Supreme Court Draft Rules: AI Can Aid Courts but Not Decide Cases
The Supreme Court has released draft regulations governing the use of artificial intelligence in the judiciary. The Regulations for Use of Artificial Intelligence in Courts, 2026, aim to create a framework for AI adoption while ensuring human oversight remains paramount.
The draft rules are not automatically binding. They will come into effect for the Supreme Court on a date notified by the Chief Justice of India. For high courts and subordinate courts, implementation will occur separately based on notifications by the respective high court chief justices. Different provisions may be phased in at different times to suit local requirements.
Courts are encouraged to deploy AI systems that demonstrably improve access to justice, reduce delays, or enhance administrative efficiency. Permitted uses include case management, transcription, translation, legal research, document summarisation, accessibility, and court administration. However, all such uses require written approval from the Supreme Court's Apex Body or the relevant high court's AI Committee, and must be supervised and verified by court-nominated officers.
The draft explicitly bars AI from making judicial decisions. No judicial outcome shall be reached through algorithmic decision-making or solely based on AI-generated information. Human judicial authority remains decisive in all adjudication. Any AI use in decision-making is advisory only and subject to independent judicial evaluation.
Several uses are absolutely prohibited: risk scoring for flight risk, predicting recidivism, evaluating bail eligibility, determining witness credibility, predicting future conduct of parties or legal representatives, submitting AI-generated output as independent evidence without disclosure, and using unexplainable 'blackbox' AI systems in matters affecting personal liberty.
Litigants must be informed if a court uses AI to materially assist in case management, document analysis, or judicial administration. The notification must be timely and accessible.
An Apex Body comprising Supreme Court and high court judges, a Ministry of Electronics and Information Technology official, and experts in finance and cybersecurity will set minimum standards and approve AI systems. Five specialised committees, along with AI Committees for each court and a Centre of Research and Excellence on Artificial Intelligence, will support implementation.
