Indian High Court Justice Questions Mandatory AI Disclosure for Lawyers

Justice Prathiba M Singh of the Delhi High Court has expressed reservations about a proposal from India's Supreme Court that would mandate lawyers to disclose their use of artificial intelligence (AI) in court filings. According to a Bar & Bench report, Justice Singh believes the requirement could lead to increased administrative work without necessarily enhancing accountability.

Speaking at an international conference, Singh noted that lawyers already manage several technology-related compliance tasks. She suggested that mandatory AI disclosure norms might become routine paperwork rather than a meaningful safeguard against potential inaccuracies. "I think disclosure norms is just going to make lawyers’ life more difficult," she stated.

While acknowledging that AI will inevitably be used by legal professionals for research, summarization, and drafting, Justice Singh emphasized the critical need for human verification. She cited instances where AI-generated material, including non-existent legal judgments, proved problematic, leading to erroneous court orders. "AI is going to be used. You wouldn’t want lawyers to come and lie to you saying they don’t use AI. They should use AI, but with the human verification standard," she said.

Justice Singh also advocated for the judiciary to develop its own AI platform rather than relying on public tools, particularly for handling sensitive court data. She suggested that more accessible solutions, like affordable live transcription systems, could offer immediate improvements, especially for streamlining criminal trials.

These remarks come as the Supreme Court deliberates on draft regulations for AI use in courts. The proposed rules permit AI for various tasks but stipulate human oversight and verification. Bar associations and technology firms have raised concerns and requested clarifications regarding the disclosure obligations and the scope of technical audits.