The Role and Impact of Artificial Intelligence in the Judiciary

 

By- Vaibhav Gupta (Assistant Professor of Law) & Mansi Gaur (LLM Student), IILM University, Greater Noida

ABSTRACT

The integration of Artificial Intelligence (AI) into the judiciary marks a pivotal transformation in how justice is conceived, accessed, and administered. This paper critically explores the evolving role of AI in the legal sector, with a particular emphasis on its influence in dispute resolution, legal research, and court management systems. It outlines the transition from traditional courtroom litigation to online and AI-driven dispute resolution mechanisms, highlighting the technological advancements that have facilitated this shift. The study also evaluates the implications of AI tools such as predictive analytics, machine learning algorithms, and smart contracts within judicial processes, while analyzing the potential benefits of efficiency, cost reduction, and enhanced access to justice. Drawing from legal developments in India and other jurisdictions such as the United States and Estonia, the paper presents a comparative framework for understanding the opportunities and limitations of AI in legal settings. Furthermore, it discusses the legislative and ethical challenges that arise with the adoption of AI, particularly concerning data privacy, judicial transparency, accountability, and the irreplaceable human dimension in legal reasoning and empathy. The research aims to provide a forward-looking perspective on how AI can be responsibly integrated into the judiciary without undermining its foundational principles of fairness, justice, and public trust.

INTRODUCTION

Alternative dispute resolution has been transformed into online dispute resolution because of the widespread use of digital technologies in recent decades. During the last several years, online dispute resolution (ODR) has made its way into the court system, further eroding distinctions between judicial and extrajudicial conflict resolution, as well as between virtual and physical spaces for seeking redress. Recently, AI has entered the field of conflict resolution, mostly via the application of AI to the task of prediction. It's safe to expect that as ODR develops and AI becomes more commonplace, the two will increasingly overlap in private and public conflict resolution, giving birth to a new kind of DR known as AI-DR. The use of AI in the legal and ADR sectors is on the rise, and its importance is only anticipated to expand in the years to come. Unanswered are issues about how AI will be designed and what strategies will be used to maximise its benefits and mitigate the risks associated with AI-based choices, suggestions, and forecasts. To retain their legitimacy and play their intended social function, dispute resolution mechanisms must be seen as fair, trustworthy, and responsible.

The dreadful COVID-19 outbreak has forced urgent action. The use of technology is an unavoidable trend that has been accepted by justice delivery systems worldwide. This shift away from a focus on physical locations, such as courts, has led to the concept of "justice" being recast as a "service" that may be rendered whenever and wherever it is most convenient for the parties involved. When it comes to implementing technological fixes to make the system accessible even as security measures modify processes, India's judicial system has been at the forefront. The leadership and pioneering efforts of the court in these trying times have legitimised the use of technology to allow conflict settlement and, as a result, access to justice. There is an increasing need for change, an urgent requirement to reduce the backlog in the legal system, increased expectations for ways of dispute resolution that are both accessible and efficient in terms of cost, and, last but not least, the technological accessibility have all come together to put India on the cusp of a potentially game-changing transformation in the framework for the delivery of justice.

AI, blockchain, big data, and machine learning (ML) are all examples of cutting-edge IT that potentially find widespread use in the judicial system. In addition, India is heading in the direction of ubiquitous connectivity, e-learning tools for legal guidance for the average person, the chance for litigants to exercise greater choice and agency in their selection of legal service providers, AI/ML-led drafting, case management automation document automation, and analysis. They are all developments in the correct way. Smart contract arbitration proceedings powered by blockchain technology are one area where the full potential of technology may be realised. Smart contracts are written in computer code and may leverage technology to make the transfer of rights and duties automatically enforceable. Thus, disputes arising out of such smart contracts may be amicably settled via blockchain arbitration.

WHAT IS Artificial IntelligenCe and its application in law

Artificial intelligence, in its broadest sense, is a scientific discipline that includes not just computer science but also psychology, philosophy, linguistics, and other related fields. AI is the study and development of methods to enable computers to do jobs that traditionally have required human intellect. AI is a computational concept that mimics human intellect by allowing a machine to understand and solve complicated problems in the same way people do. From the introduction of the typewriter to the introduction of the computer, from the exclusive use of libraries for legal study to the use of internet portals to locate important case laws, and from fax machines to emails, each technological advancement in the area of law has been revolutionary. Right now is when AI will make its way into the legal field. It is widely held that the legal services industry, although one of the biggest in the world, is not fully digitalized. The legal industry tends to stick to tried-and-true methods and is slow to embrace innovation. There's no denying that AI has the potential to revolutionise the legal profession and public perception of the law in India. As stated by Justice D.Y. Chandrachud, “technology is relevant insofar as it fosters efficiency, transparency, and objectivity in public government. AI is present to provide a facilitative tool to judges to recheck or evaluate the work, the process, and the judgments.” The ultimate goal is to improve the lives of people by expanding their access to justice.

