AI in Justice or AI Injustice?

Abstract

The core of the Indian legal system lies not only in statutes but also in judicial decisions. Precedent plays a vital role in shaping India’s law. Therefore, as technologies such as AI make their way into the areas of justice, administration and governance, it is essential to evaluate them not just in theory but also considering judicial interpretations.Today, the world is divided into two categories.The first includes countries that have their own AI systems, servers and data making them digitally sovereign and secure in their technology whereas The second category comprises of such countries that rely on foreign technology and data making them dependent. For India, in order to become a self-reliant and developed nation by 2047, Aatmanirbhar Intelligence is the need of an hour and as such it must be developed. AI is the most significant revolution in human history. It presents a challenge to humans in ways that have never been seen before.What will human brains do, if AI bots takes over tasks performed by human since the era of computers?The rapid spread of AI across various sectors like healthcare, finance, consumer markets and public administration has outplaced India’s legal and regulatory structure.India’s current approach based on ad-hoc ministry level advisories and the non-binding responsible AI principles issued by NITI Aayog lacks the necessary legal authority to regulate high risk AI deployments. This study explores the shortcomings of the existing legal framework in addressing AI-induced harm. It also focuses on consumer facing AI applications.By comparing the 2024 Artificial Intelligence Act of the European Union, the world’s first comprehensive AI law and the sector specific approach of the UK, this paper argues that a purely horizontal AI law is not suitable for India’s regulatory and judicial system.Instead, it suggests a sector specific regulatory model that integrates AI accountability standards into existing legislation, such as the Consumer Protection Act, 2019 and the Digital Personal Data Protection Act, 2023. This study also proposes the establishment of a central AI oversight authority. The study concludes with specific legislative recommendation aimed at creating a coherent and constitutionally sound national AI governance framework.