Artificial Intelligence and Future Judiciary in India
Prithwish Ganguli
Advocate, Official State Legal Advisor World NRI Council at World NRI Council, Guest Faculty at Heritage Law College
Brief introduction to Artificial Intelligence: Artificial intelligence (AI) is the emulation of human intellect in devices that have been designed to behave and think like humans. The phrase may also be used to refer to any computer that demonstrates characteristics of the human intellect, such learning and problem-solving.
Ability to reason and take actions that have the highest likelihood of reaching a certain objective is the ideal quality of artificial intelligence. Machine learning (ML), a subtype of artificial intelligence, is the idea that computer systems can automatically learn from and adapt to new data without human assistance. Deep learning algorithms allow for this autonomous learning by ingesting vast quantities of unstructured data, including text, photos, and video.
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Historical Background of AI: 1956?- John McCarthy coined the term ‘artificial intelligence’ and had the first AI conference.
1969?- Shakey was the first general-purpose mobile robot built. It is now able to do things with a purpose vs. just a list of instructions.
1997?- Supercomputer ‘Deep Blue’ was designed, and it defeated the world champion chess player in a match. It was a massive milestone by IBM to create this large computer.
2002?- The first commercially successful robotic vacuum cleaner was created.?
2005 - 2019?- Today, we have speech recognition, robotic process automation (RPA), a dancing robot, smart homes, and other innovations make their debut.
2020?- Baidu releases the LinearFold AI algorithm to medical and scientific and medical teams developing a vaccine during the early stages of the SARS-CoV-2 (COVID-19) pandemic. The algorithm can predict the RNA sequence of the virus in only 27 seconds, which is 120 times faster than other methods.?
What are the Advantages of Artificial Intelligence:
1.??Reduction in Human Error: One of the most significant advantages of artificial intelligence is its ability to significantly reduce errors while increasing accuracy and precision. The decisions made by AI in each step are determined by previously gathered information and a specific set of algorithms. These errors can be eliminated if proper programming.
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2.??Zero Risks: Another significant advantage of AI is that humans can avoid many risks by delegating them to AI robots. Whether it's defusing a bomb, going to space, or exploring the deepest parts of the ocean, machines with metal bodies are naturally resistant and can survive hostile environments. Furthermore, they can provide accurate work with greater responsibility and are not easily worn out.
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3.??24x7 Availability: Many studies show that humans are only productive for about 3 to 4 hours per day. Humans, too, require breaks and time off to balance their work and personal lives. However, AI can work indefinitely without rest. They think much faster than humans and can complete multiple tasks at once with high accuracy. They can even handle tedious repetitive tasks with the assistance of AI algorithms.
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4.??Digital Assistance: Some of the most technologically advanced businesses interact with customers via digital assistants, eliminating the need for human personnel. Many websites use digital assistants to deliver content requested by users. We can have a conversation with them about our search. Some chatbots are designed in such a way that we can't tell whether we're speaking with a human or a chatbot.
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We are all aware that businesses have a customer service team that must address the patrons' questions and concerns. Businesses can use AI to build a chatbot or voice bot that can answer all of their clients' questions.
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5.??New Inventions: In almost every field, AI is the driving force behind numerous innovations that will assist humans in resolving the majority of difficult problems.
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Recent advances in AI-based technologies, for example, have enabled doctors to detect breast cancer in a woman at an earlier stage.
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6.??Unbiased Decisions: Human beings are driven by emotions, whether we like it or not. AI on the other hand, is devoid of emotions and highly practical and rational in its approach. A huge advantage of Artificial Intelligence is that it doesn't have any biased views, which ensures more accurate decision-making.
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7.??Perform Repetitive Jobs: As part of our daily work, we will be doing a lot of repetitive tasks, such as checking documents for errors and mailing thank-you notes, among other things. We may be able to use artificial intelligence to efficiently automate these menial tasks and even eliminate "boring" tasks for people, freeing them up to be more creative.
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8.??Daily Applications: Our daily lives are now entirely dependent on mobile devices and the internet. We use apps such as Google Maps, Alexa, Siri, Cortana on Windows, OK Google, taking selfies, making calls, responding to emails, and so on. We can also predict today's weather and the days ahead using various AI-based techniques.
