AI should never be allowed to substitute human discretion in judicial functioning: CJI

Chief Justice of India Sharad Arvind Bobde on Friday said that he is looking into the use of artificial intelligence (AI) for judicial functioning but added that it should never be allowed to substitute human discretion necessary for decision making.

"Use of technology in judicial functioning is a fascinating area and is an important breakthrough. Understanding the nature of matter decided by the tribunal, AI can play a significant role in docket management and decision making," CJI said addressing a gathering at the 79th foundation day celebration of Income Tax Appellate Tribunal (ITAT) here.

However, the CJI said that AI should be utilised only to cover the repetitive areas of decision making.

"We have been dealing with the introduction of AI in courts. I am of the view, based on the experience of systems I have used, that it is only the repetitive areas of decision making like rates of taxation, etc or things that are invariably the same or are mechanical that must be covered by AI," CJI Bobde said.

"I do not believe that AI should ever be allowed to substitute the human discretion which is necessary for a just decision making," he added.

CJI Bobde said that he is looking to induct the AI system in courts that are capable of reading a million characters per second.

"The AI system we are looking to employ in courts possess reading speeds of a million characters per second. I can imagine such system be used to extract all relevant facts, compute tax effects and assist in millions of ways to propel the pace of decision making," the CJI said.

He said that the United Nations Development Program has picked up Indian Income Tax Appellate Tribunal as a success case study from developing world and projected it as a role model.

"The UN's Development Program picked up Indian Income Tax Appellate Tribunal as a case study of a success story from developing world and projected it as a role model in UNDP event in New York for other developing nations," CBI Bobde added.

Talking about the effects of "excessive taxation", CJI Bobde said, "While tax evasion is a social injustice to fellow citizens, arbitrary tax also results in social injustice by the government.