Abstract

Artificial Intelligence (AI) use in the judicial decision-making process is transforming the justice delivery systems around the world. In India, where there is a backlog of over five crore cases, AI has become a prospective generator of efficiency, uniformity, and an increase in the accessibility of justice. In this regard, SUPACE and SUVAS are such examples, indicating that AI is useful in legal research, translation, and case management; while experiences regarding AI in Estonia differ from those in China (smart courts). Nevertheless, there are deep legal and constitutional issues attached to the use of AI in courts, such as algorithmic bias, lack of transparency, the threat of a possible invasion of court sovereignty, and invasion of privacy. A comparison is made to find out that the EU has embraced a rights-based regulatory model, whereas the United States has adopted a sector-specific method and China a state-guided governance system. The regulatory context of India is disjointed and depends on the laws enacted to deal with IT and data protection, with guidelines within the policies. This paper critically argues the possibilities and shortcomings of AI in the judicial decision-making process, evaluates judicial precedents in the area, discusses global best practices, and also provides a progressive model of how AI can be implemented ethically, transparently, and constitutionally compatible in Indian judiciary.

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