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9.??AI in Risky Situations: This is one of the primary advantages of artificial intelligence. We can overcome many of the dangerous constraints that humans face by developing an AI robot that can perform dangerous tasks on our behalf. It can be used effectively in any natural or man-made disaster, such as going to Mars, defusing a bomb, exploring the deepest regions of the oceans, or mining for coal and oil.
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Implementation of Technology in Judicial System:
Technological advancements in the field of information, as well as the introduction of computers, have marked a watershed moment in the history of human civilization. It has caused a sea change in all aspects of human activity. It has increased efficiency, productivity, and output quality in all walks of life.
The extensive use of information technology by various organizations around the world has resulted in increased efficiency, effectiveness, and optimal resource utilization. Computers and electronic communication devices such as facsimile machines, electronic mail, and video conferencing enable the processing of large volumes of data with speed and accuracy, the exchange of useful information between different locations, and the support of higher decision-making quality. These capabilities have aided in the development of more efficient and responsive systems not only in business organizations, but also in legal, governmental, and other public systems.
While the Information Revolution arrived in India a few years ago, automation has not completely transformed all aspects of life. It has not permeated the Subordinate judiciary in particular, resulting in the continuation of old work methods based on manual systems. The enormous problems that the judiciary is experiencing as a result of arrears, backlogs, and delays can be alleviated in part by the implementation of automation in subordinate courts.
Backlogs, delays, and costs are well known issues for courts, the judiciary, and the general public seeking justice. While these issues have many facets, improvements in operational efficiency, coordination, accessibility, and speed that IT can bring about can contribute significantly to their improvement and alleviation.
However, the current rate of development, particularly at the subordinate court level, is far too slow to have the desired impact in the near future. Massive problems necessitate appropriately large commitments and major initiatives in order to make a significant dent.
Most of the bottlenecks identified by Judicial Commissions and Committees in terms of delays, arrears, and backlog can be partially overcome if India implements a sound judicial management information system. The use of computers will vastly improve Case Management, File Management, and Docket Management. The following are specific areas where the use of computers will result in increased productivity and reduced delays.
?????????a) Legal Information Data Bases.
b) On line query system for precedents, citations, codes, statutes etc.
c) Generation of Cause List and online statistical reports.
d) Online Caveat matching.
e) Online updating of data, monitoring and “flagging” of events.
f) Pooling of orders and judgments.
g) Daily List generation with historical data of each case.
h) Word processing with standard templates including generation of notices/processes.
i) Access to international databases.
j) Feedback reports for use of various levels.
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The areas listed above are just a few examples of where information technology can be introduced with proper planning. Tracking of cases, in particular, would result in better monitoring and control of cases by the Presiding Officers rather than the lawyers.
For higher productivity and faster decision making at all levels, computerization should be supplemented by the use of fax, e-mail, video conferencing, and other facilities.
Present issues in Indian Judiciary[i]:
Despite the independence of the judiciary from the executive and legislative branches, the Indian judicial system has a number of problems. Such issues impede the courts' ability to function efficiently and deliver justice to citizens, which is a fundamental right for them.
A famous quote even states that "justice delayed is justice denied," and such is the plight of the Indian judiciary that one of the primary issues it faces is the delay in providing justice to ordinary citizens.
Some issues of the Judiciary are described hence:
“Issues with the Indian judicial system
????????????i.???????The pendency of cases.
??????????ii.???????Corruption.
?????????iii.???????Lack of transparency (particularly in the appointment of judges).
?????????iv.???????Under trials of the accused.
???????????v.???????Lack of information and interaction among people and courts.[ii]”
Point No.(ii) & (iii) mentioned above needs a little clarification to understand the depth of the issue in a better and realistic way.
In some cases, the judiciary, like the other pillars of democracy, the executive and legislative branches, has been shown to be corrupt. There has been no accountability mechanism established. Even the media is unable to provide an accurate and comprehensive picture of the corruption situation in court proceedings.
The media appears to be more interested in exposing corruption in other areas, particularly the executive branch. A minister accepting a bribe or distributing money during an election may make headlines, but a judge does not.
So, it is admittedly that there is corruption in the judiciary.