As the legal field is still seen as labour-intensive, in India all of the work is done by hand. Hence, AI is still in its infancy; many established advocates hold the view that technology shouldn't be used widely out of fear that it may one day replace humans, and as a consequence, AI-related legislation has been mostly avoided. There are many tech-savvy attorneys and huge legal firms who are embracing technology developments to gain an edge over their rivals. As is well-known, the Indian legal system is rather comprehensive, with our Constitution alone being the longest in the world. With the rapid pace at which the world is evolving, it is essential to use AI in law to keep up. With machine learning technology, attorneys may get an unparalleled understanding of the law in record time. Cyril Armarchand and Mangaldas is just one example of a company that is taking use of AI because of the benefits it offers. Being the first law firm in India to licence "Kira," a machine learning technology created by Kira Systems in Canada, CAM has made legal history. This software is powered by AI, so it can perform a wide range of tasks, reducing the need for human intervention. The "Kira" software may examine legal documents, search for and flag potentially risky parts, and extract provisions from different legal documents. 

The dramatic rise in money spent on AI has a straightforward cause: By relieving workers of mundane chores that can be performed by computers, businesses may boost productivity and save expenses while employees are free to concentrate on more value-added work. This series will continue to demonstrate why the legal profession is a natural match for this goal-oriented justification. Legal departments, in particular, will need to anticipate this shift and adjust to the usage of AI promptly.

As far as attorneys and the legal sector are concerned, artificial intelligence (AI) is only hitting its stride. Where does this leave the practice of law in light of this new technology? In-house attorneys, in particular, will be the vanguard of the AI-driven legal revolution that will sweep the profession over the next few years. AI will become ubiquitous and invaluable assistance to nearly every lawyer, just like email did for business. Those who refuse to adapt to the new circumstances will be left in the dust. Those who do will find themselves with more time for thinking and counselling, two activities for which there is seemingly never enough time. 

Indian Law on Cyber Law: Information Technology Act

The Indian Parliament enacted this legislation to govern electronic communication, which encompasses the utilisation of non-paper-based methods of communication and data storage to facilitate electronic submission to governmental entities. The IT Act 2000 has brought about several significant modifications to Indian legislation in order to acknowledge electronic communication. These amendments are imperative to uphold the enforcement of conventional laws in the era of information technology. The principal objective of the Information Technology Act is to facilitate legal restructuring and oversight of commercial transactions conducted through electronic modes. Since it was enacted in 2000, the IT Act has had a rough go of it. The I.T. Act of 2000 has been revised in 2008 to address a number of technical issues that have arisen since its enactment and to better align it with modern realities. The Information Technology (Amendment) Act, 2008, which went into effect on October 27, 2009, included a number of key changes designed to remove obstacles to enforcement and address the growing problem of cybercrime. The IT Act of 2000 has been substantially revised due to the IT (Amendment) Act of 2008.

AI’s Impact on Dispute Resolution

Disputes have often been settled by mediators face to face. Disputes in the contemporary day have to be settled at the speed of human decision-making and the capacity of physical courts. Due to these factors, many people cannot afford the very expensive and time-consuming process of resolving legal disputes. Even if few people could manage the exorbitant expenditures of confrontational litigation, the idea of representing oneself in court had never been very appealing. Those already endowed with authority, wealth, and experience gained the most from such an environment. Alternative dispute resolution (ADR) evolved in the 1970s, leading to the broad institutionalisation of the mediation process in courts throughout the United States and, eventually, many other jurisdictions across the globe. It was hoped that mediation would alleviate the court system's problems by reducing the caseload backlog and making litigation more accessible. The goal was to find a way to resolve the dispute outside of court that would be less time consuming and expensive than litigation, while also giving the parties involved a chance to have a say in the resolution process and pursue solutions that would meet their specific goals and interests, maintain their relationships, and go beyond the constraints of the law. The anticipation of ADR became stronger with time. It has been lamented that the privatisation of the legal system has prioritised efficiency above public interest in the creation of legislation, the proclamation of social values, and the protection of the rights of society's most vulnerable members.