AI could be harnessed for research and drafting but cannot replace human judges: Justice Sanjay Kishan Kaul

Artificial Intelligence (AI) tools could be harnessed to optimise tasks such as research and drafting but it cannot replace human judges, Supreme Court judge Justice Sanjay Kishan Kaul said on Saturday..A continuous thought process of a judge is important and technology cannot replace the human mind, he opined."How to use AI to assist lawyers and judges? Speed of research, drafting increases. But a word or caution - a judge operates from the mind and the heart. I don't believe AI can take care of the latter aspect. ChatGPT works both ways. I am a little conventional. I am not comfortable in outsourcing judgment writing to Chat GPT. A continuous thought process of a judge is important. Technology cannot replace the human mind," he said.The Supreme Court judge made these remarks during a technical session on the theme of technological developments and the law, which was part of the 36th LAWASIA conference being held at Bengaluru.Speakers on the panel were called to deliberate on the role of the internet, innovations such as e-courts and machine intelligence tools such as Chat GPT and their impact on the process of adjudication.Justice Kaul said that AI is a useful but we should not make it our master. "To summarise, digital tools are a useful servant, but let's not make it a master to us. There is no guarantee that AI systems will be in line with fundamental principles," he said.In his address, Justice Kaul also emphasised on the need for judges to interact with the society.A person does not become a good judge by merely shutting herself away from society, he stated.The judge added that it was his interaction with society that has helped him understand certain areas of law better such as the use of technology in law."Judicial propriety is a wide concept. Being merely antisocial doesn't create a good judge. Interactions with sections of society has enabled me to understand the area better," Justice Kaul said. .Justice Kaul proceeded to add that the role of judge is not cut off from society or technology. .Other speakers at the session chaired by Justice Kaul included Sri Lankan Supreme Court judge Justice Arjuna Obeyesekere, Justice Sapna Malla of the Nepal Supreme Court and Justice Naima Jaider of the Bangladesh Supreme Court..Justice Obeyesekere observed that India had set an example for its neighbours in terms of technological advancements in the judiciary.Justice Malla weighed in by observing that in her experience, AI was useful in preliminary research. "But as Justice Kaul said, we must use our mind and our heart. While we sit on elevated pedestals, we are still human beings. Is it right for judges to use social media? It can pose risks to independence and impartiality," she added. Justice Haider observed that AI could potentially aid in breaking down barriers to access justice by reducing costs and time. "Lawyers can assist more clients by reducing their time spent on research," Justice Haider observed. .The four day conference is ongoing and is expected to conclude on November 27, Monday. Earlier today, Chief Justice of India DY Chandrachud delivered the keynote address on the topic 'Identity, the Individual and the State: New Paths to Liberty.'In his speech, the CJI said that reservation or affirmative action stands as a beacon of hope to weed out caste based inequalities, he stressed.Read more about what CJI DY Chandrachud said here.