The decision to suspend the two additional sessions judges, posted at Dwarka district court, was taken by a full court of the Delhi High Court on December 21, 2017. [iii]
So, it is not the fact that the judiciary is clean like RO water and no one can see to the judges with a suspect in his eyes.
Before proceeding to the next part of this article, it is important to point out another aspect whose father is the corruption as is evidently present in the judiciary. In the appointment of Judges or Magistrate, one cannot assure that the entire appointment process is free from corruption. A small cell of cancer can spread over the whole body very fast and its probability is very high. Besides in West Bengal presently we are experiencing the corruption beyond imagination in appointment of Teachers. Who can confirm that such practice has not hacked the process of appointment of Judicial Officers!
In case of appointment in such way, the noble and auspicious chair is filled by someone who is not competent. Here one point must be mentioned. Judges are first Lawyers and then they become judges. Then what is the basic difference? A judge must have judicial mind which a lawyer need not. Application of judicial mind is the very important aspect in deciding any litigation. But it cannot be expected from someone who has been occupying the chair by adopting unfair means.
When the situation is like this, in a country like us, it is not possible to recheck the appointment procedure of each and every appointment all over the Country. What Hon’ble Justice Abhijit Ganguly of High Court at Calcutta has been doing is a fraction of the entire and it is not possible to scan the entire appointments for the last ten years or so and to wipe out the underserved candidates.
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Estonia - the most tech-savvy societies in the world
Estonia has left a significant mark on the world scene despite being a small nation.
Due to its high-tech digital society, the tiny Baltic nation of 1.3 million has captured the interest of international leaders, scholars, and venture investors.
The statistics speak for themselves: filing taxes takes less than five minutes online, 99 percent of governmental services in Estonia are accessible online around-the-clock, and nearly one-third of voters cast ballots online.
In an August interview with CNBC in Tallinn, Estonia's president Kersti Kaljulaid said, "We have a generation that has grown up understanding that you connect digitally with your school because we have an e-school system, with your doctor because of e-health." One might claim that the government of Estonia provides for its citizens what is often only available through the private sector.
Estonia may provide a model for creating a digital society as governments across the world struggle with issues like data gathering, artificial intelligence, and cyber threats.
Estonia launched a number of quick-track reforms to improve the economy after gaining independence from the Soviet Union in 1991. It started off with a digital strategy.
According to Kaljulaid, Estonia was a rather impoverished nation. "Our government, our civil workers, and the public sector all aimed to provide high-quality services to the populace. We immediately converted everything to digital since it was simple cheaper and easier.”
Estonia made a commitment to equip every classroom with computers, and by 2000, every school in the nation had access to the internet. This was a significant educational undertaking. 10% of the adult population was also given free computer training by the government. The initiative assisted in increasing Estonians' internet usage from 29% in 2000 to 91% in 2016.
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Estonia introduced a cutting-edge national ID system in 2002. Estonians utilize physical ID cards and digital signatures to access their medical information, vote, pay taxes, and conduct online financial transactions.
Tobias Koch, a business engagement manager at the e-Estonia showroom, a hub in Tallinn that highlights Estonia's digital solutions, stated that Estonians knew this because they welcomed internet and technology: "Business, and everything, is going to go to the internet." "You need something that works online rather than just having an offline ID card."
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Artificial Intelligence in Judiciary:
Estonia: Estonia is undoubtedly one of the most advanced countries in terms of digital technology and cybersecurity. This is reflected in several areas of Estonian society such as healthcare, public services and of course the judicial system with many innovations. In the next few lines, we look at what these innovations in the judicial system are and how they improve its functioning.?announced the development of artificial intelligence aimed at determining violent crime cases. AI can govern independently and its decisions are automatically executed without the scrutiny of a human judge. This works thanks to machine learning. So far, testing has been carried out in 2021. Other countries have also decided to take this step. In fact, China has developed an AI that analyzes written procedural reports to determine whether to file a complaint. Its effectiveness is estimated at 97% for the most common crimes.
?Additionally, Estonia has recently taken a step towards a digital justice system. In fact, speech recognition tools replace lengthy deliberations for caseworkers. The accuracy rate of this tool was announced to be 92%.
