Vidushi Vats
Justice Aravind Kumar from the Supreme Court recently emphasized that, while artificial intelligence (AI) has made significant strides in fields like law and medicine, it remains a far cry from surpassing human intelligence in a broader context. This sentiment underscores the prevailing belief that while AI can augment tasks and decision-making, a complete replacement of human cognitive capabilities is highly unlikely in the foreseeable future.
The use of the “major questions doctrine” by the Supreme Court may present challenges for Congress or the White House in regulating AI. This doctrine allows the Court to sidestep intricate and swiftly evolving issues, potentially impeding the establishment of comprehensive AI protocols.
Moreover, the Delhi High Court has stressed that AI cannot supplant the human element in the adjudicatory process, underscoring the pivotal role of human judgment, empathy, and understanding in complex legal cases.
AI regulation within the legal system is currently being addressed through several key initiatives and frameworks:
1. EU AI Act: The European Union has taken a pioneering step by introducing the AI Act, which stands as the world’s first comprehensive AI law aimed at governing AI usage within the EU. This act categorizes AI systems based on the level of risk they pose to users, leading to varying degrees of regulation.
2. Existing Laws and Regulations: Certain facets of AI, including privacy, security, and anti-discrimination, are already encompassed by established laws and regulations. These existing legal frameworks serve to mitigate some of the potential risks and challenges associated with AI.
3. Updating Legal and Policy Frameworks: With AI significantly reshaping the practice of law, it becomes imperative to revise legal and policy frameworks. This revision aims to facilitate innovation while also identifying and safeguarding against associated risks. It involves ensuring that AI systems deployed in the legal system meet criteria such as safety, transparency, traceability, non-discrimination, and environmental sustainability.
4. Capacity Building for Judicial Systems: Judicial systems around the world are actively exploring the potential of AI in tasks like legal data analysis, providing investigative support, and automating decision-making processes. Meaningful discussions among stakeholders within the judicial ecosystem are crucial in addressing the challenges and opportunities tied to harnessing AI in the legal system. These discussions also consider the implications for human rights and the rule of law.
Consequently, a synergistic integration of AI and human expertise is more likely to drive progress and enhancements across various domains, rather than a complete substitution of human intelligence.