Details

No Judge, No Papers, No Lawyers And Judgment Delivered

• Dr. Abhinav Sharma
  (Advocate)
• 
  ()

NO JUDGE, NO PAPERS, NO LAWYERS AND JUDGMENT DELIVERED– IS THIS THE “INTELLIGENCE” OF FUTURE JUDICIARY WORLDWIDE & INDIA

--DR ABHINAV SHARMA,

ADVOCATE 

B.Sc. LL.B,LL.M, 

Ph.D (Constitutional Laws)

Advocate at Supreme Court of India&

Rajasthan High Court Former Addl. Advocate General(Rajasthan) 

 

“Every aspect of learning or any other feature of intelligence can in principle be so precisely described that a machine can be made to simulate it….I proposeto study the relation of language to intelligence.”

And HEcalls it ARTIFICIAL INTELLIGENCE (AI)

-- PROPOSAL FOR RESEARCH BY JOHN MCCARTHY, 1950, DRATMOUTH,

NEW HAMPSHIRE, US. 

Yes, you read me right! A Robot Judge, paperless court, and robot lawyer delivers outcome called “JUSTICE” all based on AI. 

Yes, It has already begun. 

China is the first country to have an AI based judgment delivery system . An application called donopay  has already been in UK and US that runs with the concept to not to pay for lawyers for legal work with around 200,000 subscribers to write petitions, applications, claims, taxation work, report fraud, scams and get work done without assistance of human lawyer and paying them any legal fee thus proving a day to day help to public at large at affordable price. Even in SA the same company has brought up an AI based Robotic chatbot to replace lawyersknown as myailawyer . 

The first AI assisted robot lawyer was promoted to be part of the defendant team (to advise) in the first case from defendant side in court in February 2023 in the US, however, the company was reportedly fined by the authorities for making false claim of a robotic lawyer . 

But it all began at the summer of 1956 at Dartmouth College in Hanover, New Hampshire. When a young 29-year-old boy- aMathematician from Boston, Massachusetts, USA named Johan McCarthy joined as Associate Professor of Mathematics at prestigious Dartmouth College at New Hampshire to organize a group of few like thinking scientists and researchers to clarify and develop ideas about “THINKING MACHINES”. John McCarthy then picked up a unique name to this new filed of developing machines and learning and coined the name “ARTIFICIAL INTELLIGENCE”.

A screenshot of donotpay webpage

Donotpay had to face a claim for making false representation and reported to settle claim in this regard. However, the fact remains that even if under excitement a thought has come up, the way to future is not shut because today there is not true robotic lawyer. We have seen AI faces reading weather updates on TV and we take them normally, the chat system of all telephone companies are AI chatbots now and customer keeps on banging their heads with a machine fed with limited information and thus fulfilling laws of providing access to chat to customers but at the same time befooling them also. 

Things are changing fast, ‘intelligence’ is taking the place of humanitarian approach in justice delivery system. True that when formulas are set, evidence is collected and fed in a system in form of an arithmetic formula that the theoretical approach of relation of language to intelligencemay result in stimulating machine learning and producing results / judgements that may be correct but that would certainly be difficult to give a “true verdict”. 

It is also a fact that all human decisions are prone to a level ofprejudice and all justice delivery systems knowingly or unknowingly do suffer to an extent of bias, despite the best of human intentions, due to the trait of being a ‘HUMAN’ and not artificial intelligence. 

In China there is said to be a pendency of around 19 million cases and the number of judges is lesser, that China thus has developed robots with AI to help, suggest and support the justice delivery system. Going beyond China has established Internet Courts that runs 24x7 and for whole year. People are suing through these courts and holographic judges appears to deliver the verdict, people interact with the AI judge via messaging apps. 

EU has authoritatively recognized AI as a part of human life now and has codified a law in the form of first of its kind of comprehensive Act that regulates AI. The key objective as the Art.1 of the regulations  reads is:- 

“The purpose of this Regulation is to improve the functioning of the internal market and promote the uptake of human-centric and trustworthy artificial intelligence (AI), while ensuring a high level of protection of health, safety, fundamental rights enshrined in the Charter, including democracy, the rule of law and environmental protection, against the harmful effects of AI systems in the Union and supporting innovation.”