?By introducing these two digital tools, Estonia hopes to speed up the legal process. We all know that this takes a long time, sometimes years. Estonia has ambitions to become Europe's fastest-acting country when it comes to justice. Digital technologies are a part of everyday life in Estonian society, so these innovations have been very well received by citizens and professionals, but in other countries, like France, there are still many, mainly from legal professionals. There is resistance.
?But we should not see these innovations as replacements for humans, but as helping to improve the functioning of public services. In fact, these tools allow case workers to focus on other tasks, and artificial intelligence decisions allow judges to focus their full attention on more labor-intensive and complex cases. As mentioned above, some cases that can be completed in a few months may take years. The justice system and its reputation will only improve if we have the tools to handle these cases.
?It is essential to understand how these tools work and how they can improve the work of legal professionals. Digital innovation is only accelerating. Countries that can combine public services with these new tools that are currently transforming our personal and professional lives should be examples.
China: China continues to invest enormous resources in the development of artificial intelligence, which will have a greater impact on daily life and the functioning of the state. Even Chinese courts are using AI to aid legal decisions.
A court in Hangzhou, south of Shanghai, began using AI in 2019.?Xiao Zhi 3.0, or “Little Wisdom,” a utility of judges, initially assisted in his 10-person trial for failing to repay bank loans. Before, it took 10 separate processes to resolve an issue, but with Xiao Zhi 3.0, all cases are resolved in his one hearing with a judge, and decisions can be made in just 30 minutes. was taken down.
First, Koshi 3.0 took over repetitive tasks such as presenting trials at public hearings.
The technology is currently being used to record eyewitness testimony using voice recognition, analyze case materials, and verify information from databases in real time.
Xiao Zhi 3.0 is mainly used when simple financial disputes are involved. However, similar techniques were used in Suzhou courts to resolve disputes involving traffic accidents. AI reviewed evidence and created verdicts, saving judges time.
Xiao Baogong Intelligent Sentencing Prediction System is another legal AI platform, also used by criminal justice judges and prosecutors.
?A system that presents proposed penalties based on big data analysis of case information and judgments of similar cases in the past.
“We see Chinese courts trying to bring AI to criminal cases as well. One of the challenges of China’s criminal justice system is ensuring consistency. We want to make sure the penalties are the same in the US," Shitong Qiao, a law professor at Duke Law School in the United States, told DW. But Zhiyu Li, Associate Professor of Law and Political Science at Durham University, said AI could be used to assist in more complex legal decisions when decisions based on AI calculations are deemed more trustworthy than human decisions. It states that there are ethical issues when using AI.
In China, people with smartphones can?file complaints, track the progress of cases, and communicate with judges.
AI-based automated machines located at so-called 'one-stop' stations provide legal advice, register cases and prepare legal documents 24/7. You can also claim attorney fees.
However, there is some debate as to the reliability of the information provided by these automated attorneys. The machine is designed with the material, emotional, and time costs associated with a case in mind, providing users with calculated information to predict outcomes. Be aware that automation can remove nuances and cause people to make the wrong decisions.
“Based on our interview results, some disputants were highly skeptical about the reliability and usefulness of machine-generated predictions, because predictions are It was based on answers to multiple-choice questions instead of multiple-choice questions,” said legal expert Zhiyu.
?Another problem is that China's regional digitization is uneven, so AI systems base their evaluations on incomplete public records. Controversial cases have been removed from the government database China Judgments Online. This has raised concerns about whether AI can make unbiased decisions based on fragmented data.
?“I believe that maximizing the use of AI while ensuring accountability is both a problem unique to China and a universal problem. I do not understand, AI makes it very difficult for individual citizens to hold judges and government officials accountable," said Qiao.
Artificial Intelligence in the Future Judiciary: The Global Judicial Integrity Network began investigating the ethical use of AI in the justice system when it officially launched in April 2018. At this time, the Justice Systems Institute hosted a panel discussion on AI and court administration as one of its breakout sessions. Following the event, panelist Francesco Contini wrote an article on AI based on his experience drafting the recent Council of Europe guidelines on the use of AI. His comprehensive opinion article published on our website provides a solid overview of the issues encountered. and detailed how to deal with court backlogs.
