ARTIFICIAL INTELLIGENCE IN LAW

ARTIFICIAL INTELLIGENCE IN LAW

Artificial Intelligence can help reduce pendency of cases, increase efficiency of judiciary. But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. In the justice delivery system, there are multiple spaces where the AI application can have a deep impact. It has the capacity to reduce the pendency and incrementally increase the processes. The recent National Judicial Data Grid (NJDG) shows that 3,89,41,148 cases are pending at the District and Taluka levels and 58,43,113 are still unresolved at the high courts. Such pendency has a spin-off effect that takes a toll on the efficiency of the judiciary, and ultimately reduces peoples’ access to justice. The use of AI in the justice system depends on first identifying various legal processes where the application of this technology can reduce pendency and increase efficiency. The machine first needs to perceive a particular process and get information about the process under examination. For example, to extract facts from a legal document, the programme should be able to understand the document and what it entails. Over time, the machine can learn from experience, and as we provide more data, the programme learns and makes predictions about the document, thereby making the underlying system more intelligent every time. This requires the development of computer programmes and software which are highly-complex requiring advanced technologies. Additionally, there is a need of constantly nurturing to reduce any bias, and increase learning. Over time, as one understands and evaluates various legal processes, AI and related technologies will be able to automate and complement several tasks performed by legal professionals. It will allow them to invest more energy in creatively solving legal issues. It has the possibility of helping judges conduct trials faster and more effectively thereby reducing the pendency of cases. It will assist legal professionals in devoting more time in developing better legal reasoning, legal discussion and interpretation of laws. However, the integration of these technologies will be a challenging task as the legal architecture is highly complex and technologies can only be auxiliary means to achieve legal justice. There is also no doubt that as AI technology grows, concerns about data protection, privacy, human rights and ethics will pose fresh challenges and will require great self-regulation by developers of these technologies. It will also require external regulation by the legislature through statute, rules, regulation and by judiciary through judicial review qua constitutional standards. But with increasing adoption of the technology, there will be more debates and conversations on these problems as well as their potential solutions. In the long-run all this would help in reducing the pendency of cases and improving overall efficiency of justice system.

Role of artificial intelligence in law

Artificial Intelligence is a tangled issue that is found to be affecting almost every other sphere in today's era. The core idea behind this terminology is a machine that can think and act like humans- making and practically applying its own decisions by properly formulating and using a typical thought process. This technology is affecting our daily lives in a positive manner and has the potential to immensely modify the manner in which humans would interact with each other and also in the digital world. It has now come forth in the market and is making its way through the industrial spectrum as it is noteworthy that a significant number of industries today - not specifically related to technology but covering all the other dynamics, are welcoming AI. This being said, the legal industry may not have been among the first to embrace Artificial Intelligence, it sure has a lot of potentials to benefit from this technology and turn it into a perk for their advantage. At present, a notable usage of AI can be seen by its implementation in legal areas such as 'e-discovery', 'legal research', 'compliance', 'contract analysis', 'documentation', and 'due diligence, etc. It requires tremendous effort by the side of the lawyers so that they can give their best and create the best arguments in favor of their client so as to secure a win in a court. One of the most important aspects is the legal counsel that is given by the lawyer to the client who barely understands the legal terms and technicalities. This process is tiresome and time-consuming at times. Here, the assistance of AI can be sought to decrease the amount of time consumed in this process- the drafting of contracts and arguments, filing of evidence(s), researching legal precedents, etc. can be all completed through this technology. Now, if we delve into the international perspective related to the usage of Artificial Intelligence in the legal system, recently, a company from the USA created the world's first AI legal system named 'ROSS Intelligence' that has been widely encompassed by legal researchers. Through ROSS, the company has tried to make legal research tasks more efficient and agreeable. With lawyers putting in less effort than before and achieving far more positive results as well as this technology catering more to the specific needs of the lawyers and their clients shows that the use of Artificial Intelligence like this can be of great advantage as simulating certain intellectual progressions of the human mind, AI enables the computers to effortlessly complete several basic job functions. In the field of law, there is an increase in the adoption of Artificial Intelligence as this is ensuring better client service and boosting productivity at present when most of the law firms, as well as the court of law, have sought to work from home in this situation. Using AI technology provides an option to explore diverse ways of working for a lawyer who may have abruptly switched to work from home. The Courts, both in India and other nations have switched to online platforms to continue with the proceedings as it is impossible to do the same physically like before due to the pandemic. The courts have suspended in-person oral arguments and have switched to remote appearances, through video sessions as well as telephonic and other electronic means. This is why the inclusion of AI at present is bringing about a massive change in the legal industry worldwide. There have thus been several moments of realization of the power and impact of today's advanced technology and its ability to simplify several legal procedures in a financially viable, efficient, and effective way. Articulating the application and impact of Artificial Intelligence in the Indian legal system, can prove of great importance as the Indian legal regime is vast and changing constantly, and through advanced AI technology, lawyers can get exceptional insights into several legal purviews within no time. For instance, a research platform supported by Artificial Intelligence can provide useful results within seconds and can also regulate the required expenditure for quality legal research. This can provide lawyers with highly efficient and advanced legal tools so as to serve their clients in a better way. The scope of AI in Indian law firms is capacious as the Indian legal sector has seen little innovation in terms of technology as a number of lawyers still stick to the traditional research and working methods which are often found to be exasperating, pricey, and also cumbersome. Artificial Intelligence can successfully play a big role in changing the modus operandi of lawyers in India and provide a new approach towards Indian laws and their interpretations. Also, the Indian Judiciary has recently shown an inclination towards AI-based operating systems proving to be more efficient. For instance, The Supreme Court of India has launched an official AI-driven application [SC Vidhik Anuvaad Software] specially created by machine learning translation technology by Artificial Intelligence. Concluding, it can be said that AI-based software and programs can reduce a lawyer's time and effort considerably and can push the law firms towards a more result-oriented outcome benefitting the clients and thereby themselves. The benefits of AI-based systems are so immense that even the cost is overwhelmed by benefits, described the teams and clients as it becomes important for everyone to participate in this progression of their roles and use it to the best of its abilities so as to develop the legal system in India.

