Justice BR Gavai of the Supreme Court of India has advocated caution in using artificial intelligence in the judiciary. While acknowledging that AI can be a beneficial tool to ease the administrative burden of case management, he noted that it can also be used for effective listing and scheduling of cases. However, Justice Gavai warned about the risks inherent in over-dependence on AI, according to LiveLaw.
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AI in Judiciary
Speaking at a conference organised by the Supreme Court of Kenya, Justice Gavai reportedly highlighted that AI-powered scheduling tools have been integrated into case management systems to allocate court dates intelligently, balance the workload of judges, and ensure optimal use of court resources. However, he pointed out ethical concerns arising from the use of AI for legal research. There have been instances where platforms like ChatGPT have generated fake citations and fabricated legal facts.
Risks of Misinformation from AI-Generated Content
According to Justice Gavai, While AI can process vast amounts of legal data and provide quick summaries, it lacks the ability to verify sources with human-level discernment. As a result, lawyers and researchers trusting AI-generated information have unknowingly cited cases that do not exist or relied on misleading legal precedents, leading to professional embarrassment and potential legal consequences, the report said.
Misuse by Content Creators
Justice Gavai also expressed concern about content creators misusing live-streamed court hearings. He reportedly noted that short clips are often sensationalised and used to spread misinformation. He emphasised that such actions by content creators and YouTubers raise questions about intellectual property rights and the ownership of judicial proceedings. Therefore, he called for clear guidelines on the usage of live-streamed court proceedings.
AI Citation Policies
According to a Bar and Bench report, Justice Gavai stressed the importance of developing AI citation policies to prevent AI-assisted plagiarism, ensuring that law students and researchers maintain academic integrity and transparency.
Justice Gavai also warned against a future where legal professionals rely solely on machine-generated analysis without verifying its legal validity, the second report said.
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AI as a Supplement, Not a Replacement
"AI tools should be viewed as supplements rather than replacements for human legal reasoning," he reportedly added while speaking at the University of Nairobi on the theme — Evolution of Laws on Technology.
"What if ChatGPT generates a text based on some previously published article, without even citing it? Or, if multiple researchers use similar keywords, would ChatGPT yield identical results?" he pointed out, according to the report.
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Technology and the Law
He reportedly reiterated that while AI can assist in streamlining legal processes, it lacks the nuanced judgment, ethical considerations, and contextual understanding that human lawyers bring to the field.
Justice Gavai further addressed the growing legal challenges posed by technology, noting that cyber laws, data protection regulations, and intellectual property (IP) laws are now essential components of legal education.
