New Delhi: The Chief Justice of India (CJI) D Y Chandrachud on Saturday said in the legal domain, the adoption of artificial intelligence (AI) might accentuate inequality by favouring those with access to advanced technology but it also opens the door for new players and services, disrupting existing hierarchies.
The CJI, while speaking at a two-day conference on technology and dialogue between the Supreme Courts of India and Singapore, said as we navigate the integration of AI into the legal domain, it is imperative that “we remain vigilant in addressing the systemic challenges and ensuring that AI technologies serve to enhance, rather than undermine, the pursuit of justice for all”.
The CJI stressed that the integration of AI in modern processes including court proceedings raises complex ethical, legal, and practical considerations that demand a thorough examination. “The use of AI in court adjudication presents both opportunities and challenges that warrant nuanced deliberation”, he said.
The CJI said the Punjab & Haryana High Court encountered a situation where input from ChatGPT was sought to broaden the perspective on a bail petition. He elaborated that in the case of Jaswinder Singh v. State of Punjab, the presiding judge, while rejecting a bail petition due to allegations of involvement in a brutal fatal assault, turned to ChatGPT for insights. The CJI said, however, it is crucial to clarify that ChatGPT’s input was not considered by the high court when assessing the case’s merits. Instead, it was intended to offer a broader understanding of bail jurisprudence, particularly in cases involving cruelty as a factor, he added.
The CJI said these instances show that “we cannot avoid the question of using AI in court adjudication”.
“While AI presents unprecedented opportunities, it also raises complex challenges, particularly concerning ethics, accountability, and bias. Addressing these challenges requires a concerted effort from stakeholders worldwide, transcending geographical and institutional boundaries”, he said.
The CJI pointed out that amid the excitement surrounding AI’s capabilities, there are also concerns regarding potential errors and misinterpretations. “Without robust auditing mechanisms in place, instances of “hallucinations” – where AI generates false or misleading responses – may occur, leading to improper advice and, in extreme cases, miscarriages of justice”, he said.
The CJI said, in the legal domain, the adoption of AI might accentuate inequality by favouring those with access to advanced technology but it also opens the door for new players and services, disrupting existing hierarchies.
He elaborated that the adoption of hybrid-mode hearings by the Supreme Court represents a significant shift in the country’s judicial landscape, with far-reaching implications for access to justice and the legal profession. Justice Chandrachud said that by embracing hybrid-mode hearings, which allow virtual participation, the Supreme Court has removed geographical barriers and this democratized the access to the apex court.
He said that the impact of bias in AI systems presents a complex challenge, particularly when it comes to indirect discrimination and this form of discrimination occurs when seemingly neutral policies or algorithms disproportionately affect certain groups, thereby undermining their rights and protections.
The CJI said that in the realm of AI, indirect discrimination can manifest in two crucial stages: firstly, during the training phase, where incomplete or inaccurate data may lead to biased outcomes, and secondly, discrimination may occur during data processing, often within opaque “black-box” algorithms that obscure the decision-making process from human developers.
A "black box" refers to algorithms or systems where the internal workings are hidden from users or developers, making it difficult to understand how decisions are made or why certain outcomes occur.
The CJI said the advancement of technology and AI is inevitable and in the field of law, this translates to the potential for AI to expedite and streamline justice delivery.
“The era of maintaining the status quo is behind us; it is time to embrace evolution within our profession and explore how we can harness the processing power of technology to its fullest within our institutions”, he said.
Justice Chandrachud said there is a fear that adoption of AI may lead to the emergence of two-tiered systems, where access to quality legal assistance becomes stratified based on socio-economic status.
“The poor may find themselves relegated to inferior AI-driven assistance, while only affluent individuals or high-end law firms can effectively harness the capabilities of legal AI. Such a scenario risks widening the justice gap and perpetuating existing inequalities within the legal system,” he said. Chief Justice of Singapore Justice Sundaresh Menon, and several other judges and experts were also present during the conference.
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