Artificial Intelligence and the Legal Profession: An 'intelligent' way ahead?

Use of AI in the legal system The use of AI in the legal system is still in its nascent stage, but is slowly being adopted by several countries, law firms and judiciaries alike. It provides cost effective solutions to lawyers by pointing out the legal infirmities in judgments, providing assistance in drafting contractual documents, due diligence, legal analytics etc. Similarly, AI can act as catalyst in lessening the burden of the judiciary, especially in those cases that involve menial offences, leaving the complex cases to be decided by human judges. AI Ross, developed by IBM, has been adopted many law firms worldwide, particularly in the USA and is primarily used to vet legal contracts, conduct legal research, and briefly summarize case laws etc. Likewise, Linklaters LLP, a multinational law firm, is also developing an AI programme, Nakhoda, with the objective of providing effective contract management and structured legal data. The Treasury Board Secretariat of Canada has formulated directives on the use of automated decision-making. These state that the decisions made by the AI should be in consonance with basic tenets of fairness, transparency and legal principles. Amongst all these aforesaid developments in the AI related field, several core issues have emerged such as: a) What is the legal personality of AI? Can it be accorded the status of a ‘person’ or ‘citizen’? b) Who would be responsible if any loss occurs due to the negligence of an AI? c) Will the principle of absolute or vicarious liability apply in such a scenario? d) In the latter case, what punishment can be attributed to an artificial personality? e) How far can AI be used in the legal profession? f) Whether a person who avails the services of AI can be termed as a ‘Consumer’ under the Consumer Protection Act, 1986 etc

