Comments and Suggestions on the Draft Regulations for Use of Artificial Intelligence in Courts, 2026

Document Type

Response or Comment

Publication Title

-

Abstract

This policy submission by the JSW Centre for the Future of Law, NLSIU provides a comprehensive legal critique of the Draft Regulations for Use of Artificial Intelligence in Courts, 2026 released by the Supreme Court of India. While praising the draft as the world's most structurally ambitious judicial AI governance framework, the text warns that its absolute standards—such as total bias elimination or perfect automated content verification—are technically impossible to achieve and could halt all AI integration. To resolve these limitations, the submission provides targeted institutional fixes: replacing the permissive "innovation over restraint" adoption posture with cautious, evidence-based pilot testing; establishing an explicit, three-tier risk-classification framework; introducing independent technologists into the judicial Apex Body; implementing self-standing data rights for litigants to shield them from judicial exemptions under the DPDP Act; and building a robust retrospective enforcement architecture to ensure concrete vendor liability.

Publication Date

6-20-2026

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