Kerala HC issues policy prohibiting AI in judicial decision-making

Kochi: In a significant development, the Kerala High Court has introduced a comprehensive Artificial Intelligence (AI) usage policy aimed at ensuring responsible and limited use of AI tools within the district judiciary. The policy explicitly prohibits the use of AI for decision-making or legal reasoning by judges and judicial officers.

Titled the 'Policy Regarding Use of Artificial Intelligence Tools in District Judiciary', the document was issued on July 19 and marks a pioneering step in India’s judicial system, according to court sources. It seeks to address the growing availability and accessibility of AI technologies by setting strict boundaries for their use in judicial functions.

The High Court has advised judicial officers to exercise “extreme caution” while using AI tools, warning that indiscriminate usage could lead to serious repercussions such as privacy violations, data security risks, and diminished public trust in judicial processes.

The policy’s central objective is to ensure AI is used solely as an assistive tool and strictly for permitted functions. It explicitly states that AI shall not be used under any circumstances to render decisions, determine legal outcomes, or substitute judicial reasoning. Responsibility for any judicial order or judgement remains entirely with the human judge.

Additionally, the policy aims to help judicial officers and court staff uphold their ethical and legal obligations, particularly in relation to transparency, human oversight, fairness, confidentiality, and accountability throughout the judicial decision-making process.

Violation of the guidelines may lead to disciplinary action, as per existing rules governing judicial conduct. The policy is applicable to all members of the district judiciary in Kerala, including their support staff, interns, and law clerks.

The policy encompasses all categories of AI tools, including generative AI systems like ChatGPT, Gemini, Copilot, and Deepseek, as well as databases and platforms that utilise AI to provide legal resources such as case law and statutes.

It further clarifies that the guidelines apply in all scenarios where AI tools are used to support judicial work, regardless of the time, place, or device used (be it personal, court-owned, or third-party).

Judicial officers are instructed to adhere to core principles when using AI tools for official purposes. These include transparency, fairness, accountability, and safeguarding confidentiality. The policy discourages the use of cloud-based AI services unless officially approved and mandates careful human verification of AI-generated outputs, including translations.

Courts are also required to maintain detailed records of all instances where AI tools are used, noting the specific tools involved and the human verification methods followed.

The policy also emphasises the importance of training. Judges and court staff are encouraged to participate in programmes covering ethical, legal, technical, and practical aspects of AI use. Any inaccuracies or issues identified in the output of approved AI tools must be promptly reported.

The Kerala High Court has directed all District Judges and Chief Judicial Magistrates to circulate the policy among judicial officers and staff in their jurisdictions and ensure strict compliance.


With PTI inputs

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