The Kerala High Court has issued a comprehensive policy that outlines guiding principles for the responsible and restricted use of Artificial Intelligence (AI) tools within the state's district judiciary. This landmark move balances technological advancement with judicial integrity, acknowledging both the benefits and inherent risks of AI technologies. The policy is the first of its kind in India and aims to ensure AI is used cautiously and ethically by judicial officers, employees, interns, and law clerks.
Key Objectives and Principles
The core objective of the "Policy Regarding Use of Artificial Intelligence Tools in District Judiciary" is to ensure AI tools are used responsibly, solely as assistive tools, and strictly for specifically allowed purposes. The policy emphasizes that AI should never substitute decision-making or legal reasoning. It focuses on four key principles: transparency, fairness, accountability, and the protection of confidential data.
The guidelines apply to all members of the district judiciary, including judges, clerks, interns, court staff, and other employees involved in judicial work, regardless of whether AI tools are used on personal or government devices. The policy encompasses all AI platforms, including generative AI tools like ChatGPT, Gemini, Copilot, and Deepseek, as well as AI-based databases used to access case law and statutes.
Restrictions on AI Use
The Kerala High Court's policy explicitly prohibits using AI tools to make decisions or conduct legal reasoning. Judges are barred from using AI to arrive at findings, reliefs, orders, or judgments. The policy emphasizes that the responsibility for the content and integrity of judicial orders rests fully with the judges.
The guidelines set clear limits on the usage of AI tools. Writing, drafting legal judgements, orders, or findings is strictly prohibited. Translating documents using AI tools without verification from a judge or qualified translator is also disallowed.
The policy distinguishes between "general" AI tools and "approved" AI tools. Only AI tools approved by the Kerala High Court or the Supreme Court can be used for court-related work. The use of cloud-based services is to be avoided unless explicitly approved to protect sensitive information. The policy specifically bans public generative AI platforms like ChatGPT and DeepSeek.
Permitted Uses of AI
While restricting AI in decision-making, the policy allows AI to assist with routine administrative tasks such as scheduling cases or court management. However, such uses must be done under the observation of a person and should be duly recorded.
AI can be used for research work, such as looking up citations or judgments, but the results must be verified by an appointed person. All AI-generated content, including citations and legal references, must be carefully checked by judges or qualified personnel before being used. AI outputs related to legal translations must be verified by qualified translators or judges.
Ensuring Accountability and Transparency
The policy mandates that courts maintain a detailed audit trail of all AI usage, documenting verification steps taken by human users to check the accuracy of results. Any errors detected in AI tool outputs must be immediately reported to the Principal District Court and forwarded to the High Court IT Department for review.
Judicial officers and staff are required to attend training sessions that cover the ethical and technical issues involving the use of AI in court-related work. The training will address the legal, practical, and ethical implications of AI in judicial work.
Consequences of Violations
The Kerala High Court has made it clear that any violation of the AI policy will lead to disciplinary action. The High Court has instructed all District Judges and Chief Judicial Magistrates to disseminate the policy to every judicial officer and staff member within their jurisdiction and ensure strict compliance.
Broader Implications
The Kerala High Court's move is a pioneering step in regulating AI within the Indian legal system. It sets a precedent for other High Courts to frame principles and guidelines for using AI in the judiciary. By emphasizing human oversight, fairness, confidentiality, and accountability, the policy aims to harness AI's potential while safeguarding core judicial values.
