Courts, 2026' prohibits AI in adjudication, sentencing, bail decisions, and credibility assessments.
Public Consultation and Bar Council's Role
- The draft regulations are open for public consultation.
- The Court has directed the Bar Council of India to establish a committee to set strict norms and define disciplinary actions for citing unverified AI material.
Justice must be done and seen; not hallucinated.
