Gujarat High Court Bans AI for Core Judicial Functions
The Gujarat High Court has issued a policy prohibiting judges and court staff from using Artificial Intelligence (AI) tools for critical judicial decision-making processes, including drafting orders, preparing judgments, bail/sentence considerations, or any form of judicial reasoning. This policy, framed under Articles 225 and 227 of the Constitution and rooted in the right to a fair trial, applies to all judicial officers, court staff, law clerks, interns, and paralegal volunteers in the Gujarat High Court and District Judiciary. It explicitly bans AI for finding facts or law, influencing operative orders, sorting evidence, assessing credibility, or summarizing testimony. A key aspect of the new directive is the imposition of personal liability on users for any AI-assisted outcomes, clarifying that AI use will not serve as a defense against errors, misconduct, or negligence.
While strictly prohibiting AI for core adjudicatory tasks, the policy allows its use for ancillary functions such as legal research, retrieval and analysis of judgments, identification of precedents, and administrative tasks like drafting templates or improving the language and clarity of draft orders, provided fundamental legal analysis remains human. However, the responsibility for verifying AI-generated information and ensuring its accuracy lies solely with the user, with independent verification from official primary sources being mandatory for any AI-generated citations. The policy also includes strict restrictions against entering personal and sensitive information into public AI tools, encompassing details of parties, pending proceedings, privileged communications, and sensitive personal data. It cautions against AI's potential to perpetuate biases related to gender, religion, caste, or socio-economic status, warning users not to rely on AI outputs in a manner that promotes systemic bias. Violations of this policy will be considered misconduct, attracting departmental and disciplinary action, in addition to civil or criminal liability under applicable laws.
Source: CourtBeat News (Kannada)
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