The Supreme Court on Friday assured that judges are very cautious when it comes to the use of artificial intelligence (AI) and that they will not let such technology take over judicial decision-making [Kartikeya Rawal v. Union of India].
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was hearing a plea to curb the unregulated use of AI and machine learning within the judicial system.
"We use it in a very over-conscious manner. We do not want this to overpower our judicial decision-making power. If you have good suggestions, you can give that on the administrative side," CJI Kant said, addressing the petitioner's counsel.
The petitioner's counsel, advocate Subhash Chandran, raised concerns that there have been some judicial orders wherein certain courts had cited non-existent caselaws.
"Lower court has passed orders citing Supreme Court precedents that do not exist," Chandran said.
The Bench agreed that judges should cross-check such aspects, but expressed that it is not inclined to issue any directives on the judicial side on the issue.
"Yes, they (judges) must be aware of this and cross-check as well. Judges must also check the same. This is a part of judicial training academy, and it is taken care of. With the passage of time, the Bar will also learn and we (judges) will also. That does not mean we have to issue directions," CJI Kant said.
Advocate Chandran noted that some courts have already begun addressing such issues on the administrative side.
"Supreme Court has issued a white paper and a lot of our suggestions are there. Kerala High Court has also come out with (something)," he said.
The Court said that all such issues can be raised on the administrative side and that it will not issue any directions on this matter on the judicial side.
"We are aware. But we won't say on the judicial side. You can give us inputs on the administrative side," CJI Kant said.
Chandran eventually said that the plea can be withdrawn, if the Court is not inclined to entertain it.
"This is non-adversarial. If it is not being entertained, I will withdraw," he said.
The Court then permitted the withdrawal of the plea.
[Live Coverage]