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The Supreme Court’s AI Committee has proposed draft regulations that would ban the use of artificial intelligence (AI) to determine trial outcomes, prohibit AI-enabled sentencing without mandatory human oversight, prevent AI systems from profiling parties or witnesses, and prohibit the use of “opaque” or “unaccountable” AI systems in any court proceeding.
The proposed regulations come amid concerns expressed by the Supreme Court in recent months about courts’ increasing reliance on AI to make decisions. In March, a bench headed by Justice PS Narasimha reprimanded the trial court for relying on a non-existent judgment generated with the help of AI, saying it amounted to judicial “misconduct” rather than mere “error in decision-making”.
The preliminary draft Rules for the Use of Artificial Intelligence (AI) in Courts, 2026, published on Wednesday (3 June 2026), emphasizes that AI systems used in court proceedings must “function only in an auxiliary capacity” and remain “strictly subordinate to human judgment and judicial authority.”
The committee, chaired by Supreme Court Justice PS Narasimha and comprising Justice Sanjeev Sachdeva, Justice Raja Vijayaraghavan V, Justice Anoop Chitkara and Justice Suraj Govindaraj, sought comments and suggestions from stakeholders and the public on the draft regulations before finalizing them. The deadline for submitting responses is June 20th.
“Digital divide”
The draft regulations state that the processing of personal data through AI systems will comply with the provisions of the Digital Personal Data Protection Act 2023. It also emphasizes that AI systems must not “perpetuate, amplify, or introduce bias” based on race, religion, caste, sex, gender, disability, language, economic status, or any other grounds prohibited by the Constitution.
“Applications that involve a higher level of risk to individual liberty, individual legal rights, or the integrity of judicial outcomes shall be subject to correspondingly enhanced safeguards, such as mandatory participant requirements and independent oversight,” the draft states.
The report further warns that AI-assisted justice systems should not “widen the digital divide” and must remain accessible to all stakeholders, including those in rural, economically disadvantaged and linguistically diverse communities.
The draft regulation allows for the use of AI for administrative functions such as case management, creating cause lists, scheduling hearings, transcribing court proceedings, and translating judgments, but clarifies that AI systems cannot be used for “risk scoring” in court proceedings. This includes assessing flight risk, predicting recidivism, assessing bail eligibility, and determining the credibility of parties and witnesses.
It also prohibits authorities from using AI systems for surveillance or ongoing monitoring of judicial officers, lawyers, litigants, or other interested parties, “unless specifically permitted by current applicable law.”
“Apex body”
The draft regulation proposes creating a full-time “supreme body” within the Supreme Court to oversee the implementation of AI in the judiciary and lead in standard-setting and policy development.
The report recommends that the Supreme Court be composed of two Supreme Court Justices appointed by the Chief Justice of India (CJI), with one of them serving as the ex-officio Chairman. Two High Court Chief Justices and two High Court Judges appointed by the CJI. One member from an institution of national importance or repute nominated by the CJI. Officials below Joint Secretary, Government of India, Ministry of Electronics and Information Technology. Financial experts and cybersecurity experts appointed by the CJI. One or more advocates with expertise in technology law, data privacy, or related fields. and a professor leading the field of artificial intelligence at the National Judicial Academy in Bhopal.
The rules also allow for the inclusion of additional experts from research institutes and academic societies with prior permission from the CJI.
issued – June 4, 2026 5:17 PM IST
