Artificial Intelligence Inroads into the Indian Judicial System

Abstract

The present decade marks the Indian judicial system embracing artificial intelligence (“AI”) to improve its functioning and embracing new frontiers in the justice delivery system. The pandemic-created environment brought a change in litigation with virtual hearings becoming the mode of operation, which in the pre-pandemic period seemed impossible. Beginning from the e-courts project to the implementation of neural translation tool SUVAAS or SUPACE to make research easier for judges, the Indian judicial system is actively embracing AI for ensuring speedy delivery and improving the efficiency of the system. This chapter seeks to examine the inroads of artificial intelligence into the functioning of the Indian judicial system. The first part of the chapter covers the development of AI and how it is influencing the functioning of judicial systems across the world. AI can be used to cull out the crux of many decisions and the reasoning used to make those decisions which in turn can improve the decision-making process and prevent biases that creep into judicial decision making. The second part of the chapter covers various means of AI adopted in the Indian judicial system for its functioning, and the third part of the chapter looks at the way forward. The Indian judicial system is heavily dependent on documentation, some digitized now and others waiting to be digitized, creating an enormous amount of data that is not completely structured. Embracing AI can ensure the structuring of this data and accessibility of justice to a wider audience. However, replacing judicial decision making through AI is uncertain. Some of the issues like discrimination and transparency neglected until now can be taken care of, but the context of human emotions playing a role in judicial decision making is yet to be accounted for in the AI system. Another aspect that needs to be addressed while implementing AI-based solutions would be the issue relating to data protection. The implementation of AI should be aligned with the constitutional principles and ensure that the legal rights of Indian citizens are not affected. The adoption of AI will witness the transformation of the judicial system in the coming decade.