Thus, AI has got a legal recognition worldwide now. India too is not lagging. We are also in the process of bringing up a detailed legislation on the subject. India is pioneering in digitalizing legal fraternity with a centric approach towards e-courts projects. India is also a part of  Global Partnership on Artificial Intelligence (GPAI) and has even conducted the international meet on Global partnership of AI. India set the global discourse by emphasizing the intent of the Government to democratize the AI and make it accessible to all. 

 

With the central government putting huge and sizable amount of funds in the development of e-courts the AI is bound to make way in the same and the vision document on e-courts project 3.0 also speaks of the use and role of AI . As part of the National eGovernance Plan, the e-Courts Project is under implementation since 2007 for ICT enablement of the Indian Judiciary the Phase II of which has concluded in 2023. Phase III of the e-Courts Project in India is rooted in philosophy of “access and inclusion” and the third phase of the project spans for four years, 2023 onwards with a financial outlay of 7210 Crores. 

ACHIEVEMENTS OF E-COURTS PROJECT SO FAR:-

Development of the largest Free and Open-Source Software [FOSS] based case information and management system in the world. Adoption of a FOSS based platform resulted in estimated savings of Rs. 340 crores (3400 million) to the country not including the recurrent costs towards license fees and maintenance

Creation of a common Case Management and Information System “CIS National Core v3.2” software for all the district and subordinate courts of India

Case Management and Information system “CIS National Core v1.0” implemented in all 22 High Courts of India

Data of 3256 court complexes across the country is now available online

Individual websites of 688 district courts established

The National Judicial Data Grid [NJDG] contains data of 13.60 cores (1360 million) (pending and disposed) from district and taluka courts.

Total 3.38 crores (338 million) cases (pending) and 12.49 crores (1249 million) orders and judgments of different High Courts available online

4.54 million Android users have downloaded the mobile app developed by the e-Committee.

In a country like India where the dynamics of constitutional law tests at its touchstone every legislation, the approach to adopt the AI for replacement of judges, lawyers and evidence analysis may be questioned but the fact is that AI can never replace the humanitarian angle and a human sentiment playing in the mind of a judge while dealing with complex socio legal issues. The AI can never think of deviating from the set formulas like locus standi, but the Supreme court of India has evolved a dynamic judiciary in this country in the scope of Art. 32 of the Constitution of India by protecting the fundamental rights that are recognized in writing and those un-codified in the ethics and principal spirit of the frames of the Indian constitution have also been recognized. 

The other means of electronic advancements are although most welcome and can always be used as an aid and assistance of the justice delivery system. The technological advancements are always welcome. Covid19 is an infamous reality that we all witnessed. The Indian judiciary was then not geared up from the sudden fallout of the consequences that arose out of Covid19 at that time also the Indian Judicial system could survive only because the country had a robust e-court project running and that with no loss of time shackles of technicalities were broken and digital courts were chosen over the physical courts to save humanity, deliver justice to migrants, poors, homeless, jail inmates, covid vaccine delivery, hospitals aid etc. 

On 21st May, 2012 Madhupur – a subdivisional town of Deoghar district, Jharkhand emerged on the judicial map of the country to have conducted the first ever online trial through video conferencing system at the newly constructed civil court. Hon’ble Justice Altamas Kabir of the Supreme Court inaugurated the new facility from the conference room of the Jharkhand High Court in the presence of Hon’ble Chief Justice Prakash Tantiaand other judges. 

The first ever high court to hear a case by making a bridge of video conference in pre-covid and in the covid period was Rajasthan High Court. Justice S Ravindra Bhatt, the then Chief Justice was the first person to hold a Division Bench for hearing a matter at Principal Seat for which arguments were heard with lawyers appearing in court room at Jaipur and the hon’ble Division Bench sitting at Jodhpur when there was no such concept of Virtual hearing in high court nor any such innovative action was ever taken before Covid19. 

 Photo showing first ever VC hearing setup being done at CJR court at Jodhpur for hearing case by VC from Jaipur on next day in August, 2019. 

The VC by Rajasthan high court made a history of one aspect of virtual court coming to High Court. The other steps like e-filing, paperless courts is yet a mission to be achieved. The high court at Rajasthan is still gearing up under the able guidance of the ecourts committee and things are being taken care of. The digital literacy is a key factor in this. The Rajasthan high court has provided a counter for scanning and filing of court cases under the e-courts project on collection of a nominal fee to assist the lawyers, their clerks and litigants who are not digital friendly or require any assistance. 