In addition to these activities, the network was involved in and discussed at the International Conference of the Judicial Policy Institute of the Supreme Court of the Republic of Korea in Seoul and the UN Global Pulse Meeting on Governance of Data and AI in Geneva. I did. about the topic. Additionally, a panel on AI was organized by the Global Judicial Integrity Network as part of the World Bank's Law, Justice and Development Week 2019 and at the Network's second high-level event in Doha, Qatar in 2020. it was done. The network was recently unveiled during the Gender Equality Breakthrough Track at the AI for Good Global Summit, with attendees able to watch a recording of the final presentation online.
?Many law enforcement agencies are beginning to use AI applications to increase efficiency. Although artificial intelligence has great potential for improvement, law enforcement agencies should consider potential challenges to ethical principles such as transparency, accountability and fairness when developing new projects. Of course, even when using new technology, law enforcement agencies must ensure compliance with the Bangalore Principles.
As an emerging field, the use of AI in justice remains largely unregulated by specific policies, and the network hopes to leverage the expertise and best practices of its participants in the coming months to fill this gap.
Artificial Intelligence in Indian Judiciary:
Apex Court is a pioneer in using AI to support judges in their legal investigations. The Artificial Intelligence Portal SUPACE, which stands for Supreme Court Portal to Support Court Efficiency, was launched in April 2021. SUPACE is an AI-enabled support tool that enables legal researchers and judges to be more efficient in handling cases and extracting relevant information, reading case files, managing teamwork, and preparing case documents.
SUPACE's AI-powered workflow consists of four parts: file preview, chatbot, logic gates and notebooks. Case files, which are typically PDFs, can be converted to text. Text- and voice-enabled chatbots help provide quick case summaries, while fact-extraction systems provide case information such as summaries, chronologies, and verdicts. Finally, an integrated word processor makes this tool a true end-to-end system.
This entire system is subject to human user training. AI systems learn patterns based on annotated and extracted information and are trained in this manner.
SUPACE is an online portal accessed with a login ID and password. It provides a digital infrastructure that can facilitate initiatives and achieve the objectives of the nationwide digitalization movement. SUPACE truly unlocks the untapped power of digitization with its robust workflow and machine learning capabilities. All High Court judges are encouraged to start using his SUPACE to increase efficiency.
Artificial Intelligence
Machine Learning
Benefits of integrating AI & ML in Justice delivery
ML-based applications in Judiciary
Issues and Challenges associated with AI in Judiciary
Way Forward
AI for Legal Professionals:
Contract Lifestyle Management (CLM):
The process of managing contract creation, execution, and analysis is known as contract management. Its goal is to increase an organization's operational and financial performance while lowering financial risk.
When two companies wish to do business with each other, the contract stipulates the activities both organizations will undertake and the conditions under which each will carry out each part of the contract. Contracts have a significant impact on a company's profitability as revenues and expenses are emphasized.
Poorly drafted contracts can cost companies thousands of dollars over simple technical issues that they didn't have the resources to identify. Effective contract management can ultimately pave the way for strong business relationships and long-term profitability, but only if managed properly. We recommend that you involve your legal department or an attorney in your contract management discussions. Accurate contract wording is very important for contract management.
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Contract management is also concerned with managing various contracts with freelancers and employees. These may require controls and changes that help both parties.
In general, contract management involves several key stages. There is an early phase or a pre-awards phase. This is all the work done before someone is given a contract, be it a company or an employee. In the middle stage, the process is awarded. This includes all formalities to make the contract final. Third, there is the post-award phase. This is where much of the contract management and maintenance takes place. These three basic stages are an easy way to look at contract management in three stages, but the process is more complex and can be seen in multiple stages by looking in detail. More details on the process are provided later.?
The fundamentals of contract management:
When two companies wish to do business with each other, the contract stipulates the activities that both organizations will undertake and the conditions under which each will carry out each part of the contract. Contracts have a very strong impact on the profitability of a business as they are revenue and expense focused.
Poorly drafted contracts can cost companies thousands of dollars over simple technical issues that they didn't have the resources to identify. Effective contract management can ultimately pave the way for strong business relationships and long-term profitability, but only if managed properly. We recommend that you involve your legal department or an attorney in your contract management discussions. Accurate contract wording is very important for contract management.
