Published: June, 2026
Key Highlights
- Supreme Court releases draft AI regulations for courts across India
- AI tools allowed for legal research, drafting, and translation — with mandatory disclosure
- AI cannot decide cases, grant bail, or pass sentences
- Public consultation open until June 20, 2026
- Applies to Supreme Court, High Courts, subordinate courts, and tribunals
India’s Supreme Court Takes Historic Step on AI in the Judiciary
In a landmark move, the Supreme Court of India has released draft regulations governing the use of artificial intelligence (AI) in courts, becoming one of the first apex courts in the world to formally address AI’s role in the justice system.
The Draft Regulations for Use of Artificial Intelligence in Courts, 2026, released by the Supreme Court’s AI Committee, are open for public consultation until June 20, 2026. Once finalised, these rules will apply to the Supreme Court, all High Courts, subordinate courts, tribunals, and statutory adjudicatory bodies across India.
What Is AI Allowed to Do in Courts?
Under the proposed framework, AI tools can be used for the following purposes:
- Legal research and case law analysis
- Citation verification
- Drafting assistance for pleadings and documents
- Translation and transcription services
- Case management and scheduling
- Record management and judicial administration
- Improving accessibility for litigants navigating court services
This opens the door for lawyers and litigants to use AI-powered tools like ChatGPT, legal research platforms, and drafting assistants — provided they disclose such use to the court.
What Is AI Strictly Prohibited From Doing?
The draft regulations draw a clear and firm boundary around judicial decision-making. AI systems will be strictly barred from:
- Deciding cases or determining legal outcomes
- Granting or denying bail
- Passing sentences
- Evaluating witness credibility
- Predicting future conduct of accused persons
- Influencing judicial deliberations
Courts will also be prohibited from relying on “black-box” AI systems — opaque tools whose reasoning cannot be explained — in matters affecting fundamental rights or personal liberty. This includes AI-based risk-scoring tools used to assess whether an accused is likely to reoffend or abscond.
Mandatory Disclosure: What Lawyers Must Do
One of the most significant provisions in the draft is the mandatory AI disclosure requirement.
Any lawyer or litigant who uses AI tools in preparing:
- Pleadings
- Legal documents
- Court submissions
- Evidence
…must inform the court at the time of filing.
Courts may also ask for details about:
- Which AI system was used
- The extent of AI assistance provided
- What verification steps were taken to ensure accuracy
Important: If AI-generated material is found to be false, fabricated, or misleading, the person who filed it will be fully accountable. Claiming “the AI made an error” will not be accepted as a defence.
The Principle of “Human Primacy”
The entire framework is built on the principle of “human primacy” — meaning AI can only serve as an assistive tool and can never replace the independent authority of judges.
Final responsibility for decisions on facts, law, and justice will continue to rest with judges and court officials. Judges also cannot blame AI errors or hallucinations to justify incorrect decisions.
This is a direct response to a troubling trend — in March 2026, the Supreme Court had to reprimand a trial court for citing AI-generated orders in deciding a real case.
Addressing the Risk of AI Hallucinations
The draft specifically acknowledges the risk of AI hallucinations — instances where AI tools generate confident but factually incorrect information.
To address this, the regulations require that all AI-generated outputs must be verified before use in any judicial process. This is a critical safeguard, especially in legal contexts where accuracy is non-negotiable.
Oversight and Implementation Framework
To ensure proper implementation, the draft proposes:
- A permanent apex AI body at the Supreme Court level
- Dedicated AI Committees and Secretariats across all courts
- Annual audits of AI systems used in courts
- Maintenance of AI registers and incident databases
- Cybersecurity safeguards and data protection compliance
- Regular training programmes for judges, lawyers, and court staff
Why This Matters: India’s AI Justice Revolution
India’s judiciary handles over 50 million pending cases. AI tools, if used responsibly, have the potential to significantly reduce delays, improve access to justice, and make courts more efficient.
The Supreme Court’s draft regulations reflect a balanced, progressive approach — embracing technology’s benefits while firmly protecting the integrity of judicial decision-making.
This framework positions India as a global leader in responsible AI adoption within the legal system, alongside other jurisdictions like the European Union and the United States that are also developing AI governance frameworks.
What Should Lawyers and Litigants Do Now?
- Read the draft regulations — The public consultation is open until June 20, 2026. Legal professionals can submit feedback.
- Disclose AI use — Start maintaining records of any AI tools used in legal work.
- Verify AI outputs — Never submit AI-generated content without thorough fact-checking.
- Stay updated — Follow the Supreme Court’s official announcements for the final regulations.
Frequently Asked Questions (FAQs)
Q: Can a lawyer use ChatGPT to draft a court petition? A: Yes, under the proposed rules — but they must disclose this use to the court and verify the content for accuracy.
Q: Can an AI tool be used to decide whether to grant bail? A: No. Bail decisions remain exclusively with judges and cannot be influenced by AI recommendations.
Q: When will these regulations come into effect? A: The public consultation closes on June 20, 2026. Final regulations will be notified after review of public feedback.
Q: Do these rules apply to lower courts too? A: Yes. The regulations will apply to the Supreme Court, all High Courts, subordinate courts, tribunals, and statutory adjudicatory bodies nationwide.
Source: Supreme Court of India — Draft Regulations for Use of Artificial Intelligence in Courts, 2026