The newspapers went completely abuzz about the sensational hearing and TV screens were installed in the court premises where lawyers gathered to hear the hearing for days together. 

We have come a long way after COVID19, VC hearing both at high court and at Supreme Court of India have become a regular feature, rules have been framed, e filings are taking place, few high courts are leading in the e-court projects and case flow management. While some are still struggling to develop a case flow management. MP high court pioneered this work and other high courts have followed in similar footstep. The essence of having an effective, unbiased, unquestionable case flow management is to do away with the roaster systems in the high courts. All judges must hear all cases and the CJ, listing registrar alone should have the listing powers. 

Rajasthan High Court recently celebrated a yearlong event to mark the occasion of its platinum jubilee. One event was a seminar related to the use of technology-

 

A seminar organized by Rajasthan High Court Bar Association on April 27, 2024 during platinum jubilee event of Raj. High Court on Technology and future innovations in ADR challenges and considerations – present on dias with Bar officials- Justice Prashant Mishra, Hon’ble Judge SC, Mr. Tushar Mehta ld. SG, Justice M.M. Shrivatava, CJR, Justice Prankaj Bhandari and ld. AG Rajendra Prasad. Below is the 2024 executive of RHCBA at the event with dignitaries

 Hon’ble Mr. Justice Prashant Mishra Judge Sc at the Platinum Jubilee event of Raj.HC at Jaipur  

“Science is handmade of human beings, the human view point can never be replaced by Robots”, Stressed Justice Mishra at the seminar.

Ld. Solicitor General Tushar Mehta welcomed the digitalization of judiciary; however, he gave examples to cite how AI and robotic judges or handing over of major work to AI can be fatal for justice delivery.

PIC-Senior Advocate ld. Solicitor General Tushar Mehta with President Bar Association Prahlad Sharma, Advocate Dr. Abhinav Sharama and Advocate Pooja Sharma at the event. 

Be that as it may be the e-courts project is still underway, there may be reasons from a lawyer’s perspective to complain, object and protest in the system but lawyers must not forget that they form the part of the justice delivery system; we are undoubtedly crippling along with the judiciary under the burden of piling litigation but there is always a “BREAK POINT” whereafter things set themselves “EVEN”. The time is not far when AI will change things and the “break even” will start resulting yields. 

Back in 1955 when a young boy of 29 year has coined this term artificial intelligence limited to his thought of teaching the learning process & intelligence to machines,he would have never anticipated a virtual court, with no judge, no papers, and no lawyers but that to an extent is coming true globally. People in enthusiasm have even started making claims of robotic lawyers coming true! May god forbit if science becomes the master and we human beings become their (AI) servant the things will be unimaginable. 

In conclusion the justice delivery system is based upon the universally accepted principle of RULE OF LAW and not “Rule” -RULED BY AN ARTIFICIAL INTELLIGENCE, Digital literacy is a must amongst the stake holders, mere paper work to show figures alone would not suffice, running away from the future which can be foreseen to arrive would not be advisable, every stakeholder must be geared up to the upcoming future of AI, the advancements of technology and their use are always welcome but nothing comes for cheap, disposal of pending cases and the overburdened judicial system may take AI today as an aid but it has its limitations which may overpower and may even cripple the system as well such inherent risks must be well foreseen and corrected in time to see a better Future of Judiciary.Passing a baton to the new incumbent in an institution is inevitable. People die but institutions don’t thus incorporation of techno-friendly personsboth in Subordinate and Higher Judiciary is now need of time this is not just to run the e-court’s project but to foresee that such person inducted in the Judicial system will also have a say tomorrow to shape the future of Judiciaryalongside AI. 

ABOUT AUTHOR

DR ABHINAV SHARMA, advocate is B.SC. LL.B(topper) LL.M(topper) and doctorate(Ph. D) in Constitutional laws, he has his own YouTube channel dedicated to use of technology in the field of law- named-- @lawmanabhinav . He can be reached at rajhclegal@gmail.com and contacted at 9829230723,Dr. Sharma taught law in university law school and also law to the management students at university Poddar management school at Rajasthan, he took a 6000 km drive with family and advocate wife unto Kanyakumari while doing court work on the go by way of digital court process to show that digital India don’t need a physical hearing and court process can be done even while travelling. 

• Share :