Recent developments in the Indian legal profession

The growth of AI in the Indian legal field has been subdued. According to a study, only about 4% of lawyers in India make use of AI for their work. Cyril Amarchand Mangaldas is perhaps the first law firm in India to adopt AI which is primarily used to analyse and improvise contractual and other legal documents. I, Lawbot? Cyril Amarchand first Indian law firm to adopt artificial intelligence The impact of AI on the legal profession and its consequent viability has aptly been described by former Chief Justice of India Dipak Misra while addressing a conference. He said, "...the future of any new-age technology lies in the regulations that govern them. Artificial Intelligence (AI) promises a high growth potential in a number of sectors… AI needs a strong legal framework around it to explore maximum benefits. AI today is growing multifold and we still do not know all the advantages or pitfalls…India has the right talent and technological resources. With a powerful legal directive, the country can set many milestones with a strong command over AI…But India currently does not have specific regulations that govern AI…" Similarly, current CJI SA Bobde also spoke on similar lines and has advocated for greater use of AI in the legal system, especially in the field of docket management and decision making. At an the event organised by the Supreme Court Bar Association (SCBA), he opined, “…We must increasingly focus on harnessing IT and IT enabled services (ITES) for providing more efficient and cost-effective access to and delivery of justice. This must also include undertaking serious study concerning future of Artificial Intelligence in law, especially how Artificial Intelligence can assist in judicial decision making. I believe exploring this interface would be immensely beneficial for many reasons. For instance, it would allow us to streamline courts caseloads through enabling better court management. This would be a low hanging fruit. On the other end of the spectrum, it will allow us to shift the judicial time from routine-simple-straightforward matters (e.g. cases which are non-rivalrous) and apply them to more complex-intricate matters that require more human attention and involvement...Therefore, in India identification of such matters and developing relevant technology ought to be our next focus." Justice DY Chandrachud has also spoken on similar lines, In an interview, he said, "The idea of Artificial Intelligence is not to supplant the human brain or the human mind or the presence of judges but to provide a facilitative tool to judges to reassess the processes which they follow, to reassess the work which they do and to ensure that their outcome are more predictable and consistent and ultimately provide wider access to justice to the common citizens." However, in developing countries like India, the usage of AI may not be regularized because of reluctance to adapt to this new change. There is also an apprehension that AI may cause serious ramifications in a labour surplus economy like India, with majority of people being uneducated and poverty stricken. In this context, Justice Dominique Hascher, judge at the Supreme Court of France, has rightly said that, "Each nation today aims to become a global leader in Artificial Intelligence. Hence, countries such as the US, the UK, China and Germany are increasing investments to leverage this technology. However, private technology companies are acing the field…India’s approach towards AI strategy has to be balanced for both local needs and the greater good. A strong regulatory system around this can ensure long-term benefits and growth.

Recently, the Law Minister has said that for implementing phase two of the eCourts project, there is a need to adopt new, cutting edge technologies of Machine Learning (ML) and Artificial Intelligence (AI) to increase the efficiency of the justice delivery system. § Also, to explore the use of AI in the judicial domain, the Supreme Court of India has constituted an Artificial Intelligence Committee. § The committee has identified application of AI technology in Translation of judicial documents, Legal research assistance and Process automation. What is eCourts Project?

About: o It was conceptualized with a vision to transform the Indian Judiciary by ICT (Information and Communication Technology) enablement of Courts. o It is a pan-India Project, monitored and funded by the Department of Justice, Ministry of Law and Justice, for the District Courts across the country. Objectives of the Project: o To provide efficient & time-bound citizen-centric services delivery. o To develop, install & implement decision support systems in courts. o To automate the processes to provide transparency and accessibility of information to its stakeholders. o To enhance judicial productivity, both qualitatively & quantitatively, to make the justice delivery system affordable, accessible, cost-effective, predictable, reliable and transparent. What is the Need of Technology in Judiciary?

Pendency of Cases: The recent National Judicial Data Grid (NJDG) shows that 3,89,41,148 cases are pending at the District and Taluka levels and 58,43,113 are still unresolved at the high courts. o Such pendency has a spin-off effect that takes a toll on the efficiency of the judiciary, and ultimately reduces peoples’ access to justice. What are Examples of Use of Technology in Judiciary?

Virtual Hearing: Over the course of the Covid-19 pandemic, the use of technology for e-filing, and virtual hearings has seen a dramatic rise.

SUVAS (Supreme Court Vidhik Anuvaad Software): It is an AI system that can assist in the translation of judgments into regional languages. o This is another landmark effort to increase access to justice.

SUPACE (Supreme Court Portal for Assistance in Court Efficiency): It was recently launched by the Supreme Court of India. o Designed to first understand judicial processes that require automation, it then assists the Court in improving efficiency and reducing pendency by encapsulating judicial processes that have the capability of being automated through AI.

Similar Global Initiatives:

o US: COMPAS (Correctional Offender Management Profiling for Alternative Sanctions). o UK: HART (Harm Assessment Risk Tool). o China/Mexico/Russia: Giving legal advice, approving pensions. o Estonia: Robot judge for adjudicating small claims. o Malaysia: Supporting sentencing decisions . o Austria: Sophisticated document management. o Argentina/Colombia: Prometea (Identifying urgent cases within minutes). o Singapore: Transcribing court hearings in real-time. What are the possible uses of AI & ML in the Judiciary?

Increasing efficiency of Judiciary: It has the possibility of helping judges conduct trials faster and more effectively thereby reducing the pendency of cases. o It will assist legal professionals in devoting more time in developing better legal reasoning, legal discussion and interpretation of laws.

