Supreme Court Judge Justice Gavai raised concerns about AI’s role in the judiciary, warning that it can generate fake case citations. He emphasized that while technology has improved access to judicial proceedings, it also brings ethical challenges. Justice Gavai cautioned against AI replacing human judgment in legal matters. His remarks highlight the need for careful regulation of AI in the justice system.
New Delhi: Highlighting the transformative impact of technology on the justice system in India, Supreme Court Justice B R Gavai expressed concerns about the integration of Artificial Intelligence in the judiciary, emphasizing that it should function as an aid rather than a substitute for human judgment.
He made these remarks during a talk on “Leveraging Technology within the Judiciary” at the Kenyan Supreme Court in Nairobi.
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While speaking in Kenya, Justice Gavai raised a pivotal question,
“Can a machine, devoid of human emotions and moral reasoning, genuinely comprehend the complexities and nuances of legal disputes?”
He emphasized that the core of justice encompasses ethical considerations, empathy, and contextual understanding factors that algorithms cannot fully grasp.
Justice Gavai stated,
“While technology has significantly improved access to judicial proceedings, it has also raised several ethical concerns.”
He warned that it could lead to misinformation, noting,
“Many content creators, including YouTubers, re-upload short excerpts from proceedings as their own content, which raises questions about intellectual property rights and ownership of judicial recordings. The unauthorized use and potential monetization of such content blur the lines between public access and ethical broadcasting.”
Justice Gavai also praised the Supreme Court of India for its initiatives to transcribe proceedings and translate judgments into various regional languages, enhancing the inclusivity and accessibility of legal processes for diverse populations.
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While recognizing the advantages of technology, he cautioned against an overdependence on AI in legal decision-making, citing examples where AI-powered legal research tools generated fabricated case citations.
He warned,
“While AI can process vast amounts of legal data and provide quick summaries, it lacks the capacity to verify sources with human-level discernment. This has led to instances where lawyers and researchers, trusting AI-generated information, have inadvertently cited non-existent cases or misleading legal precedents, resulting in professional embarrassment and potential legal consequences.”
Justice Gavai also expressed concerns regarding the increasing use of AI for predicting court outcomes, noting that ethical considerations, empathy, and contextual understanding cannot be encoded into algorithms.
He urged that AI should be viewed as a tool to assist judges rather than a replacement for human deliberation.
Additionally, he highlighted issues surrounding the circulation of short clips from court hearings on social media, warning that “out-of-context snippets can sensationalize judicial proceedings, leading to misinformation and misinterpretation of legal discussions.”
He suggested that courts may need to establish clear guidelines for the responsible use of livestreamed proceedings to balance transparency with ethical broadcasting.
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In his opening remarks at the Supreme Court of Kenya, Justice Gavai referenced the deep historical and cultural ties between India and Kenya, emphasizing that both nations of the Global South share common legal challenges and aspirations.
He further noted that courts worldwide are increasingly facing issues related to digital rights, online content regulation, and AI ethics, making judicial collaboration essential in tackling these emerging challenges.
As technology and AI continue to advance, Justice Gavai stressed the judiciary’s responsibility to ensure that these developments promote justice without compromising constitutional principles.