On Wednesday, the Supreme Court released draft regulations governing the use of Artificial Intelligence in courts and invited public comments on the proposed framework. The draft seeks to balance innovation with judicial accountability by permitting AI-assisted legal work while scrutinising how far technology can influence court processes. At the heart of the proposal is a key requirement that lawyers and litigants must disclose when AI has been used in preparing pleadings, documents or evidence, even as the Court draws clear boundaries around the role AI can play in the administration of justice.

The development stems from a draft titled Regulations for Use of Artificial Intelligence in Courts, 2026, prepared under the aegis of the Supreme Court's AI Committee and placed in the public domain for stakeholder feedback until June 20. The proposed framework applies across the Supreme Court, High Courts, subordinate courts, tribunals and statutory commissions performing adjudicatory functions.

While it permits AI-assisted legal research, precedent retrieval, document summarisation, translation, transcription, case management and administrative functions, it expressly prohibits the use of AI for deciding cases, determining bail eligibility, assessing witness credibility, predicting future conduct or performing adjudicatory functions. The draft further mandates disclosure whenever AI is used in preparing court filings and makes the person submitting such material fully accountable for any false or misleading AI-generated content.

The Court's proposed framework is built around the principle of human oversight and judicial independence. Emphasising that technology cannot replace judges, the draft states, Every AI System shall function solely in an assistive capacity and shall not supplant or compromise the independent exercise of judicial authority by a duly appointed judicial officer.” It further clarifies that “The ultimate authority to determine matters of law, fact and justice shall vest exclusively in the judicial officers of the competent jurisdiction.”

The draft also recognises the risks of AI hallucinations and prohibits reliance on AI outputs as a defence for incorrect or harmful decisions. It requires disclosure of AI-assisted filings and empowers courts to seek details regarding the AI tool used and the verification measures adopted. The Apex Court has invited comments and suggestions on the draft regulations before finalising the framework.

 

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Ruchi Sharma