Creating Judge Analytics: After “training” the application on a huge historical set of precedents, the application is capable of highlighting key points that are relevant in specific contracts. o This will help analyse thousands of previous cases and create a ‘judge analytics’. What is AI and ML?

Artificial Intelligence:

o It describes the action of machines accomplishing tasks that have historically required human intelligence. o It includes technologies like machine learning, pattern recognition, big data, neural networks, self algorithms etc. o AI involves complex things such as feeding a particular data into the machine and making it react as per the different situations. o It is basically about creating self-learning patterns where the machine can give answers to the never answered questions like a human would ever do. o AI technology helps in analyzing data and thus can improve the efficiency of systems like power management in cars, mobile devices, weather predictions, video and image analysis. o Example (Use): Self driving cars.

Machine Learning:

o Machine learning (ML) is a type of artificial intelligence (AI) that allows software applications to become more accurate at predicting outcomes without being explicitly programmed to do so. o Machine learning algorithms use historical data as input to predict new output values.

EXTRA INFORMATION ON AI

One such complex tool named SUPACE (Supreme Court Portal for Assistance in Court Efficiency) was recently launched by the Supreme Court of India. Designed to first understand judicial processes that require automation, it then assists the Court in improving efficiency and reducing pendency by encapsulating judicial processes that have the capability of being automated through AI. Behind SUPACE: The AI Portal Of The Supreme Court of India The Supreme Court of India launched its first Artificial Intelligence portal SUPACE (Supreme Court Portal for Assistance in Courts Efficiency) last month. The idea is to leverage machine learning to deal with huge chunks of case data. During the launch, the then Chief Justice Of India, CJI SA Bobde, said the Supreme Court is embracing Artificial Intelligence in its routine work. He also spoke about how most people gave little thought to AI till the defeat of grandmaster Garry Kasparov at the hands of Deep Blue in 1997. What’s SUPACE?

India’s judiciary is mired in backlogs. According to the data available with the National Judicial Data Grid, around 3.81 crore cases are pending in various district and taluka courts in India and more than one lakh cases have been pending for more than 30 years. SUPACE will be a blend of human and artificial intelligence, and as clarified by Bobde, will not be used in decision-making. The role of AI will be limited to the collection and analysis of data. “We are not going to let AI spill over to decision-making. The crucial difference being that any knowledge the human being needs to know, whether in fact or law, can be analyzed and can be reached to the judge for his decision-making. It fully retains the autonomy and the discretion of the judge in deciding the case, though at a much, much faster pace because of the readiness with which the information is made available by the AI,” the former CJI said.

Other initiatives In 2020, the Supreme Court developed a software called, SCI-Interact, to make all its 17 benches paperless. This software helps judges access files, annexures to petitions and make snores on computers. Earlier, the Department of Legal Affairs (DoLA), Ministry Of Law And Justice, has introduced a web-based application called LIMBS or Legal Information Management & Briefing System. The application can monitor cases from high courts and tribunals uploaded by the concerned Commissionerate's. The idea is to track the entire life cycle of a case efficiently. In November 2019, the Apex Court launched an indigenously engineered neural translation tool, SUVAAS, to translate judicial orders and rulings from English to vernacular languages faster and efficiently.

CONCLUSION

Artificial Intelligence (AI) is the future of the world especially of developing and poor countries like India. Artificial Intelligence(AI) will change the scenario of Administration of justice from Police Station to Supreme Court and would be most useful for solving serious problems pertaining to the judiciary namely Corruption, Whimsical approach of Judges, Judicial Dishonesty, and Costly legal processes which is normally not affordable by poor, Lengthy Judicial process which terminates the real purpose of law and justice which is to eradicate poverty because it is common knowledge that “Poor Pays The Cost Of Corruption” Artificial Intelligence(AI) will provide Fair, Fast and Free justice to 135 Crores Indian and eventually 800 Crore citizens of the world with all fairness. Artificial Intelligence (AI) will also spread to other sectors namely Medical, Engineering, Banking, and General Administration of the country.

I strongly believe that India will become a world leader in Artificial Intelligence (AI) and I am willing to lead India in the field of Artificial Intelligence (AI).

By

AJAI TANDON ADVOCATE SUPREME COURT CEO-ATC ARTIFICIAL INTELLIGENCE RESEARCH CENTRE (NATIONAL PRESIDENT - IMANDAR BHARTIYA PARTY)