Artificial Intelligence cannot replace human decision making in a judicial system: CJI SA Bobde

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Khushi

The Chief Justice of India SA Bobde on Thursday opined that while Artificial Intelligence (AI) can assist humans in reaching a decision, it cannot replace the human decision making capacity in a justice delivery system.

 According to the CJI, “It is not possible for a system of justice to accept a machine however intelligent to replace a human decision. There is a lot of emotional basis to a (judicial) decision, which AI cannot reach.”

On April 6, 2021, the Supreme Court of India launched the first AI driven research portal, Supreme Court Portal for Assistance in Court’s Efficiency (SUPACE).

Earlier, CJI described it as a ‘hybrid system’ and ‘a perfect blend of human intelligence and machine learning’ that does wonder when paired with human intelligence.

Artificial Intelligence, according to him, can be used to extract information and at speed but AI should not be allowed to determine the outcome of the case.

“How to extract information is where AI in judiciary must end, according to me. Finding out the latest position in law according to me is an important tool. We must not allow AI to determine the outcome of a case,” he said.

“I have persistently opposed automated decision making. It is not possible for a system of justice to accept a machine however intelligent to replace a human decision,” the CJI emphasised.

“There is a lot of emotional basis to a (judicial) decision, which AI cannot reach. Hence I have opposed algorithmic reasons for decisions in court,” he concluded.

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