SC Moves To Regulate AI In Judiciary, Mandates Human Oversight And Transparency

SC Moves To Regulate AI In Judiciary, Mandates Human Oversight And Transparency

The Supreme Court has published a draft regulatory framework for the use of Artificial Intelligence (AI) in courts across the country and has invited comments and suggestions from stakeholders and the public by June 20, 2026.

Titled "Regulations for Use of Artificial Intelligence (AI) in Courts, 2026," the proposed framework has been prepared by the Supreme Court's AI Committee. It seeks to ensure the responsible adoption of AI in the judiciary while safeguarding judicial independence, human oversight, transparency, accountability and data protection.

According to a notification issued on June 3, the regulations would apply to the Supreme Court, High Courts, tribunals and statutory commissions exercising adjudicatory functions. The objective is to facilitate the use of AI as a support tool in the justice delivery system without allowing technology to replace human decision-making.

A central principle of the draft is that AI must remain subordinate to human judgment. The framework makes it clear that AI systems can only assist judicial officers and cannot independently decide questions of law, fact or justice. Responsibility for any decision taken with the aid of AI will continue to rest solely with the concerned judge or adjudicating authority.

The draft permits AI-based tools for several functions, including case management, scheduling, cause-list preparation, transcription of court proceedings, translation of legal documents, legal research, citation verification, document summarisation, anonymisation of judgments and accessibility services for persons with disabilities. Most of these applications, however, would require prior approval and human supervision.

At the same time, the regulations place strict limits on the use of AI. Courts would not be allowed to use AI systems for adjudicating disputes, predicting case outcomes or assessing legal rights. The draft specifically prohibits the use of AI for risk-scoring purposes such as predicting recidivism, evaluating flight risk, determining bail eligibility or assessing witness credibility.

The proposed rules also bar AI systems from predicting the future behaviour of parties or witnesses, conducting surveillance of judges or litigants, or relying on opaque and unexplainable algorithms in matters affecting personal liberty or legal rights.

To ensure transparency, the draft requires parties and lawyers to disclose when AI tools have been used in preparing pleadings, documents or evidence. They may also be required to provide details about the AI system used and the steps taken to verify its output.

For governance and oversight, the regulations propose the establishment of a permanent Apex Body at the Supreme Court. The body would comprise judges, Chief Justices of High Courts, technology experts, cybersecurity specialists, finance professionals and advocates with expertise in technology law. It would be tasked with approving AI systems, framing standards, coordinating implementation and publishing annual reports on AI use in courts.

The framework further proposes AI Committees in the Supreme Court and every High Court, dedicated AI Secretariats, regular legal and technical audits, cybersecurity safeguards, incident-reporting mechanisms and specialised training programmes for judges, lawyers and court staff.

The move comes amid growing discussions on the opportunities and risks associated with AI in the legal sector. Notably, the Supreme Court has previously taken note of concerns relating to AI-generated fake citations and sought responses from bar bodies on possible regulatory measures.

The High Courts of Kerala and Gujarat have already issued guidelines governing the use of AI by the district judiciary.

 

 

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