Contract management is also concerned with managing various contracts with freelancers and employees. These may require controls and changes that help both parties.
In general, contract management involves several key stages. There is an early phase or a pre-awards phase. This is all the work done before someone is given a contract, be it a company or an employee. In the middle stage, the process is awarded. This includes all formalities to make the contract final. Third, there is the post-award phase. This is where much of the contract management and maintenance takes place. These three basic stages are an easy way to look at contract management in three stages, but the process is more complex and can be seen in multiple stages by looking in detail. More details on the process are provided later.?
Four Ways Contract Management Software Can Help Legal Professional:
A.??Contract management software makes creating a contract easy and automated: Automation is woven into the contract management process using contract management software, also known as contract lifecycle management. Contracts can be automatically put together depending on factors related to the contract, such as area, products, services, or pricing terms, if a library of authorised templates and provisions is in place. Users of cutting-edge contract management software may generate contracts automatically based on set business criteria and bulk data transfer. Self-service contract formation provides faster time-to-revenue and greatly saves legal operational expenditures.
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B.??Contract management software makes contract review and approval cloud-based and completely auditable: Today's contract management software solutions are virtually entirely accessible over the cloud (SaaS). This means teams may collaborate and evaluate contracts from anywhere in the world. This proven to be a crucial skill for businesses looking to continue operations despite extensive office closures during COVID-19. Also, businesses may build up automated procedures to send contracts to the appropriate parties automatically by using contract management software. The programme records modifications to contract terms as they happen, generating an immutable audit trail and escalations if unauthorised clauses are added.
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C.??Contract management software connects contract data to the systems and processes they touch: A best-in-class contract management system can both fetch and push data to follow commitment fulfilments after a contract has been signed and performed. For instance, a spend management system may be used to push a supplier contract into it, ensuring that any invoices submitted in accordance with it adhere to the original requirements. This reduces leakage and gets rid of unauthorised expenditure. In a sales scenario, a firm may monitor delivery information in direct relation to the contract, ensuring that no obligation is unfulfilled and lowering risk while improving the company's partner status.
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D.?Contract management software makes contract data easily accessible and actionable via dashboards: Users may surface simple metrics inside preset dashboards as a result of contract management software's ongoing collection of contract data and connection of it with company operations. Contract risk is a frequent measure on dashboards. Companies may set up risk ratings using contract management software that is based on both internal and external data. This therefore enables users to identify contract risk early and take appropriate action to resolve it.
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The below diagram shows the functioning of the CLM in simple way:
Conclusion: From this we can conclude that artificial intelligence has many advantages in law. It is very useful for law firms for many tasks such as due diligence, data collection, and investigative work. With so many benefits, even with a high investment, the benefits of a legal professional can be overwhelming.
It is also true that they assist in their work rather than replace their positions. Lacking emotional intelligence, they cannot replace lawyers in court. Technological advances help lawyers do their jobs efficiently by enabling them to provide quality legal services to their clients.
It is difficult to imagine the future of the Indian legal system without artificial intelligence software that helps lawyers find relevant case law and laws. Even complex questions of the parties can be answered in very simple and understandable terms.
Artificial intelligence replaces the manual work of experts and the role of lawyers in court is the only thing they can do. could be a role. Currently, many areas are being implemented in the legal field. There are also some challenges that can be addressed by ensuring integration. Implementing artificial intelligence effectively requires a balanced approach. We need privacy laws for artificial intelligence users to manage, recover and use their data.
It is widespread in India, with many companies and lawyers opting for artificial intelligence automation.
The era of law firms and lawyers being trained in artificial intelligence and adapting to emerging technologies looks positive and rosy. There are many growth opportunities for the implementation of artificial intelligence in the Indian legal system. It is the need of the day and has been done by many in the legal industry. It has a double effect on the legal field. Also, there are pros and cons. It is therefore the right to overcome the shortcomings of artificial intelligence through systematic adoption. The Indian judicial system will greatly benefit from artificial intelligence.
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[iii] https://www.hindustantimes.com/delhi-news/delhi-high-court-suspends-two-trial-court-judges-over-alleged-corruption/story-PMEbfn4QOXIrDjZLo6NgEI.html
Author can be reached through email: [email protected]
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8 个月Amazing Article Prithwish ji