Artificial Intelligence in judiciary must not replace human mind and judgment: Justice Gavai

Balancing Technological Advancements and Judicial Integrity

Justice B.R. Gavai, poised to become India’s next Chief Justice, emphasized that artificial intelligence tools like ChatGPT should only serve as aids rather than replacements for human judicial reasoning during a keynote address at the All India District Judges Conference. This warning follows recent incidents where lawyers faced sanctions for submitting AI-generated fake legal precedents[3][6].

The Double-Edged Sword of Legal AI

While AI systems demonstrate remarkable capabilities in drafting documents and analyzing case patterns[1][2], Justice Gavai cautioned that overreliance risks compromising constitutional due process protections. Landmark tools like Lex Machina and ROSS Intelligence have improved legal research efficiency but cannot replicate judges’ nuanced interpretation of laws in contexts requiring moral reasoning[2][6]. The Supreme Court registry recently tightened verification protocols after a petitioner cited nonexistent AI-generated judgments[3].

Constitutional Safeguards Against Automation

Legal scholars highlight that Article 21’s fundamental rights protections create inherent limitations on judicial AI adoption. Unlike administrative decision-making where automated systems may satisfy Mathews v. Eldridge balancing tests, constitutional due process requires human judges to evaluate litigants’ unique circumstances[2][6]. Former CJI D.Y. Chandrachud reinforced this view, stating “efficiency means nothing without fairness” in his Welingkar Institute address last month[6].

Global Precedents and Path Forward

The England-Wales judiciary’s guidelines for ethical AI use provide a potential roadmap, advocating phased implementation starting with document review and legal research assistance[2]. Justice Gavai endorsed this model, proposing specialized training programs to help judges critically evaluate outputs from platforms like Casetext and Westlaw Edge. The Bombay High Court recently partnered with IIT Bombay to develop customized AI tools that flag statistical biases in sentencing patterns while preserving judicial discretion[5][6].

Institutional Reforms for AI Integration

The National Judicial Data Grid’s expansion now incorporates AI modules for predicting case resolution timelines, drawing from its repository of 58 million digitized judgments[1][6]. However, the Supreme Court’s AI committee maintains strict oversight, prohibiting algorithmic risk assessment in bail decisions after studies showed racial bias patterns in similar U.S. systems[2][5]. Justice Gavai concluded that “the lakshman rekha for judicial AI lies in Article 142’s equitable jurisdiction – technology must serve justice, never supplant it.”